Not as far as I know - no exceptions.
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http://scholar.google.com/scholar_ca...=1&oi=scholarr
Now I'm no lawyer but I did stay at a Holiday Inn Express once and it seems to me that fiddling with a 3D printer to see if you can make something fits the idle curiosity criteria as long as he's not in the firearms business. As I read it, Duke lost the case because using the patents furthered their business of research and education.Quote:
In short, regardless of whether a particular institution or entity is engaged in an endeavor for commercial gain, so long as the act is in furtherance of the alleged infringer's legitimate business and is not solely for amusement, to satisfy idle curiosity, or for strictly philosophical inquiry, the act does not qualify for the very narrow and strictly limited experimental use defense. Moreover, the profit or non-profit status of the user is not determinative.
He does not want it to experiment. He wants it to use instead of buying one.
BTW - obviously no one is going to go after you for making a follower. If they did, and it would be ridiculous to do so, but if they did, you would be out a lot of money before the case was dismissed. But that would never happen.
This will be my last word because its pointless to argue such an inane legal matter without being a judge or lawyer, but to me, him wondering how to do it along with questioning the durability makes the experimentation case. Reading the case decision i linked in its entirety it seems like the entire intent of the exception is specifically to keep patent holders from coming after people playing around in their garage with no business or commercial intent.
Essentially its a legal construct in case the common sense in the second part of your post is absent. And i agree not even a patent troll is coming after an individual.
He is wondering about the strength and that is why he is making it? No. He stated he is making it because he is not able to find more for sale.
In any case, no one will mind a guy making one.
Just a little info on the defcad follower. The design will use about $3.60 in ABS plus material printing at .007 z slice and a .012 path width. Note, you need to remember that the layers are fused together which reduces the strength. Almost like grain in a piece of wood. Build orientation is very important to achieve the testing results you're looking for.
http://powerstrokearmy.com/photopost...2/follower.jpg
Spec's on the material:
Tensile Strength (Type 1, 0.125”, 0.2”/min) ASTM D638 5,300 psi
Tensile Modulus (Type 1, 0.125”, 0.2”/min) ASTM D638 330,000 psi
Tensile Elongation (Type 1, 0.125”, 0.2”/min) ASTM D638 3% 3%
Flexural Strength (Method 1, 0.05”/min) ASTM D790 7,600 psi
Flexural Modulus (Method 1, 0.05”/min) ASTM D790 320,000 psi
IZOD Impact, notched (Method A, 23°C) ASTM D256 2.0 ft-lb/in
I'd make some. If you're not selling or making a 1009374748393ion who cares.
Well i lied because im bored and the more i think about it the more interesting i think the question is.
The exception exists via the court decision i posted. Scotus declined to hear the case so it is the law of the land. IMO its a simple question that must be answered to determine if it fits namely "is it a private individual who is seeking to learn something?" if the answer is yes then the exception fits. I dont think the original rationale for attempting it as a private individual has any bearing.
That opinion and a smooth buck will buy you a hamburger at micky ds so take it for what its worth although this law review article seems to be saying the same...
http://www.finnegan.com/resources/ar...8-1a4130257a92