electronic circuits can, and have been patented.. so, you can remove the "if".. as to copyrighting circuits, it's another story..
I didn't say circuits were unpatentable, but that almost all music gear circuits were, and that's the truth -- because they are virtually all derivative of previous circuits and therefore unpatentable and
therefore are
100% in the public domain.
I don't know the details about Aphex (who apparently actually does [or did] hold patents on technology that actually was original), but Behringer has claimed that they've never lost a case over circuitry, merely trade dress and dubious applications of copyright, not patent.
IMO, Behringer is capitalizing on minimal modification of existing circuits and production in China.. it would be one thing if they were producing a product that was simply cheaper.. but, they capitalize by using market confusion by styling their products to actually look like the product they are copying..
That's the specious "trade dress" issue, which is widely abused when there are no actual proprietary claims over the technology.
Nobody is "confused" by this: Look at the generic or store brand items in your supermarket that are right next to the "name brand" ones -- same color package, same graphic styling, etc. It's perfectly customary and routine in business. That, say, FMIC can try to claim the letters S, P, J and T as trade dress is more outrageous to me than anything Behringer has ever done.
My problem with the trade dress issue is that the customer is misled to think the Behringer product
is a true copy, the way the Safeway Ibuprofen is exactly the same as Advil, which -- contrary to the overwhelmingly prevalent popular delusion -- it is not. The Behringer circuit is
derivative, but not the
copy you hope you're getting, because Behringer changes the circuits and components to make them cheaper, not because they are under the slightest legal or moral obligation to do so as an issue of circuit ownership, because there isn't any such thing. The circuit belongs as much to me as it does to Ampeg. That's the INTENT of patent law, to serve the common weal and make evolving derivative or out-of-patent technology cheaper and more available to more people.
In short, I'm bugged not that Behringer makes 100% copies, but that they
don't. They should.
I'm also bugged that they do such a crappy job of building their stuff, but that's a separate issue.