Minor rant RE:Clones

[Jsaults]

No, not CLOWNS.

Years ago I was in the outdoor retailing business, and I have an appreciation for those entrepenuers who have started companies to build what they consider to be the best gear designs. Being an independant business person is a tough row to hoe, and I salute you all!

And I have a great deal of respect for DIY'ers as well. Heck, I am one of them. LOVE to fiddle with gear, make gear, fantasize about improving gear......A great way to stroke my creative side.

Now, maybe I am being too sensitive (PC?) but I cringe when I see a post by a DIY'er saying that he/she "built a Hennessey/Warbonnet/Claytor/Brand XYZ hammock."

Would it not be kinder to those business' to say that "I built a (fill in the blank) CLONE? I am sure that the manufacturers appreciate the flattery via imitation, although I wonder how much a lost sale stings. Maybe I am being too critical. Oh, well. Just my $0.02.

Jim

[NCPatrick]

You could say that your gear was "inspired by" instead of "cloned" from.

[G.L.P.]

for me i don't see a problem with makeing a Clone
my reason for this is ...all the gear i ever cloned i had the original at some point in time...so they still made money off me

now i can see if someone was to clone a peice of gear and sell it to make money...thats not cool in my book

[angrysparrow]

for me i don't see a problem with makeing a Clone

I don't think he was saying you shouldn't make a DIY clone of something...only that you should indeed call it a clone, rather than referring to it as the genuine article.

I agree with that. Cloning gear is a form of flattery, as long as it is for your own use and not for sale. But (as an example only) you should say you made 'A DIY HH Clone' rather than 'I made a HH'.

[RePete]

I do think many here do refer to what they make as a clone or in some cases change the name in some way to reflect that it isnt the original but you can still figure out what the original is. Gargoyle is an example of that. He calls his hammock the Goylebird or Blackgoyle or something like that. You can figure out who he is cloning and and the fact that he made it himself. I dont think all makers mind if you clone. Opie is an example of someone who posted instructions on pretty much everything he made. His instructions are part of how I learned to make my own whoopie slings. I think as long as you are giving credit to the person you are cloning and as AS said you are not selling someone elses design then it is ok.

[G.L.P.]

I don't think he was saying you shouldn't make a DIY clone of something...only that you should indeed call it a clone, rather than referring to it as the genuine article.

I agree with that. Cloning gear is a form of flattery, as long as it is for your own use and not for sale. But (as an example only) you should say you made 'A DIY HH Clone' rather than 'I made a HH'.

Ahhhh got it LOL....don't mine me ...i'm alittle loopy today

[TiredFeet]

Well using the term "clone" will depend on the hammock you are cloning. Some manufacturers have patented their designs and are known to be vigorous in defending their patents which is their right and, actually, their duty too.

Now by admitting that you "cloned" their design, you are opening yourself to a patent lawsuit. The probability of a lawsuit is exceedingly small, since the return on investment may be exceedingly small. I say "may be" since it depends on the number of people "cloning" the patented design. If the patent holder decides that they are "losing" too many sales because too many DIYers are "cloning" the patented design, then it may become profitable to sue and start demanding payment from DIYers.

And yes, even though you are "cloning" only for your own use, the patent holder can still sue since it is illegal to even "use" something that is patented without the patent holders permission. Read the patent law. It specifically states "use" as one of the activities that is forbidden. I'm no lawyer, but the passage is short and the language is straightforward.

Just looked up the pertinent section: ( not a full quote, only the first 2 paragraphs)

US Code Title 35, Part III, Chapter 28, § 271

(a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.
(b) Whoever actively induces infringement of a patent shall be liable as an infringer.

[Dutch]

Proud cloner here.

[TiredFeet]

Okay - I really, really do not want to start a war of words on patents.

But I do not think that Hammock Forums, any member or anybody can claim the high moral and ethical ground and openly induce patent infringement in any manner or form or claim to have infringed a patent.

Just my $0.02

I'm not claiming that any have and hope that none do.

[G.L.P.]

Ok......i think this thread is starting to get alittle off track