Resell Laws

[TheDriver41]

What laws or restrictions apply when building a product with other manufactured products?

For example, a driver, cd transport, IC, etc,

Also would it be legal to use a common schematics or kits like Brian’s in a product for resell?

A designer and I are throwing around the idea of creating a speaker, amp, and preamp line. What legal issues need to be addressed?

Thanks,
Matt

[sek]

I'd say you need to either own the intellectual property rights or have been granted privilleges (i.e. a licence) to use other's property. And that still doesn't consider patent rights. A licence would be required for every single design part that you copy.

That doesn't mean this license could not be granted already, e.g. by non-DIY manufacturers. If in doubt, why not contact the IP holder or reseller...

OTOH, is it so difficult to come up with own developments in this department?

Sebastian.

P.S.: And the details could of course be country-specific, too.

[TheDriver41]

Originally posted by sek
I'd say you need to either own the intellectual property rights or have been granted privilleges (i.e. a licence) to use other's property. And that still doesn't consider patent rights. A licence would be required for every single design part that you copy.

That doesn't mean this license could not be granted already, e.g. by non-DIY manufacturers. If in doubt, why not contact the IP holder or reseller...

OTOH, is it so difficult to come up with own developments in this department?

Sebastian.

P.S.: And the details could of course be country-specific, too.

I'm not looking to "copy” anyone’s design. But used already made components. Like drivers, ic, feet, etc. I don't see why I would need any permission to use them.

For example with brains kit, does he need to have permission from the manufacture of the ic, resistors, caps, or his distributor, Digikey?

[till]

usually parts like ICs, feets, knops, whatever, are sold because someone should build electronical devices like amp with them an sell to customers. As lond as you did not accept an agreement with the seller you are not allowed to resell - you are allowed to resell them. Brian does not need any permission to resell those devices, and i doubt you need one from Brian.

[sek]

Well, my point was: if you e.g. want to use Brian's Boards, you'd need Brian's OK. If you just buy parts to make working devices out of them, then you do what every manufacturer does...

No commercial manufacturer needs permission to use parts one can readily buy. But as you mentioned Brian's kits, I remember him stating that they are not for commercial use. And so could be other stuff you come across.

Regarding schematics, those can usually be used and adopted. Only the reprint or the direct use of printed circuit boards for commercial purposes without permission can be a violation of IP rights. And, as I said, patent laws also apply (e.g. in certain amplifier topologies, etc.).

The bottom line is: You can do what you want with what you get, as long as the IP holder doesn't refuse to allow it. So if in doubt, just check with the 'inventor'.

Sebastian.

[BrianGT]

Originally posted by TheDriver41
For example with brains kit, does he need to have permission from the manufacture of the ic, resistors, caps, or his distributor, Digikey?

no such permission is required.

Originally posted by sek
Well, my point was: if you e.g. want to use Brian's Boards, you'd need Brian's OK. If you just buy parts to make working devices out of them, then you do what every manufacturer does...

No commercial manufacturer needs permission to use parts one can readily buy. But as you mentioned Brian's kits, I remember him stating that they are not for commercial use. And so could be other stuff you come across.

There is no patented content in the kits that I sell. There is nothing stopping you from assembling the parts together and selling as a commercial product.

I had stated that the previous Aleph boards from the group buys were non intended for commercial use, since they are based on Nelson's patents. He was nice enough to allow the non-commercial use of them.

--
Brian

[TheDriver41]

I'll just do my own schematic but, how can I make sure no one else has already done the same?

Also how would I patent my design?

How much variance is needed to be considered unique?

[till]

Also how would I patent my design?

i fear you can´t patent your design, unless there is something really new on it.

[janneman]

Originally posted by TheDriver41
[snip]Also how would I patent my design?[snip]

Usually there are three questions:

- it must be new and unique;
- it must have value, it must do something better than has been done before;
- it must not be obvious for someone in the field.

Jan Didden