Tom,
Another thought, and I know this is pushing the limits
a bit:
Since we have broad latitude in the terms of license
that we grant for software, is it possible that this
idea could be extended to other intellectual property,
ie. the design of the amp and any patents that the amp
maker holds for elements of that design?
Suppose you sell the amp hardware outright but it is
accompanied by a license to use the design and any
patents that are involved in the design of the amp and
these license terms would say that the design can only
be used for the intended purpose - on the amateur
bands by licensed amateurs.
Essentially then, anyone could legally own the amp
hardware but only licensed amateurs would be
authorized to use the intellectual property embodied
in that hardware. Enforcement rights might include:
1) a theoretical right to take the amp back - although
this would seem infeasible in practice, and 2) the
warranty on the hardware is voided if the intellectual
property is used in violation of the license terms,
and 3) the factory will not repair amps without proof
of a license.
The basic idea here is that the rights to enforce the
terms of license for intellectual property have a lot
of teeth in them to protect the owner of the
intellectual property while consumer rights dominate
in the arena of hardware products.
Mike wy6k
--- michael watts <wy6k@yahoo.com> wrote:
>
> Hi Tom,
>
> I can't help with the actual legal advice. But if
> you
> get to the point where you are getting legal advice
> on
> this issue, you might also investigate the
> feasibility
> of "terms of sale" that include the provision that
> the
> amp is only for sale to licensed amateurs and will
> only be repaired when accompanied by proof of
> purchase. I know getting such a "terms of sale"
> document signed might be difficult given the
> realities
> of distribution. But perhaps notice in the proper
> form will suffice.
>
> If there is any software at all in the unit - say an
> imbedded processor as in the Alpha 87A - perhaps you
> could include these terms in the software license
> agreement.
>
> Mike wy6k
> --- Tom Rauch <w8ji@contesting.com> wrote:
> > > It seems to me that refusing to perform repair
> > work,
> > > whether warranty or not, without proof of a ham
> > > license is a reasonable voluntary action that
> the
> > amp
> > > makers could engage in. It wouldn't all of the
> > > problem, of course, but it would probably stop
> > some of
> > > it.
> >
> > Some years ago I did that with an amplifier owned
> by
> > a California
> > lawyer, because he had no license and used the amp
> > to run
> > communications on an amateur band in off road
> races
> > somewhere
> > in the desert.
> >
> > I knew that because both he and the dealer told me
> > that.
> >
> > When I refused to service his amplifier, he
> > threatened a lawsuit. So
> > I repaired the amplifier and turned him in to the
> > FCC and some
> > group in California that was supposed to look at
> > this sort of
> > problem.
> >
> > My question is, for anyone that knows, is a
> > manufacturer required
> > to repair a device being used illegally? What if
> > that is stated in the
> > terms of warranty?
> >
> >
> > 73, Tom W8JI
> > w8ji@contesting.com
>
>
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