4 ms·

>How does a manufacturer have the right to sue for copyright infringement when it's just end users reselling authentic parts? I'm not sure this is an accurate

>How does a manufacturer have the right to sue for copyright infringement when it's just end users reselling authentic parts? I'm not sure this is an accurate representation of Apple's case. First, it seems like they are suing for trademark infringement, not for copyright infringement. Second, the repair shop owner is by no stretch of the imagination the end user of this product. Wikipedia gives this definition of end user: "In product development, an end user (sometimes end-user)[a] is a person who ultimately uses or is intended to ultimately use a product.[1][2][3] The end user stands in contrast to users who support or maintain the product,[4] such as sysops, system administrators, database administrators,[5] information technology experts, software professionals and computer technicians." As for "no way markets them as OEM parts," this is not a very consumer-focussed answer. I think a reasonable step that this guy should have to take is to explicitly state, "I am not an authorized Apple repair technician and these parts are not guaranteed to be genuine Apple parts. They do not bear an Apple warranty and are not eligible for support by Authorized Apple Technicians." Otherwise, from Apple's perspective, this repair shop owner is just taking advantage of Apple's reputation for quality and using it to make cut-rate repairs.

mattsfrey 9y ago
First two points - semantics. The point is that once the physical product was sold, consumers have the right to do whatever the hell they like with it, including sell it. As to your latter statements, opinions will vary on this, but I believe it is well known that this guy's shop is not official / authorized by apple. People coming to this guy's shop are doing so to specifically avoid the drastically higher costs of seeking an authorized repair / replacement from apple. It'd be much easier to just mail it to apple, so I think there is an implied cognizance in seeking his services as an alternative. So I personally think as long as he is honest about not being an official apple repair shop, doesn't brandish their logos or in any way affirmatively hijack their brand, he should be safe from penalty of law.
alasdair_ 9y ago
> I think a reasonable step that this guy should have to take is to explicitly state, "I am not an authorized Apple repair technician and these parts are not guaranteed to be genuine Apple parts. They do not bear an Apple warranty and are not eligible for support by Authorized Apple Technicians." Okay. So my mechanic needs to state that for every single manufacturer of every single component that he may potentially use to fix my car, right down to the level of individual capacitors on individual circuitboards, he is not an authorized technician for that item? That seems unduly onerous.
- lloeki 9y ago
  I certainly expect my mechanic to tell me he’s going to install non stock/genuine parts beforehand if some happen to need replacement. "Hey, your brake discs/tranny/whatevs is dead, let me swap that for some (possibly non spec-compliant) third-party part! You'll save xx bucks! (and hopefully it won't break down in YY000km at the most critical moment, nor fuck up the whole thing because they're not properly balanced or whatever! but shhhh I'd rather not tell you that)"
  - mattsfrey 9y ago
    I can't think of a single time a mechanic or shop has given any details about the manufacturer of a part, just "do you want the expensive shit or the cheap shit". Of course in the auto parts world virtually everything is aftermarket not OEM and there isn't a monopolistic manufacturer trying to enforce their bullshit on repair shops.

mattsfrey 9y ago

First two points - semantics. The point is that once the physical product was sold, consumers have the right to do whatever the hell they like with it, including sell it. As to your latter statements, opinions will vary on this, but I believe it is well known that this guy's shop is not official / authorized by apple. People coming to this guy's shop are doing so to specifically avoid the drastically higher costs of seeking an authorized repair / replacement from apple. It'd be much easier to just mail it to apple, so I think there is an implied cognizance in seeking his services as an alternative. So I personally think as long as he is honest about not being an official apple repair shop, doesn't brandish their logos or in any way affirmatively hijack their brand, he should be safe from penalty of law.

alasdair_ 9y ago

> I think a reasonable step that this guy should have to take is to explicitly state, "I am not an authorized Apple repair technician and these parts are not guaranteed to be genuine Apple parts. They do not bear an Apple warranty and are not eligible for support by Authorized Apple Technicians." Okay. So my mechanic needs to state that for every single manufacturer of every single component that he may potentially use to fix my car, right down to the level of individual capacitors on individual circuitboards, he is not an authorized technician for that item? That seems unduly onerous.

lloeki 9y ago
I certainly expect my mechanic to tell me he’s going to install non stock/genuine parts beforehand if some happen to need replacement. "Hey, your brake discs/tranny/whatevs is dead, let me swap that for some (possibly non spec-compliant) third-party part! You'll save xx bucks! (and hopefully it won't break down in YY000km at the most critical moment, nor fuck up the whole thing because they're not properly balanced or whatever! but shhhh I'd rather not tell you that)"
- mattsfrey 9y ago
  I can't think of a single time a mechanic or shop has given any details about the manufacturer of a part, just "do you want the expensive shit or the cheap shit". Of course in the auto parts world virtually everything is aftermarket not OEM and there isn't a monopolistic manufacturer trying to enforce their bullshit on repair shops.