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dofmyesterday at 8:20 PM2 repliesview on HN

FMIC likely cannot even properly identify the allegedly protected shape of the Strat because they sell multiple Stratocasters that have different body shapes and proportions. They may simply not be able to say "it's this thick", even, because they sell Strats with different thicknesses. They might not be able to say "it has these body contours" because they sell flat, edge-bound Stratocasters. The list goes on.

Plus, FMIC may not even be able to prove that they legally own any rights that do exist! It's not at all clear they acquired the long-lived rights from Leo Fender when he sold to CBS; they only secured a ten year agreement not to compete, and the design patent they had on some aspects of the body shape would have expired in 1969 or 1970.

The body shape is in the public domain in the USA; it has been for 17 years.

Part of me thinks that they are insane and part of me thinks they want to be acquired because they have debts.


Replies

valdiornyesterday at 8:28 PM

This is exactly the argument that the lawyer for LSL guitars is making - who happens to be the same lawyer that beat Fender back in 2009 on behalf of the USPTO and cost them the copyright in the US :)

(Absolutely baller move for LSL to hire that guy)

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codedokodeyesterday at 8:22 PM

Maybe the law should protect creative part of the shape (that doesn't affect the sound)? I do not know but I think that designing a good instrument is not easy and it is not cool that someone can just copy it without doing any work.

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