I don't really like anything that is made by CS, and I haven't seen the Proof videos, so I will not comment there.
However, I do object to the "weaponization" of one of the most useful tools that has been invented by man. I personally think that this "tacti-cool" fad is one of the worst developments in the knife world today. We, as knife enthusiasts (be you makers, collectors, martial arts practitioners, LEOs, military, etc) need nothing less than someone(s) attempt to make every pocket knife (rhetorically that is) into a deadly weapon. I think that CS is doing a great disservice to the knife community by making death and destruction a marketing tool. Thus endeth rant number one.
This turned out to be much longer that originally intended. If you are looking for unabashed CS bashing, or CS protectionism do yourself a favor and skip this post. I should also say that I am not a patent lawyer, I am a scientist, but I have had my share of dealings with patents and patent disputes. I invite any patent lawyers to correct errors in the details, but the crux of the discussion is sound.
About the "theft" of intellectual property that everyone seems to be so up in arms about.-- The founders of the United States felt so strongly about protecting intellectual property that they included the patent process in the constitution. In a nutshell, a patent is granted by the government for a unique and novel item or idea; and the holder of said patent is entitled to a limited monopoly on production and sale of the patented item (I believe that it is currently set at 20 years). However, with this granted monopoly, the holder of the patent discloses to the people of the United States the details of the patent. The patented invention is for all intents and purposes the property of the people of the United States. A patent is essentially a license to be the sole maker of whatever has been patented. Once the patent period has expired, the previously patented item is in the public domain, anyone can make and sell the item or idea.
If one has a patentable idea or invention, and does not patent it, then goes on to produce and sell it or discuss it in a public venue; once it has been discussed or offered for sale, that event is a disclosure to the public of the United States. And, by law, once a disclosure is made, you can not unmake it. You can argue that it was not made, or that the venue was private, but once you have given something to the people of the United States (the disclosure of your invention) you cannot take it back. Likewise, you cannot patent it. In fact, by making a public disclosure of your invention (and selling or offering for sale the item counts) you are telling the American public "here is my great idea, go forth and multiply." The patent process is set up to protect the intellectual property of creators, but the creator must take an active role in protecting the invention.
BY NOT PATENTING THE INVENTION, THE CREATOR IS ACTUALLY SAYING THAT IT IS OKAY TO COPY THE INVENTION. Likewise, once a patent is granted, it must be defended from infringement. If someone else makes a copy of your patented invention, you must stop that infringement. If you fail to take action to stop an infringement, it can be shown in a court of law that you failed in “due diligence” and thus effectively said that it was okay for the other entity to copy the patented invention. This will invalidate the patent. BY NOT SHOWING DUE DILIGENCE IN THE DEFENSE OF THE PATENT, THE PATENT HOLDER IS ACTUALLY SAYING THAT IT IS OKAY TO COPY THE PATENTED INVENTION.
This not the same as licensing a patented technology to another entity or entities to produce and sell. In this instance the patent holder has a contract with a certain entity and only the contracted entities are licensed to produce and/or sell.
Copyrights and trademarks work a bit differently, but the bottom line is the same. You must apply for a (patent, copyright, trademark) in order to get (patent, copyright, trademark) protection for your intellectual property. If you fail to get (patent, copyright, trademark) protection for your intellectual property and proceed to disclose that intellectual property to the people of the United States, you are GIVING to said people your invention. You are also saying that it is okay for anyone to copy your idea.
The case of the Barlow pattern knife.-- Assuming that it was patented at some point (which it most likely was not), that patent has long since expired and the Barlow has passed into the public domain and is therefore fair game for any knife manufacturer to make and sell.
The case of the Coke secret formula is a bit different. The “secret formula” is a trade secret. Trade secrets are not subject to any formal protection. They are only protected by the owners of the secret NOT disclosing the secret to anyone. As someone said earlier, if Pepsi had obtained the secret formula from Coca-Cola they would have gained little. However, they would have (most likely) been sued by Coca-Cola for industrial espionage. Trade secrets are subject to some of the same laws as the above mentioned protections. Namely, if you do not show due diligence in defense of your (trade secret, patent, trade mark, copyright), you no longer have a (trade secret, patent, trade mark, copyright). It is public knowledge, and therefore fair game.
There is one more case that I will share briefly. I was born and raised in Austin Texas. I went to college at the University of Texas at Austin, where I earned both a BS and a Ph.D. in biochemistry. While I was a graduate student, a restaurant opened in Austin called Bevos. If you do not know, the mascot of the University of Texas is named Bevo. This is a trade-marked name. While the restaurant argued that it was named Bevos because it was an Italian restaurant, and Bevos means drinks in Italian, UT sued and successfully shut down the establishment. One could argue that only a cruel and heartless institution could go after a mom and pop restaurant for something as trivial as trademark infringement. However, in order to maintain due diligence in the defense of the trademark, they (UT) were forced to act. If they had let the one instance go, it could be argued that they had in fact allowed the restaurant to infringe. This would have invalidated the trademark, and anyone could have used the name Bevo for anything. For the record, pretty much every university has a large and active licensing department, that is flooded every day with requests to license whatever to someone for something.
The short of this very long discussion is, so long as CS has not infringed on a LEGALLY PROTECTED intellectual property, they have not infringed. In fact their “copying” is sanctioned by patent law and by the originator of the invention (by not securing protection).
On last thing, competition drives invention. If I think that I can make it cheaper and/or better than you and copy your unprotected idea, then that forces you to either drive cost down, or improve quality or both. Some people think that patents actually stifle competition, but that is not true. Many an invention was created in order to circumvent a patented technology. Again, competition drives invention. Thus endeth rant number two.