Re: New Midas M32 Console
Since this veer doesn't seem to be going away I'd like to amplify or expand upon a few points. (again with apologies for those disinterested in IP.)
There is no need for any license as the technology is simply not protected, nor protectable.
Indeed... the technology is deemed "public domain" or free to use.
A design patent requires a unique ornamental shape that is non-functional
Yes, the classic example of a design patent is the coke bottle. An iconic and easily recognizable shape, that they protect vigorously. In the MI business it is generally not worthwhile to file design patents on the majority of products that change often and form often follows function. An exception could be guitars, that probably carry design patents on iconic visual features like headstock , tailpieces, etc. Some old classic designs are not protected.
and on the other hand, a utility patent can only be obtained if there is a true innovation involved.
A utility patent is more about how something works and "novelty" or newness is one of the key requirements, besides being new or different, it also must do something useful and not be obvious to someone skilled in the art. This is a gross simplification but the basis. Inventors who secure patent protection for an invention, publish or teach "how" they accomplished their invention in exchange for protected use for a finite time period. After that period of protection expires this protected technology becomes public domain for all to use. (A few of my patents are that old).
Neither is the case here where we talk about a simple square box with simple cable tester functionality. Also, the color of the box and the different logos clearly indicate that these are different products so no consumer would get confused.
indeed
If you care to look deeper, you will find that the mechanical design of our cable tester is different and so is the circuitry, PCB layout, and in particular, the firmware for the microprocessor.
Not a comment about this particular product but a trend that I noticed over the last few decades in response to blatant copying, manufacturers began filing for copyright protection on PCB layouts and even owners manuals. The copyright law was not intended to protect this kind of IP but manufacturers found themselves competing with literal copies of PCB layouts and even owner's manual text. It seems software could be copyrighted but code must be customized for the processor used and some processors allow the code to be locked so it is harder to read and copy. There are publicly reported (and unreported) cases of such literal copying that I won't rehash here.
How many Fender Start versions are out there that all look alike?
Strat(ocaster)? Numerous, and apparently not protected, from back in a kinder gentler time when copies were looked down upon as inferior. We live in a new time with generations who grew up copying music and whatever for free off the WWW.
How many phones look alike? There is a fundamental difference between copying and copyright and simple research on Google, will provide information on these topics. The law not only allows copying, but also encourages copying as long as technology/content is not protected.
I don't know that the law encourages copying per se, it does not prevent it in most cases. The quid pro quo surrounding utility patents is to expand public knowledge with the publication of an invention, so everyone can learn from the documented innovation and expand upon that. The alternative is that technology is kept completely secret (aka trade secrets), and the growth of public knowledge is slowed down and in extreme cases lost. It is important to remember that IP stands for "intellectual property". Property that posses the characteristics of having both value and ownership, just like real property. There is a continuum of IP ranging from the obvious and legally protected patents and copyrights, to less tangible stuff like ergonomics and human factors engineering, that can make the difference between something that looks like a guitar, and something that is a joy to play and makes music. Some nuts and bolts old-shool products possess years or decades of embedded IP by companies that pioneered the products, and learned all the stuff that didn't work, perhaps by doing it wrong 20 years ago. This vague proprietary IP is not protected but surely has value. IP can even extend to branding where iconic advertising and good will surrounding a brand holds value. Depending on whether you are the winner or loser in "legally" poaching such proprietary IP, it is either clever business, or sleazy. Opinions vary. Many consumers benefit from lower cost knock-offs, ultimately we can all lose if innovation suffers.
While some people here might have a different personal view, which we respect, using other people’s ideas is perfectly ethical and again encouraged by the law as it drives competition and evolution. Just imagine a world with only one car, one mixer, one guitar, and one cable tester, the world would be quite boring and static.
I guess there could be a debate about the ethics of copying "other people's" ideas. We all benefit when wisdom and knowledge is shared, while people need to receive fair compensation for their work effort or what is the point of them creating more? It is generally a bad business model to copy someone who did something first, unless you have some other competitive advantage to make your version more attractive to buyers. Doing the same thing for significantly less money is one such merchantable model available to large companies with manufacturing scale and resources. Yes this is legal, and arguably provides customers a lower cost option. A business model based on this alone will eventually run out of innovative products to copy as the companies doing the innovation lose profits and fade away. At some point this is not increasing competition but damping it and the serial copier must come up with their own new ideas. Large companies can stagnate and will often buy smaller more innovative companies to feed internal new product generation. Note: some corporate acquisitions are just for the technology, some to open access to new markets. The best provide both.
Apple did not invent computers or phones, nor did we or any of the companies mentioned here, invent mixers. Innovation is often much deeper and invisible to the end user; value engineering in particular – while often underestimated – is an incredibly challenging and innovative process.
Indeed... I spent 15 years designing with a sharp pencil. It is much harder to design a VW than a Ferrari.
A good example is the X32. While most of our competitors use Windows or Linux as operating systems and therefore require an expensive PC motherboard, we designed and wrote our own operating system from scratch, a huge and difficult task, but a massive competitive advantage. While not visible to the customer, this is very innovative and we are proud of our achievement.
I have heaped praise on the X-32 numerous times and it is a notable achievement. Another unobvious feat of value engineering IMO is the motor-fader. Perhaps underestimated for degree of difficulty by people not familiar with such things. So congratulations once again.
The good news is that consumers have choices and can decide which manufacturer and product suits them. This is a wonderful thing as it creates more competition, all for the benefit of the consumer.
Time will tell wether competition is increased or decreased by modern market trends. It is what it is. I am glad I am no longer working in those particular trenches. There are still new technologies and new things for me to pursue.
JR