Legal issues with selling modified commercial products

[Bucic]

I've seen few sim controller projects for sale utilizing whole or parts from commercially available products, e.g. control stick + collective utilizing Saitek's X-52 series HOTAS. Obviously not only grips and switches but also the USB controllers, wiring etc. Another example would be a sturdy set of steering wheel or pedals with the wheel or pedals from a real car (no logo visible, but the assemblies clearly distinguishable).

 

My question is - would there be any legal issues with selling a batch of 1000 or more of such units under the name of a sim pit builder's company brand? I've always wondered.

[Sabre-TLA]

Most products are copyrighted and their licenses include rules regarding derivative works. If you get a signed agreement from the company to use their product then it should be ok. Check with a lawyer to be certain as different countries have different laws regarding commercial use (including export restrictions depending on the product).

 

Here is an example for the Arduino boards from their FAQ:

 

Can I build a commercial product based on Arduino? Yes, with the following conditions:

Physically embedding an Arduino board inside a commercial product does not require you to disclose or open-source any information about its design.

Deriving the design of a commercial product from the Eagle files for an Arduino board requires you to release the modified files under the same Creative Commons Attribution Share-Alike license. You may manufacture and sell the resulting product.

Using the Arduino core and libraries for the firmware of a commercial product does not require you to release the source code for the firmware. The LGPL does, however, require you to make available object files that allow for the relinking of the firmware against updated versions of the Arduino core and libraries. Any modifications to the core and libraries must be released under the LGPL.

The source code for the Arduino environment is covered by the GPL, which requires any modifications to be open-sourced under the same license. It does not prevent the sale of derivative software or its inclusion in commercial products.

In all cases, the exact requirements are determined by the applicable license. Additionally, see the previous question for information about the use of the name “Arduino”.

[Flagrum]

IANAL but my gut feeling is, that you should be very carefull with that.

 

For example, I could imagine that you can get into trouble if you are selling your product under your own brand when it contains parts of the original producer that are patented. The original producer could claim, that your "invention" violates his patents.

 

If you then market your product as "xyz modification of an ABC", you can also get into trouble. The original producer certainly won't like it if you (mis-)use his ABC brand for your marketing.

 

edit: safest way would possibly be to sell your product alone just as "conversion kit (for ABC)" ...

Edited October 20, 2013 by Flagrum

[Bucic]

Thanks guys. I hope others will chime in to drop their thoughts on the subject as well.

[G00dnight]

you could ask rc simulations their mrvc used a couple of different sticks cut up and built into it.