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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: 115969" data-attributes="member: 126"><p>Re: New Midas M32 Console</p><p></p><p></p><p></p><p>At the risk of getting all philosophical about the patent system, and it is currently a little fluid thanks to multiple pending supreme court cases, with recent, and proposed new legislation in congress. To say the patent system is imperfect would be an understatement. </p><p></p><p>While the companies in the music industry are not on the same level as large consumer or technology industries, the patent system is asymmetrical regarding the cost and degree of difficulty to get a patent issued, vs the cost and difficulty to prosecute that patent in court. To wit a patent may cost as little as $10k to get issued, and millions of dollars to defend in court. </p><p></p><p>The more cost effective and practical approach used by many major companies is to A) amass a portfolio of patents that can be horse-traded back and forth with other companies to avoid playing multi-million dollar black jack in court. And B) to not knowingly infringe on other company's IP since that can trigger treble damages, on top of the seriously expensive litigation. A very recent trend is for large companies to partner up with each other against a new common enemy (patent trolls). Google, Samsung, and Cisco make unexpected bed fellows to partner up with their IP but that is the new playing field out there, when patent trolls even challenge deep pockets major players. </p><p></p><p>I can not speak from first hand experience about other companies. My personal experience at Peavey was consistent with accumulating a war chest of patents (while I don't recall any serious horse trading). I do not know the current count but Peavey has something more than 100 patents. Once in connection with a new product design I worked with a patent law firm to secure a written legal opinion regarding potential interference with another company's IP before our product was even started. This is called "due diligence" and proves that there was no known infringement. Lawyers are always cheaper to use before hand, than later after something blows up. </p><p></p><p>I do not understand all the legal back and forth between Peavey and Behringer since i left. I suspect only the sundry lawyers involved are profiting from this. </p><p></p><p>I could write a lot more about the patent system in general but I do not think that is really the primary interest of this thread, which is actually a veer that refuses to die. Maybe the thread should be titled "brand management and ancient history". Die veer die.</p><p></p><p>JR</p></blockquote><p></p>
[QUOTE="John Roberts, post: 115969, member: 126"] Re: New Midas M32 Console At the risk of getting all philosophical about the patent system, and it is currently a little fluid thanks to multiple pending supreme court cases, with recent, and proposed new legislation in congress. To say the patent system is imperfect would be an understatement. While the companies in the music industry are not on the same level as large consumer or technology industries, the patent system is asymmetrical regarding the cost and degree of difficulty to get a patent issued, vs the cost and difficulty to prosecute that patent in court. To wit a patent may cost as little as $10k to get issued, and millions of dollars to defend in court. The more cost effective and practical approach used by many major companies is to A) amass a portfolio of patents that can be horse-traded back and forth with other companies to avoid playing multi-million dollar black jack in court. And B) to not knowingly infringe on other company's IP since that can trigger treble damages, on top of the seriously expensive litigation. A very recent trend is for large companies to partner up with each other against a new common enemy (patent trolls). Google, Samsung, and Cisco make unexpected bed fellows to partner up with their IP but that is the new playing field out there, when patent trolls even challenge deep pockets major players. I can not speak from first hand experience about other companies. My personal experience at Peavey was consistent with accumulating a war chest of patents (while I don't recall any serious horse trading). I do not know the current count but Peavey has something more than 100 patents. Once in connection with a new product design I worked with a patent law firm to secure a written legal opinion regarding potential interference with another company's IP before our product was even started. This is called "due diligence" and proves that there was no known infringement. Lawyers are always cheaper to use before hand, than later after something blows up. I do not understand all the legal back and forth between Peavey and Behringer since i left. I suspect only the sundry lawyers involved are profiting from this. I could write a lot more about the patent system in general but I do not think that is really the primary interest of this thread, which is actually a veer that refuses to die. Maybe the thread should be titled "brand management and ancient history". Die veer die. JR [/QUOTE]
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