From: utzoo!henry
Newsgroups: net.audio
Title: Re: Interesting Patents, etc. 
Article-I.D.: utzoo.2933
Posted: Wed Apr 27 17:24:55 1983
Received: Wed Apr 27 17:24:55 1983


Jerry Leichter's comments on patent law are not, I think, entirely
accurate.  Consult a lawyer if you want to be sure, but my understanding
is that a patent theoretically covers ALL USE of the invention.  No, it
is NOT ok to build one yourself for private use without permission;  you
can (theoretically) get sued for patent infringement.  It is true that
copies of patents are available for a nominal fee from the patent office,
but this is intended as a way of disseminating knowledge and encouraging
people to invent further.  You still (theoretically) need the patent-
holder's approval to USE that information.  This is why things like
mail-order plans for patented ideas include language about how buying
the plans also licenses you to build one copy (or whatever).

The intent of patent law is to encourage invention, and public disclosure
of the principles of inventions, by giving inventors very strong control
over their inventions for a limited period.  The idea is that they get
a chance to make a profit on the new widget unhampered by ripoff artists,
in return for making the technical details public at once and accepting
a limit on the duration of their protection against competition.  Until
that limit runs out, however, they (theoretically) have near-absolute
control over what can be done with their invention.  In practice it's
not that simple, and nobody in his right mind is going to bother suing
you over something relatively cheap that you build for your own use,
but you are still legally in the wrong.

As for what can be done with the Carver box once you buy it, that's a
bit trickier.  Does selling it to you imply licensing you to use it for
your own private consumption?  Almost certainly.  Does it imply that
it's ok to use it for commercial purposes?  Much more doubtful; this
is prime lawsuit territory, and should be avoided unless your legal
and financial resources are ample.  Maybe Carver can't enforce such
a restriction without a formal contract being signed, but determining
this could get very expensive.

					Henry Spencer
					U of Toronto