Question for the lawyers here about copying products

Seth

Registered
Elite Donor
Seasoned Supporter
Apr 5, 2014
3,732
8,726
303
NYC
Not seeking legal advice in any way at all but since we have a good number of lawyers here I thought I'd ask as this interests me on a number of levels.

Moog Music makes synthesizers such as this Minimoog:
Mini-up.jpg

That one's mine. They were originally made in the 1970s and they sold 14,000 of them (an astronomical number at the time). Moog got bought, went out of business, reformed, and in 2002 made a new, more modern version called the Minimoog Voyager. Then last year they essentially cloned the old version and are now making new Minimoogs that are identical to the old ones. Here's a new one (not mine):
Minimoog_Model_D_angle.jpg

Now along comes Behringer who just announced they'll be making a Minimoog clone because the design is 40+ years old and so therefore it's "open source" now and anyone can use it. Here's what theirs will look like:
behringer-d-minimoog-clone-wide-e1489077917214.jpg

It's not exactly the same because it's only about 4" x 19" (much smaller, maybe half the size) but they say the circuitry will be identical at about 1/8 the price. And also, Behringer is known for copying others' designs and selling them cheaper. It's what they do, just not ever before as blatantly as this where they're actually touting it as a feature. They're not just copying the look but also the actual circuits.

So, finally, my question: is this sort of thing allowed? Can they just make a copy of (admittedly 0ld) circuitry? Does the fact that the original Moog company no longer exists make any difference (even though the new Moog company was started by the same person)? While this "feels" wrong to me somehow I'm just wondering if it's just a normal thing that a business is allowed to do.
 
Probably fine. The 3 main ways to protect intellectual property are trademark, copyright and trade secret. If there was a patent it is long expired. I'm not sure if you can copyright circuit plans. You shouldn't be able to, but copyright is protecting all sorts of stuff it isn't meant for. If the Moog has firmware that can be copyrighted (and again that shouldn't work but it does). But it is unlikely anybody had thought to expand the scope of copyright to circuits or technology technology back that far. Trade secrets never die unless the secret is legitimately released or otherwise obtained, but they can't really apply to circuity I expect could be reverse engineered by a competent engineer just by opening the cabinet.
 
I think the look and feel of it (basically knobs and switches) is too generic to get any sort of legal protection. Now that Keith Emerson is dead, it's a free-for-all!