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You cannot copyright circuit designs in the US. Those fall under a separate sui generis rights regime for "maskwork" that has a far shorter lifespan than creati
by kmeisthax 6y ago
You cannot copyright circuit designs in the US. Those fall under a separate sui generis rights regime for "maskwork" that has a far shorter lifespan than creative works do - about 10 years. (God, I wish software had followed this path, instead of the bodge job that "just copyright software" got us.) Patents might be an issue, but those expire after 20 years in the US. It's almost certain that no unexpired patents or mask work rights cover these old PCB or chip designs.
In order to actually make a copyright claim on a reproduction PCB, you have to argue that the PCB reproduces a copyrighted work, such as the contents of a Mask ROM. However, if you can avoid needing to reproduce those ROMs, then you're free and clear of copyright issues. For example, you could just provide a ROM chip socket matching the original board, or ship a flash chip with a workalike ROM (if that is an option by the time SCOTUS decides Oracle v. Google).
The only avenues left would be trademark or trade secret protection. Apple loves sticking their logo all over replacement iPhone parts, and for whatever reason Chinese clone part manufacturers continue doing so. The Shenzhen markets like that, even though foreign part importers beg them to stop doing that. Presumably, however, anyone cloning an SE/30 board in the US would know to not stick Apple logos on the thing. Trade secret protection claims would also be rather spurious as the machine in question is very public, you didn't sign an agreement to keep the machine's design confidential, and reverse engineering is legally protected within the guidelines I stated above.
- varispeed 6y agoThank you