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This guy made $40,000+ off my licensed design, now what?

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LAN_403

HV Enthusiast

Thu May 08 2014, 02:32PM

Registered Member #15 Joined: Thu Feb 02 2006, 01:11PM
Location:
Posts: 3068

This comes up quite a bit so i have to chime in.

I'm not familiar with the Kickstarter project, so i don't know all the details to say one way or another whether the two circuits are alike or similar.

But legally, you CANNOT copyright a schematic, parts llist, or even PCB artwork. The only type of design that can be copyright protected is artwork of a DIE that is used inside an integrated circuit chip or similar.

People put COPYRIGHT marks on schematics, PCBs, all the time, but they are absolutely meaningless. Your competitor can take your same schematic, same parts, and same PCB board and market it, and there is absolutely nothing you can do legally. (Assuming there isnt a patent infringement and even then thats a very gray area - just look at Apple and Samsung - its not very clear cut.)

Patrick

Thu May 08 2014, 04:22PM

Registered Member #2431 Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639

How many others will he steal from in the future? at least warn kickstarter.

Thomas W

Thu May 08 2014, 05:56PM

Registered Member #3324 Joined: Sun Oct 17 2010, 06:57PM
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Posts: 1276

Thing is, where does it stop. Its like....

If i design a DRSSTC circuit and a small teslacoil then try do a kickstarter and make money off it, likely there would, no matter what, end up with some similaritys with other schematics. if it went this way, I would have to pay money to Steve Ward, Steve Connors, Jimmy and all of the people who ive seen schmatics of that are very similar.

If i say added a resistor and a second diode to your circuit, then tried to sell it, would you chase me for money?

Equally someone could come up with a design that just happens to be the same. After all, there are only so many ways you can make somthing so small or so on.

Just my 2 cents.

Chip Fixes

Thu May 08 2014, 08:11PM

Registered Member #3781 Joined: Sat Mar 26 2011, 02:25AM
Location:
Posts: 701

Alright thanks for the replies, I haven't pursued the matter and I don't plan too. I didn't know what to do and was just going from instinct, so thanks for helping me see both sides.

radiotech

Thu May 08 2014, 08:55PM

Registered Member #2463 Joined: Wed Nov 11 2009, 03:49AM
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Posts: 1546

One thing is apparent. You suggested an improvement to prior art. Both you and he have cast that
into public domain.

However looking at the gadget would spark interest in those who may further improve it.

Conundrum

Fri May 09 2014, 06:36AM

Registered Member #96 Joined: Thu Feb 09 2006, 05:37PM
Location: CI, Earth
Posts: 4062

Interesting.
I have a few ideas here which are on paper, the problem is patenting is far too expensive with no clear application or advancement path.

Steve Conner

Fri May 09 2014, 09:43AM

Registered Member #30 Joined: Fri Feb 03 2006, 10:52AM
Location: Glasgow, Scotland
Posts: 6706

You published your original circuit under the Creative Commons BY-NC-SA license. Is the Kickstarter guy actually breaking the terms of this license? It sure looks like it, since the license says "no commercial use" but you say he copied your PCB layout exactly and sold it.

You could quite possibly get Kickstarter to remove his project. Getting them to give you any of the money might be a different matter.

I once had someone submit one of my musical Tesla coil videos to Break.com as their own work. They won video of the day and got $200 for it. I complained to Break.com and they took the money back and gave it to me. $38,946 is a little more money than that, but you might be lucky too.

Any of the circuits I've published are completely in the public domain. Anybody can use them for whatever purpose they like. I have other secret stuff too.

Chip Fixes

Fri May 09 2014, 04:07PM

Registered Member #3781 Joined: Sat Mar 26 2011, 02:25AM
Location:
Posts: 701

Yeah I let Kickstarter know but they said that since none of the copyrighted material was hosted on the Kickstarter site, they "cannot address the issue and it must be addressed directly with the project creator." Since everything he copied from me is in his Youtube videos, Kickstarter won't do anything.

Patrick

Fri May 09 2014, 04:37PM

Registered Member #2431 Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639

Chip Fixes wrote ...

Yeah I let Kickstarter know but they said that since none of the copyrighted material was hosted on the Kickstarter site, they "cannot address the issue and it must be addressed directly with the project creator." Since everything he copied from me is in his Youtube videos, Kickstarter won't do anything.

im just wondering if theres any way to burn his credibilty, to prevent his future use of kickstarter, or future theft from others. becuase without credibility, the crowdfunding he'll try wont work in the future.

HV Enthusiast

Sat May 10 2014, 01:50AM

Registered Member #15 Joined: Thu Feb 02 2006, 01:11PM
Location:
Posts: 3068

I did a quick search on Slayer Exciters and it seems almost everyone's schematic resembles the one you posted on the Instructables website.

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