Making a 'compatible' product question - Page 1
Forum section: electronics / general

author: beyondhelp
author_rank: Contributor
timestamp: November 20, 2019, 01:32:15 pm
content: If one was to make an accessory/product compatible with an existing hardware system/product (In this case to make it more useful, add features etc) with the possible intention to sell, does anyone know if this breaks any kind of copyright IP rules etc? Nothing from this compatible product, hardware or code would be copied from original product and methods of how it works would have been established by reverse engineering, looking at bus data etc.

author: Cerebus
author_rank: Super Contributor
timestamp: November 20, 2019, 02:12:08 pm
content: Not a simple and straightforward area.As far as the EU is concerned, two examples:In the EU article 6 of the Computer Programs Directive protects and permits reverse engineering of computer software for the express purpose of interoperability with another program or device.Article 3 of the Trade Secrets Directive protects people who have discovered a Trade Secret lawfully through "(a) independent discovery or creation; (b) observation, study, disassembly or testing of a product or object that has been made available to the public or lawfully in the possession of the acquirer; (c) the right of worker or workers' representatives to information; and (d) any other practice which is in conformity with honest commercial practices."In general EU law treats interoperability and compatibility as a good thing, and protects activities that are solely directed towards that end.I can't speak for other jurisdictions.At the very least I would suggest digging out a suitable legal text book for each jurisdiction that you might want to sell such a product in and reading carefullybeforeyou start. What might be legitimate reverse engineering in one jurisdiction might fall foul of the law in others. The best approach, and an expensive one, is to go to a 'decent' IP lawyer for each possible jurisdiction of sale and ask "How do I dothislawfully?".If you're targetting a jurisdiction such as the US where it's common for bigger companies to use legal bullying tactics in place of fair competition, it would be wise to document your whole development process in a way that a lawyer for such a litigant would look at it and say to their client "We've not got a case, if you pursue this it will be obvious malpractice to sue and god help you if it gets into the press.".

author: I wanted a rude username
author_rank: Frequent Contributor
timestamp: November 21, 2019, 04:43:52 am
content: Also look into how reverse engineers useclean-room designto avoid infringement.

author: station240
author_rank: Unknown
timestamp: November 21, 2019, 08:23:38 am
content: I'd be more worried about trademarks, some companies refuse to let 3rd parties say "compatible with ..."

author: sokoloff
author_rank: Super Contributor
timestamp: November 21, 2019, 09:20:02 am
content: Quote from: station240 on November 21, 2019, 08:23:38 amIt’s generally not under the control of the company nor necessary to even ask for permission.In the US, nominative fair use allows one to use another’s trademark for necessary description of your goods. This is a non-infringing use where there is no likelihood of confusion.

author: SiliconWizard
author_rank: Super Contributor
timestamp: November 21, 2019, 03:55:32 pm
content: https://www.inta.org/TrademarkBasics/FactSheets/Pages/Fair-Use-of-TrademarksNL.aspx