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Ethical, Shmethical?

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conversation started by richierod last modified 12-27-2007 12:39

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Re: Ethical, Shmethical?

Posted by Mark Meyer at January 31. 2006


Oh, well this is surely a case of being too close. This case surely violates the 10% rule of coming close to a design. I'd ventur to guess that this plan is only 1% different from the LV. I'll get pics next time I go out that way, which will be very soon as I'm designing a house right around the way. I'll update soon.

Mark



Re: Ethical, Shmethical?

Posted by Jeffrey Rous at January 31. 2006


This is a perfect example of what I was saying above: If Rocio doesn't get enough of a return on the time spent on her design, then she and others with similar ideas won't bring them to market.

Architecture is a interesting case since most sets of plans are only built once and while there are an infinite combinations of details, I am sure there is a limit to how many ways you can assemble rooms in a pleasing way. Just as an example, I think Mark's (eamesdaedelus) hillHOUSE is wonderful, but the layout reminds me of a lesser-known Koenig house. Of course, given the similar site, I'd expect a similar solution. In any case, hillHOUSE is quite different overall from the Koenig house I am thinking of but my point is that we have to differentiate between coincidence, influences and inspiration versus copying. Heck, most of the 500,000 McMansions built last year are only slight variations of the same plan and to me they all look identical from the outside.

If 10% difference is the usual rule of thumb, then I think it is a good one.

The wierd thing to me is that of all houses to copy so completely, the LV is such an odd choice. First of all, you can save some serious money by just buying the kit. Second, given that you are going to spend some money hiring an architect, why not do something different? While I think the concept of the LV kit is brilliant, to me the house as a stick built design is nothing super special.



Re: Ethical, Shmethical?

Posted by psmodern at February 02. 2006


[quote:Rous format=text/plain]Legally, psmodern explained it above as well as I have even had it explained. [/quote]
Thank you. :cool:

Finding the balance between rewarding creators and 'the common good' is difficult. Consider that for every famous designer like Eames and Castiglioni, there are thousands of individuals and companies who toil in relative obscurity, and it is protection of their intellectual property which makes the difference between feast and famine.

I agree there should be some limit on the protection in terms of years. Copyright and patents are both limited, but thanks to Disney et al, Congress keeps extending copyright terms (authors life plus 75 years etc etc). Don't even get me started on patents. I'm not sure what the life is of trade dress protection but it seems to be more nebulous.

Unfortunately even if modernist designs were protected in a similar fashion (life + 75) it would still be unlikely much work would end up public domain while I'm still alive!

I just read an interesting 2004 legal article that noted that Knoll got trade dress protection for five new pieces in 2004, including Mies van der Rohe's Barcelona chair. The article also indicated the Design Within Reach version was 'unlicensed' and cost $1995 in 2004. If you go to DWR's website today, they are selling the $4000 Knoll version of the Barcelona now. The DWR website also proclaims their new Le Corbusier collection is licensed and manufactured by Cassina (mentioned in my earlier post). The Le Corbusier Chaise Longue has increased by $700 in price since my earlier post.

In other words, it seems like the knock-off's are getting knocked off. I'm not surprised. If I held a license, DWR would be first on the list given their high profile.

I hope Flos sue White on White for their nasty $400 Arco lamp ripoff. Achille hasn't been gone three years, and they are already ripping off his beautiful work with substandard copies. That's low. :mad:



Re: Ethical, Shmethical?

Posted by Jeff Jasper at February 02. 2006


When I went to CIFF in China last year I saw a lot of the manufacturers who make knock-offs, some were crappy some were very well made, but all were so cheap you wouldn't believe it.

The knock of dealers pay silly low prices (Nothing over $100) on these and then turn around and jack up the price as well by massive amounts.

So either way you are getting price jacked, so I would rather get price jacked on an original than a knock-off, or I would go to China, find a good company with good quality stuff and good treatment of workers and buy direct and ship it back myself. As long as it is not bedroom furniture you shouldn't have too many problems getting it in. Or you could spend that money to have some new fresh out of school designer create something really cool that might be famous in 50 years.



Re: Ethical, Shmethical?

Posted by Thomas Zdon at December 27. 2007
I just want to say thank you to everyone for pointing out who makes really good knock offs. They are so hard to find otherwise.

Also - to add to the debate, design and manufacturing are two different things. To argue that a designer would no longer design a chair if people knocked it off is ridiculous. The question isn't whether Eames gets the cash - its whether Herman Miller gets the cash. And the fact that the current system for getting good design to market is broken.

Sure in 1950 you had to go to all the shows, advertise, do runs - build an image. Today we have the internet - none of that prior stuff necessary. Thanks very much.

Its the same debate in the music industry. Record labels claim if everyone downloaded music - no one would make any. So false. Its the democratization of the market and disintermediation of the manufacturing side that they fear. Imagine if everyone could produce that Vodder chair to spec - for a "small" licensing fee. The Vodder family would make a mint - but no one manufacturing facility would reap all the benefit. Vodder would actually be MUCH BETTER OFF. Its clearly better for designers to democratize the process - especially now that the internet allows for easy access to connect with and produce for these designers. Look at music artists who eschew record labels and produce their own. Apple is doing fine with the IPOD - in spite of the fact they make nothing when I go to my favorite musical groups website and pay them directly 99 cents for their song. And the artist now gets all 99 cents.. instead of maybe 3 cents they used to get.

Sure you could argue that the quality would degrade and therefore cheapen the design - but isn't that the same with everything in a free market? Those that do well and produce high quality merchandise survive - and those that don't fall by the wayside.

If Eames idea was affordable furniture for the masses - they would certainly be rolling in their graves to see what folks are getting for "licensed" orginals.

The idea of knock-offs isn't broken -its the current relationship of designers to manufacturing that is the issue.


 
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