[simpits-tech] collimated display progress...

[Rick Davis]

>>
> The problem doesn't come up when you're making a one-off for yourself
> (even though there is no "fair use" for patents), but it gets really,
> really sticky when you publish plans for others to duplicate your work.
> While we might _technically_ be able to get away with it, all it would
> take is one overzealous jr. partner in a law firm that wants to make an
> example of us.
>
> g.
>

I totally get what you're saying Gene, but plans in themselves are not 
patentable. They are comprised of paper and ink, neither of which has any 
proprietary value. Now you are talking about copyrights. Patents in Canada 
and the USA are enforceable for 20 years. (Pharmaceuticals 25), A copyright 
on the other hand is good for the life of the author plus 50 years. (or the 
assignee in the case of a company ) And here is where the waters get murky. 
If you photocopied someone's plans, that would clearly be a copyright 
infringement, but (and here is where it gets creative) you could sit and 
convey to me over the phone all the dimensions down to the finest detail, 
and from that I could sit me down at my drafting table and draw a set of 
plans based upon that information. Who do you suppose is the copyright owner 
of my plans? Well, it is me. If you draw up a set of plans for something, 
when you have never even see the original plans, it can hardly be considered 
copying.

Obviously, having filled lawyers pockets with my money getting patents and 
copyrights over there years, I don't condone people trying to skirt around 
patent protection, however, I don't think what you are doing even enters the 
grey area. None of the materials you are using have any protection (plywood 
etc), so we are down to shapes. You cannot patent a shape, any more than you 
can patent a color or an idea.

A key example is a guy here who wanted to patent a fiberglass stop sign. 
It's a great idea. They don't rot or rust and they are not metal. But, the 
fiberglass is not patentable. It's been around for more than 50 years. And 
an Octagon is not patentable, nor is the word stop. So, you cutting plywood 
into shapes, which when assembled a certain way produce yet another shape, 
is still a shape. Doesn't matter if you fly it or throw your laundry in it.

Anyhoo, I find patent and copyright law very interesting. (I guess you can 
tell) :)

R