If I would take a Coherent LPM and modify it to sell as my
own I would have no doubt that Coherent would up my butt
in a heartbeat...
Jerry
Well, the obvious comparison here is to the LaserBee I that I'm selling... not hard to read between the lines.
I'm not claiming the hardware as something I made. I haven't rebranded it the "TrevorBee" or anything silly like that (I'm not even sure that would even be illegal). The only difference from a stock LaserBee I is the fact that it's running an improved firmware that is entirely of my own creation.
In fact, it's no different from selling a stock LaserBee I with the original firmware... and including, with the sale, a different microcontroller with Ellipsis on it. Two separate items. Had I done that, would you still be claiming that I modified the LaserBee and that I'm "selling it as my own?" You couldn't, but I suspect you'd still be complaining about the mere fact that Ellipsis exists.
If you did the same for a Coherent LPM, Coherent would
not go after you - they would probably just deny the buyer any warranty service (though they would probably still fix issues if you paid). They otherwise have no legal leg to stand on.
A few years ago, Apple got butthurt over a case very similar to this - jailbreaking. They took it to court, and lost. The court decided that once someone owns a device, they're free to do what they want with it. Apple is free to deny any warranty claims, but they can't claim
any sort of governance over devices that people purchased from them.
As far as I know, there are no patents on LaserBees (they don't meet the requirements to be awarded one). However, two parts of the LaserBee are protected under copyright law:
- The circuit layout. - the actual electrical function CANNOT be copyrighted.
- The actual bytecode contained in the microcontroller, which is impossible to extract anyway.
Those are both protected in the same way that a song or a painting is protected. If either of those were exactly duplicated, that would be a legal claim that you have that would give you ample reason to come after whoever did the duplication. For obvious reasons, I avoided both.
Now... just for the sake of argument, let's go through a list of things that you can modify and sell:
- A computer from Dell with new RAM installed. It's still a Dell computer, just upgraded.
- A Honda Civic with a new stereo, better transmission, and a new ECU. It's still a Honda Civic, just upgraded.
- A Fender electric guitar with different pickups installed. It's still a Fender guitar, just upgraded.
And what falls in the same category as those things on that list?
- LaserBee with non-stock firmware. It's still a Laserbee, just upgraded.
Jerry, if you're really that concerned about this, have your lawyer call me, write me an email, or send me a letter. I would be happy to respond to all of his inquiries. In fact, I've actually been waiting for correspondence from him since you originally "visited your lawyer" because I developed Peregrine.
Trevor