Originally posted by 8Blades
I see where you're coming from but here's the problem when you start debating something like this:
When's the last time the descendants of Jim Bowie got paid royalties on a Bowie knife?
OK, before we get way off track with examples, let's set something straight. 1) Jim Bowie did not invent the Bowie Knife. It was made for him by James Black, his blacksmith friend. 2) No one really knows what the original looks like, so it's hard to do a study to see if it's a "clone." 3) Finally, there's a length of time before a patent expires, and then it's open season for everyone. That length of time has long past for Jim Bowie.
Originally posted by 8Blades
Where do you draw the line?
I draw the line at what is legally enforcable. In this case, the Emerson Patent infringement on the Wave. The design patent of the Emerson Kerambit. And since Ernie Emerson stills has patent protection, he can legally ask that the M-Tech kermabit not be allowed to be imported and sold. Pretty straight forward I think.
Originally posted by 8Blades
Am I bad person who condones stealing because I bought that $15 balisong instead of getting, say, a Benchmade? I don't think so.
And here's the crux of the problem. If you are willingly contributing to the success of "cloning" and if you are willing supportive by buying that clone, then you are making it that much more difficult for other to want to be innovative. If it's simply comes down to a matter of dollars, and you throw ethics out the window, why bother with the whole Patent process? If you follow your logic to the end, you've effectively argued for the end of Patent protection because it's meaningless, because you can't stop copying, because there will always be people that buy these clones, and because it's cheap. That's not what I believe in.
Originally posted by 8Blades
The fact is M Tech's cloned Emerson's design; but how come Emerson hasn't sued them? I think it's because Emerson isn't intimidated by an obvious wannabe.
Who says he isn't pursuing them. Have you asked Ernie about it? I know for a fact that there are legal proceeding being bought against M-Tech by Mike Turber. And if invited, Liong Mah (the designer of the cigar kerambit) and Rich Despina (the designer of the fixed kerambit), both of whom are well respected members of this forum (Ancientsul and RDT respectively, would glad join Mike in a Class Action suit. This last part is not conjecture, it's fact. Both Liong and Rich are friends of mine.
Originally posted by 8Blades
Maybe it's because of my vocational field... in education if you invent something like tracing paper geometry or touch point arithmetic or a new test format, you may get credit for inventing it but everyone is going to copy it because it's a good idea. I myself have developed several resources other teachers have copied but you don't see me complaining. Of course we're enriching minds and not manufacturing knives, so maybe it's not a perfect analogy.
You've touched on one of the reasons there's so much of a culture clash between the Western mindset and the Eastern mindset. Copying, or learning by rote, is considered the highest form of praise in Asian education. It's not here. But ideas, that can be patented, should be legally protected from copy so that the inventor can have a fair chance in reaping his rewards. Knife designs are afforded that level of protection.
Originally posted by 8Blades
All that said... I don't own any M Tech products and don't plan to. But if they don't do it someone else will. I'm trying to see the limited good in this I suppose.
As you cited above, there are some good benefits to having a lower cost option more readily available, but they should wait their turn if they wish to make an exact copy/clone. If not, they can copy portions of it, as long as no part that is copied is under copyright protection, while interjecting some of their own original ideas to come up with something different/but the same. The fact that they fail to even attempt to be original makes their cloning of a very good knife that much worse; makes my decision to never buy an M-Tech knife that much easier; and makes me want to educate as many knife lovers as possible.