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-How many added features no longer make it a clone, but something new and different?
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-Frank
Apparently the added features must constitute 81% of the device before it gets no-longer clone status.
This number-percentage has been unanimously agreed upon universally by every manufacturer from all industries from every jurisdiction (note I did not say "country") around the globe.
You're a manufacturer, didn't you get the memo?
sounds like ya got it. and just replace "gibson" with "you name it".
I think you missed the part about the fact that Gibson LOST in court, and the inference that a 20% ultimatum may be cause for some hypocrisy and painting oneself into a corner.
I think the courts are a little more learned than either of us on the legalities of cloning. (maybe not, I don't know what you do for a living). The circuits, as I understand it, are not eligible for copyright whereas their expression is. A circuit is an abstract idea, which can't be legally protected (I didn't evolve the laws, that's just the way it is, or the way I've been told it is). However, take that idea, wrap it up in a pretty box and give that pretty box a pretty name and it is pretty well protected — the box graphics and name.
Hum a melody, one that you thought up, in public (or don't) and if that same melody appears on the top 40 by an artist other than yourself, can you sue them for theft of IP? No, but had you wrote the tune down, had it published on paper or recorded it and registered it... So the idea cannot be copyrighted, but its execution can.
This is how it works, to the best of my knowledge. I'll have to look into this more.
I'll get my wife to explain it to me, she's an IP lawyer.