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The Basement
Copyright, Patent, General Intellectual Property Discussion (Branch from M32 Thread)
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<blockquote data-quote="John Roberts" data-source="post: 115700" data-attributes="member: 126"><p>Re: New Midas M32 Console</p><p></p><p></p><p>I have provided factual accounts of my personal experience and understanding of the sundry issues. </p><p></p><p>There have been multiple court cases over the years. With that much smoke there was surely some fire? I have even heard the claim that the lawsuits were some form of marketing strategy, really? Why would several companies gang up against Behringer? A more plausible explanation is that these sundry companies believed they were wronged, and pursued relief in the courts. Again this is all public record, while most settlements are private. </p><p></p><p>You are welcome.</p><p></p><p>How my posts are valued is not my primary concern. Again, please stop the false attributions. I do not dismiss the court of law even if I do not agree with their findings. I accept it. </p><p></p><p>While I was first to invent FLS, and Peavey did secure a utility patent covering my invention, it is very possible that the claims language in that original patent filing was not written broadly enough to prevent leaving wiggle room for a legal copy. I know that I did it first and then it was copied. The legality of that copy is now a settled issue in a US court. </p><p></p><p>Just to be factual.. I do not dispute Behringer receiving an improvement patent. Saying that I dismiss the patent examiner is yet one more false attribution (straw man argument).</p><p></p><p>They did come up with a tweak to my invention that makes it cheaper as I have previously also stated. They shifted the hold circuit from the individual bandpasses to the final compound comparator. This eliminates some 30 small capacitors so is a significant cost reduction. In my judgement this is not a new invention but a variation made to mine. A patent can be issued for an improvement without changing the authority of the first patent. The second patent only protects the new variation not the basic technology.</p><p></p><p>At this point the legality of this has been argued and settled in court so moot. I am not making new arguments to challenge that legal standing, but explaining my personal perspective. </p><p></p><p>Expert witnesses and lawyers are paid to argue one position or the other. Just like Peavey's expert witnesses and lawyers would agree with me, it is very likely that I disagree with Behringer's hired guns, that is the nature of legal disputes. </p><p></p><p>You are entitled to your opinion, and me mine. It is an old axiom about arguments, that when one side lowers the level of discourse to ad hominum (personal attack like calling me pathetic) that is evidence that they are losing the argument (or believe they are losing). </p><p></p><p>I am pleased that many people value my judgement and I try to be fair about all topics. I do not expect to please all the people all the time, That is life. </p><p></p><p>As I have said before I take no pleasure from this discussion. This is ancient history for Behringer and for me. </p><p></p><p>That said You don't get to re-write history and neither do I. The history is what it is, and many here have lived through it. That collective industry experience informs readers here about which of us is writing truth and which is creative writing. </p><p></p><p></p><p>You can express your opinions, but don't confuse repetition and attributing false claims to me for new information or thoughtful discourse. Once again I do not appreciate the personal invectives hurled my way. I have received more personal insults from you in this one exchange than from years of participation on several forums. I am a big boy and I can take it but i do not like it. You will not win any argument with me by being insulting, it just reflects poorly on your presentation. </p><p></p><p>JR</p></blockquote><p></p>
[QUOTE="John Roberts, post: 115700, member: 126"] Re: New Midas M32 Console I have provided factual accounts of my personal experience and understanding of the sundry issues. There have been multiple court cases over the years. With that much smoke there was surely some fire? I have even heard the claim that the lawsuits were some form of marketing strategy, really? Why would several companies gang up against Behringer? A more plausible explanation is that these sundry companies believed they were wronged, and pursued relief in the courts. Again this is all public record, while most settlements are private. You are welcome. How my posts are valued is not my primary concern. Again, please stop the false attributions. I do not dismiss the court of law even if I do not agree with their findings. I accept it. While I was first to invent FLS, and Peavey did secure a utility patent covering my invention, it is very possible that the claims language in that original patent filing was not written broadly enough to prevent leaving wiggle room for a legal copy. I know that I did it first and then it was copied. The legality of that copy is now a settled issue in a US court. Just to be factual.. I do not dispute Behringer receiving an improvement patent. Saying that I dismiss the patent examiner is yet one more false attribution (straw man argument). They did come up with a tweak to my invention that makes it cheaper as I have previously also stated. They shifted the hold circuit from the individual bandpasses to the final compound comparator. This eliminates some 30 small capacitors so is a significant cost reduction. In my judgement this is not a new invention but a variation made to mine. A patent can be issued for an improvement without changing the authority of the first patent. The second patent only protects the new variation not the basic technology. At this point the legality of this has been argued and settled in court so moot. I am not making new arguments to challenge that legal standing, but explaining my personal perspective. Expert witnesses and lawyers are paid to argue one position or the other. Just like Peavey's expert witnesses and lawyers would agree with me, it is very likely that I disagree with Behringer's hired guns, that is the nature of legal disputes. You are entitled to your opinion, and me mine. It is an old axiom about arguments, that when one side lowers the level of discourse to ad hominum (personal attack like calling me pathetic) that is evidence that they are losing the argument (or believe they are losing). I am pleased that many people value my judgement and I try to be fair about all topics. I do not expect to please all the people all the time, That is life. As I have said before I take no pleasure from this discussion. This is ancient history for Behringer and for me. That said You don't get to re-write history and neither do I. The history is what it is, and many here have lived through it. That collective industry experience informs readers here about which of us is writing truth and which is creative writing. You can express your opinions, but don't confuse repetition and attributing false claims to me for new information or thoughtful discourse. Once again I do not appreciate the personal invectives hurled my way. I have received more personal insults from you in this one exchange than from years of participation on several forums. I am a big boy and I can take it but i do not like it. You will not win any argument with me by being insulting, it just reflects poorly on your presentation. JR [/QUOTE]
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