The legitimacy of a trademark on an opensource design

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I really don’t understand why you keep coming back to comparing this to shoes, post after post.

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@mmaner wow I honestly would never have thought that! In the thread for just pics no words I swear I see more Trampa then anything… I guess Trampa owners just take and post more pics then the average Esk8 person, lol.

I just tried to get some sleep and checked my phone and BAM there is like 50 more comments on this, and I am just dumbfounded at how someone can be so dillusional about something. About 100 differences between the two products have been brought up, all of which have nothing to do with the actual hardware though, just the case, which as stated earlier is absolutely insane as Frank keeps talking about the entirety of the ESCape which to us, the consumer, is the main concern, and every time he responds it’s with some assanine metaphor about shoes or cars which he makes a case that has no possible comparison to the matter at hand and… and on and on it goes!

I feel I addressed this earlier and he just ignored it but allow me to be blunt, and reiterate myself.

No matter how you want to spin it, describe things in metaphor, allegory, whatever you want, that’s your true motivation, your just trying to find some other reason to distract and IT’S NOT WORKING!!! Cut the horse shit, Jesus F’ing Christ…

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This is an awfull example.

Tesla open sourced loads of their designs specifically with the hope that everyone would exactly copy them. they were trying to encourage uniformity and cross compatibility between all charging systems.

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No one copied your design.

The schematics are open source, and Stewii doesn’t own a trampa vesc 6. The PCB was done by hand and the BOM selected by hand.

Copy? Or similar form factor…

Your vocabulary is wrong. Get over it.

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Not much but that’s a kind of proof that no one want to do straight copy Frank!

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I think it’s especially telling of Frank’s true motives here when he says how easy it is to come up with your own original design rather than copy. So it’s asked what specifically do you have a patent on so we don’t accidently have this same issue again, and he just completely ignores the question. Basically he is not going to reveal that and really hopes that if a redesign does take place and it’s somewhat similar to one of his claimed patents, then he can go through this whole fit over again, and essentially his end game is to try and make @stewii have to raise the price to recover any losses he might take, thus decreasing the substantial difference in prices and in doing so, Frank will only look like he’s half screwing everyone over as opposed to now where everyone is getting… Well, I’ll end that scenario there, lol!

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i have seen many open source projects where people involved dont seem seem to understand what open source this actually means. in some communities such as the multi-rotor community the same arguments about open source seem to happen again and again.

The point of open source is that you work as a community towards the best hardware for any application. anyone can copy/fork the software or hardware, make any improvements or changes (major or minor) and do whatever they like without the authors consent, as long as they give credit.

im not saying that that its moral, but there is nothing stoping someone releasing a 100% copy of an open source design as long as they give credit. and the project author (BV) knows this whenthey make a project open source. they accept that this can happen, but do it anyway in the interest of doing whats best for the community. To be honest im surprised that someone like maytech or turnigy has not started churning out rock bottom priced v6.4 hardware already.

also The Open Source Hardware (OSHW) Definition 1.0 defines hardware as "tangible artifacts — machines, devices, or other physical things" it may be electronic hardware, mechanical hardware, textile or even construction hardware. One could argue if the vesc6 heatsync was designed as part of the open source hardware, that it to should be open source hardware and available to anyone to clone and modify.

The Open-source hardware article on wikipedia states "information about the hardware is easily discerned so that others can make it" and that “The original sharer gains feedback and potentially improvements on the design from the FOSH community. There is now significant evidence that such sharing can drive a high return on investment for investors.

The smart thing for you to do here would be to look at the hardware changes that are being made and see how these are affecting usage and, if they are positive changes, port these changes back into your own designs. maybe we could see an official trampa dual heat-sync in the future?

@stewii Maybe the answer here is to try and create an enclosure for your pcb that is officially open hardware? Then anyone can mod and improve upon the design and there would be multiple different enclosure options to go with your ESCape’s.

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You cannot patent hardware designs of open source projects.

The schematic is open source. Meaning likely designs won’t be so different.

The L shaped pcb has been known for a few things on more then just the vesc6, such as esk8.de and focbox

  • smaller form factor
  • isolates the high current traces to one half, and the EMF sensitive traces to another half, making clean power across the board.

Aguing that the Gerber’s should be released… If you want your own pcbs use the schematic that is all that is required to make a pcb, as the schematic is the design. The pcb is the application of the design.

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I agree. I thought my posts were clear and conveyed that sentiment…?

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This is going to burn, but he will probably continue saying shit about the box

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The case design files are already released, modify it to your hearts content

Stewii has literally released everything except the Gerber’s, which he has every right not to according to GPL and MIT.

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Thank you all for the support guys, but let’s stop this discussion please, I am having advise from lawyers and people who have experience in IP law, they offer me help straight away.

I thought of having a full enclosed housing similar to the one Kug3lis have for the focbox, if he doesnt have IP for that too :smiley:

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Did I somehow give the impression I’m agreeing with @trampa? Let me be clear, I’m not.

We can even make one available if there is a need :wink:

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Will you be offering that double enclosure that was made of brown plastic or similar material? That was very compact, looked great!

No, just everything about the “escape” is open.

  • BOM
  • Schematic
  • case files
  • stencil mask

The only thing not released is the Gerber’s.

I’m not sure how much more open hardware you can get…

Not even trampa the open source trademarkers have released that much of thier hardware designs…

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Again, thanks, I’m aware of that. Why are you pointing these things out to me when I’ve spent the last few hours essentially arguing exactly what your pointing out to me? That’s been the basis of pretty much every thing I’ve said all night.

I meant to respond to @ducktaperules

Either way forcing someone to release design files when not even trampa has released the reference design…lol

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Lol, ok good job :wink:

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@stewii could redesign it 17 times and still be $100 under @trampa’s price. This whole time, trampa is causing this, not being hurt by it.

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