Quote:
Originally Posted by
dgtunes
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That's interesting, so the problem is not they are making clones, but the clone they chose to make and the conditions, so it's ok for Behringer to continue to make clones, just not the Arturia one?
Cloning dead products is not the same ethically or legally as cloning current products.
Let's flip this on it's head ask the question, when is it OK to clone?
When the patent is expired or the tech is unpatentable, and when the trade-dress is already in violation and undefended.
Does the Keystep fit this? No, because it's trademark is active (trade dress is in use). None of us can speak to what Behr has done circuit wise, but if Arturia had patents concerning that and Behr cloned that as well it would be another layer of violation.
So a violation could be in patent, trademark, or both. So far trademark looks like the problem.
But to keep trademarks, they must be defended. Whether Arturia can afford to do this is another question.
On the flipside, this is why so many guitar clones and pedal clones exist. The technology patents are exhausted and trade dress long ago violated or left undefended.
Also with analog circuits its very hard to patent since it's considered reuse and not new tech. I think this is why Korg invented the NuTube, which is a new take on vacuum tube concepts. A NuTube circuit can be protected via IP, a vacuum tube one cannot.
Algorythms can be protected, but basic functions cannot, etc.