Legal Status of Amiga Clones (past and present)

[orb85750]

Do you do agree that anyone may build such a device exactly according to a given schematic, provided that there is no patent granted (or pending) for the design?  

Would you tell me explicitly what you mean about the 'device' definition ambiguity?  

[gertsy]

Does this help:
Semiconductor and Chip Protection Act
"It has some aspects of copyright law, some aspects of patent law, and in some ways it is completely different from either."

"The owner of mask work rights may pursue an alleged infringer ("chip pirate") by bringing an action for mask work infringement in federal district court. The remedies available correspond generally to those of copyright law and patent law."

You're both right you see.

Then there is the unwritten law of "you steal my stuff and I break your nose". Or shoot you (legal in some states of the US apparently /just joking)

[modrobert]

alexh wrote:
If anyone was considering selling anything Amiga related do not rely on any posts on this forum (or any other) about legal issues. Consult an IP & copyright lawyer.

Yes, especially considering the fact laws differ between countries. The worst possible country to develop/sell clones from a legal point of view would be in USA.

[persia]

One also has to realise the threat of a lawsuit is enough. The Amiga market is extremely tiny, a lawsuit could easily consume any profit a company could hope to make.  The possible penalty outweighs the possible reward...

[Piru]

@orb85750

Do you do agree that anyone may build such a device exactly according to a given schematic, provided that there is no patent granted (or pending) for the design?

I don't. Assuming the design is not public domain, or that the design is not licensed properly, then it would be copyright infringement. This is how I see it: whether as printed schematic or as circuit board it's just representation of the same thing. Then again IANAL.

I guess it depends on if the hardware is deemed to contain "a program", written work in itself. Something like a ROM chip certainly does (the actual ROM content is included in the mask of the ROM). Empty (E)EPROM or flash chip doesn't.

[orb85750]

Fortunately, IANAL either!  Anyway, thanks for the thought-provoking discussion.  And thanks to gertsy for the useful wikipedia link.  Interesting that ICs are considered so unique in that they deserve a special law beyond patents and copyrights.  -Dave