4 ms·

Is this actually a patent infringement if they aren't selling the patented design? If I get some parts, maybe for my car, 3D printed and give them away is that

by s0rce 7y ago

Is this actually a patent infringement if they aren't selling the patented design? If I get some parts, maybe for my car, 3D printed and give them away is that illegal?

bigiain 7y ago
I don't know the proper legal answer to that, but you'd lose that argument in front of a judge if you gave away a locally printed copy of someone's music or writing. I wonder more about copyright here than patent infringement. I suspect Elon would lawyer-slam you pretty hard if you were 3d printing and giving away essential Tesla repair parts, no matter whether you were making money from it or not.
- sokoloff 7y ago
  There is an enormous non-OEM (“aftermarket”) parts market for automobiles. It’s a little over $300 billion (with a B) per year in parts and service. Elon can pound sand if someone wants to make a Tesla-compatible aftermarket fender or brake pads.
  - deleted 7y ago
    [deleted]
pvaldes 7y ago
Would fit in anticounterfeiting laws so, probably illegal, specially if the pieces aren't clearly marked as different from the original brand, and much more specially if they are designed for replacing the originals in public health purposes.
- 1996 7y ago
  I want to see which jury will convict them for counterfeiting!
  - pvaldes 7y ago
    As long as is in the law (countries may differ) any jury that would not desire to be sued by prevarication. All of them. Counterfeiting in clothes is one thing, counterfeiting in hospital matherial, when even perfect products can be accidentally contaminated with biological matherial and create lots of problems (or even kill people)... Well, this plays in a very different league. And cloning devices of course opens the door for other companies to crush the original maker flooding the market with cheaper products exactly when the maker rely on benefits to recover their money (after mass producing products). I assume [1] that there are laws also against this. [1] I'm not a lawyer and could be wrong. Your mileage may vary.
rhino369 7y ago
It's not really illegal in the "go to jail sense." But you can definitely be liable for patent infringement if you give it away, even if they aren't selling it. That said, there is no reason to assume a product is covered by a patent unless it's marked with the specific patent number (a patent marking on it's packaging counts too). It might be, but most products aren't. If you are an unknowing infringer (didn't know and had no reason to believe you infringed), your damages are limited (in the USA) to a "reasonable royalty." Basically, what a the parties would have hypothetically agreed to in a negotiation. That might be a few % of revenue or a small lump sum.

by s0rce 7y ago

Is this actually a patent infringement if they aren't selling the patented design? If I get some parts, maybe for my car, 3D printed and give them away is that illegal?

bigiain 7y ago

I don't know the proper legal answer to that, but you'd lose that argument in front of a judge if you gave away a locally printed copy of someone's music or writing. I wonder more about copyright here than patent infringement. I suspect Elon would lawyer-slam you pretty hard if you were 3d printing and giving away essential Tesla repair parts, no matter whether you were making money from it or not.

sokoloff 7y ago
There is an enormous non-OEM (“aftermarket”) parts market for automobiles. It’s a little over $300 billion (with a B) per year in parts and service. Elon can pound sand if someone wants to make a Tesla-compatible aftermarket fender or brake pads.
- deleted 7y ago
  [deleted]

pvaldes 7y ago

Would fit in anticounterfeiting laws so, probably illegal, specially if the pieces aren't clearly marked as different from the original brand, and much more specially if they are designed for replacing the originals in public health purposes.

1996 7y ago
I want to see which jury will convict them for counterfeiting!
- pvaldes 7y ago
  As long as is in the law (countries may differ) any jury that would not desire to be sued by prevarication. All of them. Counterfeiting in clothes is one thing, counterfeiting in hospital matherial, when even perfect products can be accidentally contaminated with biological matherial and create lots of problems (or even kill people)... Well, this plays in a very different league. And cloning devices of course opens the door for other companies to crush the original maker flooding the market with cheaper products exactly when the maker rely on benefits to recover their money (after mass producing products). I assume [1] that there are laws also against this. [1] I'm not a lawyer and could be wrong. Your mileage may vary.

rhino369 7y ago

It's not really illegal in the "go to jail sense." But you can definitely be liable for patent infringement if you give it away, even if they aren't selling it. That said, there is no reason to assume a product is covered by a patent unless it's marked with the specific patent number (a patent marking on it's packaging counts too). It might be, but most products aren't. If you are an unknowing infringer (didn't know and had no reason to believe you infringed), your damages are limited (in the USA) to a "reasonable royalty." Basically, what a the parties would have hypothetically agreed to in a negotiation. That might be a few % of revenue or a small lump sum.