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Darrell,
I offered my views on this issue, with references. [1] I did not
specifically defend the practice and I don't have a final answer either. My
conclusion is that Lego construe their proprietary rights to be much broader
than patent law provides for. Nobody's coming forward to play plaintiff, so,
absent your own personal entanglement with lawyers, you can only extrapolate
from the public record.
Richard is certainly wrong to invoke the public domain. He does not
recognize the trademark issue (for one) that is probably going to get Lego
an appeal in Canada. I think Richard also protests too loudly. What's he
hiding, a part factory?
Lego have used every form of intellectual property protection. This
protection is strong in the case of complex elements such as minifig hats
and tools which are covered by design patent. (The question for the
pitchfork element would be what is the patent term?) Moreover they have
asserted copyright over many elements; it's not clear at all to me what that
does or for how long.
Lego may be losing the case over 2x4 bricks and mechanical compatibility
with long-expired utility patents, but they received judgment in their favor
in France over the minifig. Probably they still have protection in law there
(beyond the design patent term.)
-
Stereolithography, I'm not persuaded will be relevant here. It's not too
simple. Appropriate for prototypes, but not production. It's also cheap to
go directly to prototype injection molding.
Finally, I ask why? Some may see Bram's effort as homage. Another motive for
related efforts might be frustration combined with opportunity. But how much
better to create something original?
-Erik
[1] http://news.lugnet.com/market/buy-sell-trade/?n=14056
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Message has 2 Replies:
 | | Re: Solid Aluminum 2x4 Bricks!
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| (...) I think this whole discussion hits hard upon a public interest issue -- works that may or not be in the public domain depending on what laws one follows (and as highlighted by the case of Eldred V. Ashcroft). (URL) you can go here: (URL) and (...) (22 years ago, 11-Jun-02, to lugnet.market.buy-sell-trade)
| | | Re: Solid Aluminum 2x4 Bricks!
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| (...) But this question is undermined by the venue in which it is asked. If originality is the bottom line, why would anyone create anything in the vein of Blacktron or Classic Space or Ice Planet or the like? The whole point is that originality (...) (22 years ago, 11-Jun-02, to lugnet.market.buy-sell-trade)
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Message is in Reply To:
| | Re: Solid Aluminum 2x4 Bricks!
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| (...) Well, I was looking for more information important to makers of custom lego parts. I wanted to know where the "line" was - at what point TLC would come after someone. (I may not have used clear enough language in earlier posts). I was focusing (...) (22 years ago, 10-Jun-02, to lugnet.market.buy-sell-trade)
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