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p.6 #9 · p.6 #9 · FotodioX PRONTO: Leica M-Mount to Sony E-Mount with AF! | |
rji2goleez wrote:
No, not at all . . . I would just like to hear what they have to say. Even then, this does not look good. I've already thrown myself into the 'Support Techart' group. The evidence looks more than bad . . .
It's not really a question of "guilt," more of "infringement liability." Not being intimately familiar with Chinese IP laws (but using U.S. laws as a rough analog, and over-simplifying things tremendously):
(1) Copyright is implicated if the TechArt firmware was copied. It's an easy thing to test, and it looks like it was here.
(2) It's actually not unlawful for Fotodiox to copy the design of the adapter unless (a) the technical particulars were trade secrets that Fotodiox unlawfully obtained, or (b) TechArt has a valid, enforceable patent in the jurisdiction(s) where Fotofiox is making, selling, using, or importing/exporting the Pronto, and they can prove that the patent (not the TechArt Pro design) covers the Pronto. TechArt says it has patents, so at least (b) is likely to be a cause of action, depending on the quality and priority date of the patents, and where they were obtained. I didn't see any U.S. Patents in a quick search, but I probably don't know the name of the actual corporate entity to which such patents might be assigned. As for enforcement of patents in China, I know that's a very difficult and unpredictable business for non-Chinese litigants, but might be more efficient for disputes between China-based companies.
From first blush, it does seem pretty clear that the Pronto is a TechArt clone, so I do hope that TechArt can take some recourse to stop it. I certainly won't be buying one. I'm very happy with the TechArt Pro adapter I have, and TechArt if you're reading this, I would be happy to (i) buy the next iteration of the product as you improve it, and (ii) try and assist you with IP concerns you might have in the United States.
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