Nope, never claimed any such title just made a comment based on personal perspective, kind of like you're doing.
If it's his own personal user that he paid for and decided to modify, who is to say how far he can go with said mods and how he can eventually dispose of it?
First, I offered no "opinion". I asked questions out loud, but did NOT say it was legally sound to follow.
Second, IP law is very difficult, but what you're saying sounds like pretty clear infringement, so I was calling you out for what sounded like literally calling for unambiguous lawbreaking.
Mr. Emerson is "Money Grubbing" because he feels that he should be compensated legally for the usage right of property he legally owns, but others feel they have the "right" to use for free without asking permission first ( not 5 yrs after the fact)?
Did Mr. Emerson offer CM a chance to continue modding with a royalty payment, or did he tell CM it wasn't cool under any circumstance? Both are legal, and Mr. Emerson has every right to do as he pleases with his IP. However, I didn't jump into this thread cheering because while I respect Mr. Emerson, his past, his knives, his designs, and the rest, I'm not personally a fan of IP being used to shut down people who use it- maybe channel it or make them pay a royalty, but I like the idea of continued innovation.
The modification of ones own property isn't the issue, but rather the fact that items are sold using a feature that the individual has no permission to use at all and that becomes a selling point for the item....then the fact that the wave feature was being used, without permission or any type of consent and sold all over this forum and elsewhere, as a modification to knives it was never meant be on.
I highly doubt any of you would consent to another person using your property for their own gain without permission.
The quality of Emersons product isn't the issue here. Its nothing more than deflection.
The issue is whether or not individuals have the right to use a patented and trademarked feature as their own without permission or prior approval.
The law says " No"
Right- and some of the issue may be that Mr. Emerson has NO price for the royalty to pay to him- he simply doesn't want anyone to modify any knives for sale with a wave feature.
As I said above, that's totally legal under his patent, and I don't argue it isn't legal. However, I DO argue it isn't in the consumer's interest.
Also:
There's no "fair use" provision in patent law. Making/using someone else's patented invention, even for personal use, still constitutes infringement of the patent.
That's not entirely accurate.
Oh, please show me a link! There's an exemption for testing, but please, point out the personal use exemption.
Zero