Joseph Hartvigsen wrote:
  
> 
> So what this comes down to is that we said to Ron if we are going to
> sell you just a few plastic spoons so that you can copy them, we
> request that you pay a royalty on the copies that you sell. His
> watermoter with the plastic blue spoons sells on his web site for 480
> USD (plus shipping), I was charging him 40 USD (no markup at all) for
> a set of the plastic spoons.  His watermotor with the copied orange
> spoons sells for 695 USD (plus shipping), the royalty would have been
> 32 USD.
> 
> Somehow the idea of paying a design royalty on direct physical copies
> offends him, and he feels that the design should be public domain. We
> aren't talking about the general concept of a turgo runner - which is
> public domain, we're talking about a copy made by a rubber mold
> directly around one of the plastic parts we provided him. He is free
> like anyone else to sit down at a CAD system to design a part and
> email the file to a mold maker who can use CAM software to machine the
> mold.
>  ...
> 
> Again, this is not an issue that I'm raising, but since Ron has raised
> it in public, I'll address it in public. You can draw your own
> conclusions.
> 
>   Joe

Joe has presented in detail the moral case. Whilst I have no wish to disagree
with any of his specific points, there is a pragmatic [or if you like a
"business" case] that runs in parallel with the moral one and this needs to be
articulated as well.

If a royalty is being claimed, then this comes with a price - an administrative
price and a policing price.  So let's do a cost benefit analysis and see whether
it is worth it.  If only a handful of units or at most a few tens of units are
sold per year and the product is easily copied because it uses only low or
intermediate level technology then I suggest it is hardly worth it.  If volumes
were much greater then the situation would be different, with the original
craftsman being prepared to expend a lot of time and money on policing
unauthorized copying, whilst would be copiers look for ways to slightly but
sufficiently change the product so that royalty can be avoided.

This sort of thing happens in the commercial world all the time.  One approach
(although not applicable to Turgo spoons) is to engineer a product so that full
functionality depends on at least one high tech or high skill component.  This
doesn't have to be piece of hardware although it can be, for example, a custom
micro chip, that is difficult to reverse engineer.

Planetary Power is now finding itself in a similar position to that of Joe's. 
We have opted for the "at least one high tech or high skill component"
approach.   Recently we were paid a substantial sum of money for professional
services relating to a micro-hydro site located several thousand kilometres
outside of Australia where we are based.  The job came about as a direct result
of us featuring on our website our Banki-crossflow micro-hydro systems designed
for low heads.  It is now only a matter of time before sooner or later some of
these turbines will find their way into that country.  We have decided not to
try and restrict or control our product being copied.  On the contrary,
we would welcome it.  Our approach is to explain that no two low head sites are
exactly the same and a successful micro-hydro implementation is more than just a
turbine.  It's the "more" that we are interested in.  Eventually they may

Regards,

Max Enfield
Planetary Power




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