JH,
I don't think so......Look at this thread
http://www.diyaudio.com/forums/showthread.php?s=&threadid=31010&highlight=
I don't think so......Look at this thread
http://www.diyaudio.com/forums/showthread.php?s=&threadid=31010&highlight=
jh6you said:
This is clearly an infringement of international patent property.
As the Aleph current source is protected by international
patents the selling and advertising of amplifiers using this
protected circuit is illegal and therefore a crime.
Not to be misunderstood, but this kind of patent piratry is very
typical for far east (Chinese) companies.
Uli
It is not my intention at all to defend anyone or endorse any products from DIY Zone. And I am sure there are some patent lawyers out there who could correct me if I am wrong.
But with my limited understanding of patent law, both in the US and world wide, (I have only some 40 patents to my name) a patent has only effect in the country of application, unless one is prepared to apply worldwide. Even then the so-called WO patents do not include mainland China and Taiwan, and one should apply for those countries one year after application in the US separately if protection is wanted.
As far as my search could find, Mr. Pass has 6 patents, 3 under Threshold and 3 Pass Lab. ALL 6 are applied for and granted in the US only. That means that products using these patents that are manufactured, sold or being used in the US infringe those patents. Not applicable in the rest of the world, unfortunately.
Patrick
But with my limited understanding of patent law, both in the US and world wide, (I have only some 40 patents to my name) a patent has only effect in the country of application, unless one is prepared to apply worldwide. Even then the so-called WO patents do not include mainland China and Taiwan, and one should apply for those countries one year after application in the US separately if protection is wanted.
As far as my search could find, Mr. Pass has 6 patents, 3 under Threshold and 3 Pass Lab. ALL 6 are applied for and granted in the US only. That means that products using these patents that are manufactured, sold or being used in the US infringe those patents. Not applicable in the rest of the world, unfortunately.
Patrick
Patrick correctly states the basics of intellectual property law. It is country by country at the moment. I am not a patent lawyer, just a regular one who took some IP classes.
While patent infringement charges would probably be a tough go, Mr. Pass may have more success on the trademark front. In some countries you can obtain trademark rights by using the mark even if it is not registered. Registration helps, but is not necessarily required. He could request that customs sieze any product sold as an Aleph kit, and a decent case could be made that DZ is doing business in the US because of the website. He might be able to require DZ block access to their site from any country where he holds a trademark.
Of course, none of this will come cheaply and, sadly, it may make more financial sense to let it go. We can help by not buying from the (string of expletives deleted) DZ site and encouraging others to avoid the same. It is not just Pass IP they steal.
While patent infringement charges would probably be a tough go, Mr. Pass may have more success on the trademark front. In some countries you can obtain trademark rights by using the mark even if it is not registered. Registration helps, but is not necessarily required. He could request that customs sieze any product sold as an Aleph kit, and a decent case could be made that DZ is doing business in the US because of the website. He might be able to require DZ block access to their site from any country where he holds a trademark.
Of course, none of this will come cheaply and, sadly, it may make more financial sense to let it go. We can help by not buying from the (string of expletives deleted) DZ site and encouraging others to avoid the same. It is not just Pass IP they steal.
dggs said:
I wouldn't. I have no interest in building a kit.
I think there is a huge difference between the group buy and selling a kit. Kits are for those who just want to get a knock-off version of the product that is apparently just like the original, for less money. The group buys generally are for just something like a board. Those who use them often do lots of experimenting with variations of components, mechanical design, power supply design, and so on. Those who create them learn about board layout.
I believe that Nelson Pass loves designing power amps and also gets satisfaction out of seeing others learn what he loves so much. So he is willing to allow us to produce some boards and share them among the members here if we use them to experiment with amplifier design. But building kits... Hmmm. I don't get it.
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