Date: Sat, 11 Jun 2011 02:19:39 -0500
Reply-To: Max Wellhouse <dimwittedmoose@CFU.NET>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Max Wellhouse <dimwittedmoose@CFU.NET>
Subject: Re: Copyright Questions: Item in hand,
copy and make similar or same. VLVC
In-Reply-To: <BANLkTinSq9ySBBUGXMO5HNsPHbNMSj04nw@mail.gmail.com>
Content-Type: text/plain; charset="us-ascii"; format=flowed
My nonlegal/non-professional opinion is that as long as you changed
the original item by 10 percent, they can't touch you. I will be
doing a similar thing on an item that has no patent in the near
future and can't wait for the original designer to come after me, as
he owes me several hundred dollars.
YMMV
DM&FS
At 01:41 AM 6/11/2011, neil n wrote:
>Hey Tom. Great insights. You've obviously BTDT.
>
>yah in my case, it would basically be a "no harm no foul" at some
>level. I just wanna save a buck. I may not even need the thing.
>(support for my bass trombone says he with a sometimes painful elbow
>and hand). We'll see.
>
>Given my business, I'm just sensitive to the issue of "stealing"
>someone else's work w/o permission so......
>
>Neil.
>
>On Fri, Jun 10, 2011 at 11:00 PM, Tom Hargrave <thargrav@hiwaay.net> wrote:
> > Neil,
> >
> > Patents are an offensive tool - they give the patent owner the leverage he
> > needs to go after someone who has stolen his design or implementation. A
> > patent owner is not going to go after someone who copies a tool to
> > accomplish a task in his garage.
> >
> > It's my opinion today that most patents are BS (short for Bull S^%$@)
> > patents. Someone will produce a copy of a established idea then will find a
> > almost obscure feature of the design to patent. This gives him the right to
> > apply his patent to his product but in reality it's just for that one
> > feature.
> >
> > So, if you are looking at a product that has a patent applied it's always
> > worth doing a patent search on the patent or patents applied. You may be
> > surprised at how little of the design they applied to.
> >
> > For example, the stir plate was patented in 1942 (US Patent 2,350,534) and
> > this patent has long since expired. But a newer patent exists (US Patent
> > 7075040) for stirring hot plate. But stirring hot plates have been around
> > for a long time too!
> >
> > Read the patent and you would believe they have all aspects of a stir plate
> > covered but then you finally get to the SUMMARY OF THE INVENTION which
> > states:
> >
> > "Embodiments of the present invention provide an improved
> stirring hot plate
> > that provides an improved visual indicator to the user that the platform is
> > hot-to-the-touch, and that visual indicator is especially
> effective when the
> > stirring hot plate is not in use.
> >
> > Additional embodiments provide a stirring hot plate which can rapidly brake
> > the magnets which cause a magnetic stir bar to rotate within a mixture
> > container."
> >
> > In other words, the patent is for a "hot plate" indicator light and a motor
> > that rapidly slows down when you turn the motor off!!!
> >
> > BTW, this was part of the patent research I did before designing the two
> > stir plates I sell. And neither stir plate has a BS patent applied.
> >
> > Thanks, Tom Hargrave
> > www.stir-plate.com
> > www.towercooler.com
> > www.kegkits.com
> >
> >
> > -----Original Message-----
> > From: Vanagon Mailing List [mailto:vanagon@gerry.vanagon.com] On Behalf Of
> > neil n
> > Sent: Friday, June 10, 2011 11:59 PM
> > To: vanagon@gerry.vanagon.com
> > Subject: Copyright Questions: Item in hand, copy and make similar or same.
> > VLVC
> >
> > Hi all.
> >
> > Hypothetically speaking, this would be a "one off" for me to use at
> > work. Did some patent searching online but didn't get any hits.
> >
> > If one makes an item, that is the same or very similar in function and
> > appearance to original design, is this *generally* considered a
> > copyright infringement?
> >
> > Item design appears simple and at most I figure $50 in materials.
> > Likely less as some materials are on hand. Item new is $250.
> >
> > The VLVC: learning a little more about design and fabrication during
> > my engine swap has only spurned me on to make this thing!
> >
> >
> > Neil.
> >
> >
> > --
> > Neil Nicholson '81 VanaJetta 2.0 "Jaco"
> >
> > http://tubaneil.googlepages.com/
> >
> >
> http://groups.google.com/group/vanagons-with-vw-inline-4-cylinder-gas-engine
> > s
> > -----
> > No virus found in this message.
> > Checked by AVG - www.avg.com
> > Version: 10.0.1382 / Virus Database: 1513/3693 - Release Date: 06/10/11
> >
> >
>
>
>
>--
>Neil Nicholson '81 VanaJetta 2.0 "Jaco"
>
>http://tubaneil.googlepages.com/
>
>http://groups.google.com/group/vanagons-with-vw-inline-4-cylinder-gas-engines
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