EHX wins legal case against Mooer

Stuckfast

... for copying the software in their digital pedals. Can't find a link to an online version of this press release, but apparently Mooer simply replicated the compiled code from the pedals, including EHX's copyright notice!

Watch out for cork-sniffers telling us that the rare discontinued lawsuit Mooer versions sound better...

Octafish

What pedal did it concern? I know something happened regarding Mooer ripping off the EHX B9 for the Mooergan and the also the POG, but I thought that was a couple of years ago?

Stuckfast

Yes it was those two I think. I guess the Chinese legal system moves slowly.

Teetonetal

Tender octaves?

Octafish

Teetonetal said:

Tender octaves?

Wasn't that the POG clone? I think the few Mooer POG and B9 clones that made it out go for a bit of money on ebay etc.

Teetonetal

Interesting that copy code is piracy, copying no component layout is um... boutique?

thecolourbox

Amusing that they've just released a Rat pedal

joeyowen

Good, fuck Mooer.

Honestly, I hate their business model

ICBM

Teetonetal said:

Interesting that copy code is piracy, copying no component layout is um... boutique?

Legally you can't patent, trademark or copyright a circuit design, only the original schematic or a PCB print layout which are classified as artwork. In other words if you re-draw the schematic yourself, or reverse-engineer the pedal and draw a new one from that, you're in the clear.

But code is classified in the same way as literature I think! Very stupid of them to not remove the copyright notice, that's at the Captain Pugwash level of piracy...

I have to say EH suing them is justified, but a bit pot/kettle given that the Soul Food is a Klon rip-off.

kennedydream1980

Found this on Facebook:

Speaking of Mooer... read this from Electro Harmonix:

"Chinese pirates of Electro-Harmonix software walk the plank!"

Shenzhen MooerAudio Co., Ltd., a Chinese manufacturer and marketer of electronic effects pedals, was flagrantly infringing on EHX's copyrighted software. Two of Mooer's effects pedals, an organ simulator named the "Mooergan" and an octave pedal called the "Tender Octaver" included exact copies of the compiled software contained in EHX's C9 Organ Machine and Micro POG pedals.

The infringement was so bold and blatant that Shenzhen Mooer audaciously copied the Electro-Harmonix copyright notice in the software powering the C9 and Micro POG. After becoming aware of this piracy, Electro-Harmonix retained counsel and aggressively sought recourse. 

EHX President, Mike Matthews, stated: "Electro-Harmonix has successfully won battles with labor racketeers in the U.S.A. and ruthless mobsters in Russia. After almost two years of fighting the Chinese courts have awarded Electro-Harmonix a nearly six figure judgement. Our victory is now complete and these pirates have walked the plank!"

Teetonetal

ICBM said:

Teetonetal said:

Interesting that copy code is piracy, copying no component layout is um... boutique?

Legally you can't patent, trademark or copyright a circuit design, only the original schematic or a PCB print layout which are classified as artwork. In other words if you re-draw the schematic yourself, or reverse-engineer the pedal and draw a new one from that, you're in the clear.

But code is classified in the same way as literature I think! Very stupid of them to not remove the copyright notice, that's at the Captain Pugwash level of piracy...

I have to say EH suing them is justified, but a bit pot/kettle given that the Soul Food is a Klon rip-off.

Oh, of course it’s justifed. But circuit rip off is just as morally bad. Don’t forget the east river drive either. Some sympathy with ehx given how many  muff “improvements” there are.

ICBM

Teetonetal said:

Oh, of course it’s justifed. But circuit rip off is just as morally bad. Don’t forget the east river drive either. Some sympathy with ehx given how many  muff “improvements” there are.

I agree up to a point, but it's hard to have much sympathy with them over derivatives of the Big Muff when they're sailing very close to the wind (piratical pun intended ) with their Klon, Rat and TS copies.

And don't forget they threatened @ThorpyFX over the 'Muffroom Cloud' name and forced him to change it, when the pedal *isn't* a rip-off...

VJIves

I think Mooer have come on leaps & bounds in the years since this was first in the news. I do very much love my Tender Octaver though.

thermionic

You have the copyright in a pcb layout as soon as you create it as it counts as an artistic work. You can be granted a patent for a circuit as long as it has some technical effect and is novel and inventive over what’s gone before. For example, this. Copyright exists in computer code as well, as it also counts as an artistic work. EHX had good lawyers.

So, for a pedal, you could own the copyright in the pcb and dsp, have a patent granted on the circuit, have the distinct shape of the housing protected as a registered design, and have the brand name protected as a registered trade mark.

thecolourbox

Teetonetal said:

ICBM said:

Teetonetal said:

Interesting that copy code is piracy, copying no component layout is um... boutique?

Legally you can't patent, trademark or copyright a circuit design, only the original schematic or a PCB print layout which are classified as artwork. In other words if you re-draw the schematic yourself, or reverse-engineer the pedal and draw a new one from that, you're in the clear.

But code is classified in the same way as literature I think! Very stupid of them to not remove the copyright notice, that's at the Captain Pugwash level of piracy...

I have to say EH suing them is justified, but a bit pot/kettle given that the Soul Food is a Klon rip-off.

Oh, of course it’s justifed. But circuit rip off is just as morally bad. Don’t forget the east river drive either. Some sympathy with ehx given how many  muff “improvements” there are.

So because person A rips off EHX's muff, that entities them to rip if person B's tubescreamer/klon/rat/Octavia etc

Philtre

I do love my Mooer Yellow Comp.

Jalapeno

thecolourbox said:

Amusing that they've just released a Rat pedal

Thought they already had one - Black Secret

Sassafras

I wonder if we'll see a reduction in the number of Chibsons any time soon?
Prolly not.

Teetonetal

thecolourbox said:

Teetonetal said:

ICBM said:

Teetonetal said:

Interesting that copy code is piracy, copying no component layout is um... boutique?

Legally you can't patent, trademark or copyright a circuit design, only the original schematic or a PCB print layout which are classified as artwork. In other words if you re-draw the schematic yourself, or reverse-engineer the pedal and draw a new one from that, you're in the clear.

But code is classified in the same way as literature I think! Very stupid of them to not remove the copyright notice, that's at the Captain Pugwash level of piracy...

I have to say EH suing them is justified, but a bit pot/kettle given that the Soul Food is a Klon rip-off.

Oh, of course it’s justifed. But circuit rip off is just as morally bad. Don’t forget the east river drive either. Some sympathy with ehx given how many  muff “improvements” there are.

So because person A rips off EHX's muff, that entities them to rip if person B's tubescreamer/klon/rat/Octavia etc

No. 

impmann

Hmmm, I can see EHX’s position but I also take exception to EHX’s constant clones.
Seeing as both companies are more than capable of groundbreaking, unique products such as the Ocean Machine or the Synrh9, it’s sad that both feel the need to release such clones.

thecolourbox

Jalapeno said:

thecolourbox said:

Amusing that they've just released a Rat pedal

Thought they already had one - Black Secret

I meant EHX