[Paddlewise] Boat copying verses patents verses morality

Many opinions and some fact follow:



If a design feature of a kayak is truly distinctive and functional, it
should be patentable. If it is patented, it is protected (in the countries
were patented). That system seems to basically work in other industries so
why not the kayak industry?



This has the added benefit of allowing the designer to specify what it is
about his boat that is his - that is - provided someone else hasn't already
patented the same feature and that the idea is not already in public domain.



If a design has already been in the public domain without a patent, it
cannot be protected.



For example: I would guess that the hard chine stern, rounded hull bow, and
integral skeg of the Mariner boats would have been patentable when invented.
It is quite distinctive and functional. I think the only reason more
companies haven't copied it is that it lends itself best for use by skilled
kayakers who can edge their boats, etc. That narrows the market and it seems
that most manufacturers are trying to widen their products appeal.



Matt: Did you patent it? If not, my limited understanding is that you are
relying on the good will of others to protect your work.



Is copying a boat design "moral"? Webster says:

1   relating to, dealing with, or capable of making the distinction between
right and wrong in conduct

2   relating to, serving to teach, or in accordance with the principles of
right and wrong

3   good or right in conduct or character; sometimes, specif., virtuous in
sexual conduct

4   designating support, etc. that involves approval and sympathy without
action

5   being virtually such because of its effect on thoughts, attitudes, etc.,
or because of its general results !a moral victory"

6   based on strong probability !a moral certainty"

7   based on the principle of right conduct rather than legality !a moral
obligation"

8   Law based on general observation of people, on analogy, etc. rather than
on what is demonstrable !moral evidence"



Of course, I "copied" that text.



The argument against copying unpatented work would seem to revolve around
definition #7. Even then, however, there must be a "principle" of what is
right. Principles of conduct come from "rules". I would say, what are the
rules in the kayak industry? In my industry, copying is the norm, as is
adding value of your own. If you want to protect your work you have to
patent it and even then we look for legal loopholes. Those are the rules. We
follow them, and IMO, as long as we don't lie, steal, or commit some
immorality to do so, copying is moral. Some do lie, etc, but that's where I
draw the line. I'm very sure that lying is wrong, but copying is only wrong
when rules prohibit it.



In other words, copying does not violate any fundamental principle of right
human conduct unless it violates some defined rule of ownership (as in the
case of patent or copyright). In fact, the advancement of civilization and
technology depend on copying and building on the hard work of others. Monkey
see, monkey do!



What are the "rules" in the kayak industry? I asked if they were, or why
they should be different than any other industry and I don't think I got any
meaningful answer.



Duane brought up an excellent point about the Inuits and Aleutians. It may
have seemed to be humor, but it cuts to the core of this issue. Rarely does
anyone invent anything new. Most inventions are simply improvement of
existing technology. For the most part, they're all "copies" to a degree. In
order to get a patent you have to show that your approach really has new
value that should be protected.



No one on this list invented the kayak so it is matter of degrees and that's
what patents are for.



Matt: Though I haven't read every word of this thread I did read something
about you guys retiring. Please don't do that! If you must though, wait till
I buy a couple of Coasters for rock gardening. I'm still saving my pennies.



Steve Brown
***************************************************************************
PaddleWise Paddling Mailing List - Any opinions or suggestions expressed
here are solely those of the writer(s). You must assume the entire
responsibility for reliance upon them. All postings copyright the author.
Submissions:     PaddleWise_at_PaddleWise.net
Subscriptions:   PaddleWise-request_at_PaddleWise.net
Website:         http://www.paddlewise.net/
***************************************************************************