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Re: When does a better mouse trap turn distasteful carboncopy cloning?

First, let's look at what's legally protected and what isn't.

If the design isn't patented, it's not legally protected. If the design is novel, it could be legally protected. So, it would be fair to assume that the designer of the 47 Labs product knew that his/her design was not new; otherwise, he/she would have patented it. Put differently, under that theory, the 47 Labs product is, itself, a kind of clone. The marketing may be original; the packaging may be original; but the thing itself (as a circuit) is assumed not to be original if it's not patented.

The overall appearance of a product -- called "trade dress" is legally protected; and you don't have to register it or trademark it. So you can't make something that looks like a clone of another product. The owner of Silverline speakers apparently found this out the hard way when Avalon acoustics sued him for producing a loudspeaker that was very similiar in appearance to, IIRC, the Avalon Avatar. Subsequent version of the Silverline speaker do not have the faceted appearance of the Avatar.

So, I don't think it would be legal to build a "clone" (in terms of appearance) of the 47 Labs Gaincard, even though it would be legal to use the exact same circuit, parts, etc.

I fail to see the moral spin that some folks are putting on this. If someone can build essentially the same product as the 47 Labs Gaincard and sell it for less, why shouldn't they? And, if you think they shouldn't, then you must also believe it is immoral for major grocery chains to market sodium hypocholorite solution (i.e. liquid laundry bleach) in their own private label containers for less money than the Clorox Corporation sells the exact same product under the "Clorox" brand name!

I would think your interest, as a reviewer, is aligned with the consumer. If product "A" sounds as good as product "B" at 2/3's the price, you ought to say so. Competition is good, even though competitors fail. And, at the level of pricing you are discussing -- thousands of dollars -- I have a very hard time justifying the collection of an extra thousand or two for what may be a generic product.

I know some of your webzine colleagues (not referring to PF online or 6moons specifically) have other ideas and see themselves as cheerleaders for the audio industry -- that's why I never read their stuff. I can read the manufacturer's ad copy instead; at least I know where its coming from.

Finally, I have to say that Mr. Rochlin is completely wrong in suggesting that a reviewer could, without more, be liable for reviewing a product that infringes a patent, copies another product's trade dress, etc. He's also wrong in suggesting that you could copy the appearance or the content of his web site. Even if its not registered, that is protected by copyright and trademark law.

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