The legitimacy of a trademark on an opensource design

Ok so as in many discussions before when someone ask you about specific you just don’t answer and ignore. In that case there’s no point I guess to drag this forward.

First you would have to prove that you have better product (you don’t have a better enclosure for sure)

No Frank the Vesc is not known and popular thanks to you or thanks to your case design and how it looks but because what is inside and how it works.

Anyway @stewii will probably change it and if he needs I’ll sure help him (even if I won’t produce it anymore) because this amazing design of yours is I thing that @mmaner for example is giving here for free helping others and I guess this is how we roll in this community. It’s kind of sad because when I joined here the shit storm on Vesc6 just happen and I couldn’t understand that and was kind of on your side but now… You have a great products and it’s sad to see how you dig your grave in this community and it’s only because of couple of bad decisions.

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Well, and I feel sorry about bad business practice CTRL V CTRL C. There is no reason for that. OS is not about generic designs that should be copied over and over and over.
This is anti innovation and is not getting things moved forward. OS technology and DESIGN are two different pairs of shoes.

Frank

Well, i dont get it. Does anybody care if the ESC is black or purple? I guess not…

  1. the esc is mostly hidden… you will not see it anyways…
  2. if you really care about the colour just paint it pink…

It is not like a car which everyonce can see daily and you have to identify yourself with it… The ESC should just do its Thing and not look pretty…

But i agree that we Need more choice but not colour wise… we Need different Options in current, voltage and smaller sizes

You keep saying it’s a 1:1 copy, but that is not true. Some designs are a certain way because they have to be and others anther way because it looks more pleasing. Form over function. Would you say that two different paintings are a 1:1 copy just because they are on the same sized frame with the same sized canvas, same paint, hell, let’s say there even a painting of the same thing, but painted by two different artists, one is a toddler painting a sunset, and the other is Michaelangelo painting a sunset… So that is a 1:1 copy by the rationale your using, it’s simply absurd.

Also your argument about getting the same thing if one is a copy of the other and how that isn’t right blah blah blah… BV specifically made this open sourced so I think it should be everyone’s expectations that if your claiming to be selling a product that is based off of the open sourced information made available, then yes they of course should operate and do everything exactly the same, so long as each party followed the information that was made available.

Some things look a certain way because to function properly, the physics of the object are bound to certain universal rules. For instance, a wheel can only be a circle if its too function the way its intended. Other things can be left to one’s imagination because it’s not bound to the same universal laws. Now clearly the shape of the enclosure could be different and the internal ESC would still work the same, but as space is a precious commodity in Esk8, then clearly the smaller the size of the ESC the better. These enclosures aren’t unique, original designs. They are simple made to cover the ESC and take up as little space as possible, so if the HW 6 is a square or very close but technically a rectangle, it is hardly a copy of IP to design a form over function design that is as small as possible to take up as little space as possible to allow the overall functioning of the Esk8.

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I disagree with you. If you think that a HW 6 can only look the way we designed it you are limited in your imagination. In the time of this silly debate I could have sketched you up 5 different designs.

Frank

Maybe, but there would have to be a best design, most efficient, best use of space ask taken into account. The people who make these circuit boards take all that into account when you are building something and I hardly think it’s a stretch to say that the design of HW 6 was very carefully thought out by people who do this for a living and decided that shape was the best in terms of all criteria.

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Yes, I would need even a less time for 5 different square boxes. Again Frank tell us exactly what should be changed because it’s hard to waste time do make something that you might like or not because so far you didn’t show any hard data but just your subjective taste for design. And saying it’s just copy and paste is simply NOT TRUE!

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Maybe, so it’s a challenge to make something equivalent or better. That is the nature of product design. I would never say a design can’t be made better or different. That is simply not true. It is like saying: That song is so nice, you can’t write a song that is as nice. It is the best combination of tunes possible.

It is the designers task to envision things. And it is a composers task to compose a new melody or a variation of an existing melody.

Frank

Ok, regardless of the design issue or whatever else you may have a problem with, here is the bottom line… As I see it, and I think I probably have a similar opinion as many others.

In terms of what is offered for ESC’s I think it’s generally thought that the HW 6 ESC is the best and most reliable thing available. For a long time, people couldn’t get one because you are charging a massively larger amount, even compared to things that are considered the next best like FOCBOX or whatever. Then a guy working in his garage comes here and says he can and is making the same HW 6, and would you believe it, for less then even half of what you charge. So now people who are in a tight budget can finally get top of the line equipment without having to empty their bank account or save up for many months, and right as things are being finalized, and even prior, you come on the forums and try and pull these scare tactic and legal bs, and you justify it by saying it is about the design of a BOX??? Really! I mean you can come and argue with us here and condescendingly tell me this is a silly argument, but the fact of the matter is you’re making a lot of money off of us simpleton customers as I’m sure you view us that way, and talk about how we need innovating and all this BS, but that’s just a smoke screen to your actual motivations, and regardless of what you say the reason is for your opposition too the development of these alternatives, it’s very clear to us the real reason. It’s the elephant in the room that you can’t address. You are drastically over charging for your product, and now that we know and see that the same product can be made, even with a profit for less than half of your cost… Well, sorry the cats out of the bag…

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Frank, you should the same than onloop and chaca, ban yourself from this forum, don’t you understand that every time you show up here you are loosing customers? If not, at least try to contribute with something, like a build thread with pictures, because you didn’t, you only come here to complain.

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Luke, I am not the one to design your products. You should free your mind and simply create something new, rather than asking me what you need to change to have a novel design. If you ask me, your staring point should not be our design. You can gather existing info and start to envision your own design, taking into account what you researched on the web.

Frank

Right, because they just designed a box and you managed to find something wrong with that…

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just wondering where’s the v6.4 source files?

You stated that you obtain a legal rights to protect your design. My question was not “Dear Frank help me?” but what should I avoid to “make you happy”? As you didn’t said anything specific.

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Is it this one [here] or is there an available gerber that’s specific to the L shape design. basically I’m trying to figure out if the L-shape pcb design is as a product of trampa or opensoured by BV. Trying to guage what “design” does trampa possibly legally own, as he is dodging this question on every post.

Seems not to be a Trampa design cause Fox and esk8 v1.1 got same (for v4.x) … or its for the v6.x

Hi Frank,

first, i think it’s a nice move from you sharing the profits on the Vesc 6 with BV. But in your comments here, i see you just talking about your design. I could understand if you would call someone out who where making a ton of profit based on BV work without supporting him. I read through BV post about the trademark and there he is pointing out that his main concern is the software and not the HW. I would like you to be more specific what your problem is here and where do you see the copy of your product.

This forum is not representative of the entire market. Who knows how they run their business. It’s 3 guys, with poor customer service. You do the math.

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@trampa show me a picture of the inside of your Vesc6 please. I want to compare the design of “your” product to @stewii. Don’t worry i won’t copy it. I’m being serious

Wow it’s kinda astonishing to read your replies and see just how arrogant you are. I mean my God, ‘free your mind and simply create something new.’ Ok Timothy Leary, great advice… I mean wow, who wouldn’t be in sheer awe at the creativity and pure genius you have displayed in the designing of your BOX. ‘If you ask me your starting point should not be our design.’ Well, that answers the question of who invented the box. Case closed. Jesus man do you think at all before you hit the send button. I think the others hit the nail on the head with their advice of not getting on this forum cause it just loses you customers.

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