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Why are amp sims legal?


MacDaddy
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I think we'd need an IP lawyer to give some definitive answers but I reckon there woul dbe all sorts of problems with trying to protect a sound. How, for example, could the sound be quantified in the first place? Audio spectrum analysis might be useful in this respect but at which point would very subtle (and probably inaudible) differences be deemed to be the same sound or a new sound?

Frankly, I doubt that any two amps actually 'sound' completely identical anyway when measured with scientific precision. Component tolerances alone would make some differences and there would be other factors as well.

Besides, with all the tone-shaping controls on the average amp these days, who could define what THE amp sound really is anyway?

And none of that even takes into account how someone actually plays in the first place, which will have a huge impact on the overall sound.

As for Harley Davidson, it seems that they TRIED to copyright their engine sound but gave up = probably because of the sorts of difficulties I've already described. A field day for the lawyers, no doubt, but no joy for HD.

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Dificult to be definite without knowing which simulations you're talking about, but if they're using a registered or trade marked name, they must have a licence from the owner, or some kind of joint development and marketing agreement, which has the same effect. For example

http://www.ikmultimedia.com/products/ampegsvx/

"Way back in 2004, companies thought that digital modeling of their gear was a threat to their business, that it would "steal the soul" of what they were doing. Ampeg was different. They understood what we were doing, and how our technologies could help them spread the love and groove of Ampeg. And it worked."

If you download Amplitube 3 Free, you just get a set of generic amp models, which for bass is pretty much just "Bass Amp". The Ampeg module costs 80 Euros.

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[quote name='LukeFRC' timestamp='1347739154' post='1804568']
how can you trademark a sound? You can patent the circuit that makes that sound if it's special enough - but a specfic tone? sure I can deconstruct that and remake it digitally to make a look-a-like, cos it's not the real thing- it's a digital copy.
[/quote]

but if I make a digital copy of my vinyl albums then sell them, that's illegal.

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[quote name='Mr. Foxen' timestamp='1347731959' post='1804459']
The tech21 stuff avoids directly saying what they are modelling for the most part.
[/quote]

For some reason Zoom seems happy to name makes and models directly, or at least they do on my H4N. I wonder if they're a bit further out of the reach of US trademark laws, being a Japanese company? I find the Line-6 cryptic naming thing irritating when I'm trying to figure out which model does what in a rehearsal room, though I'm sure anyone who owns one will take the time to figure it out a bit more thoroughly.

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[quote name='flyfisher' timestamp='1347723285' post='1804369']
As for Harley Davidson, it seems that they TRIED to copyright their engine sound but gave up = probably because of the sorts of difficulties I've already described[/quote]

Complicated I'm sure by a prior claim by Massey-Ferguson

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[quote name='MacDaddy' timestamp='1347804599' post='1805182']
but if I make a digital copy of my vinyl albums then sell them, that's illegal.
[/quote]

Yes. But if you made a bit of machinery/softwear that made my MP3's look sound like your vinyl records and then sold it- that's not illegal.
In the same way instagram can model old film cameras.

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[quote name='dincz' timestamp='1347805687' post='1805195']
Complicated I'm sure by a prior claim by Massey-Ferguson
[/quote]

Really? I've got an old MF135 tractor but I didn't know the engine noise was protected. :lol:

Good excuse for this (although not a MF tractor):

[media]http://www.youtube.com/watch?v=pDHzK3Xe7Yw[/media]

Edited by flyfisher
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I've always thought it's much the same as all the Precision, Jazz, etc. copies out there - both cheap and really, really, not. You're talking about something that is designed to look, feel and sound the same as a very famous piece of kit, but it caters for a different market.

I think most manufacturer treat it with a bit of a 'sincerest form of flattery' attitude - provided you're not trying to pass it off as one of their actual products. (of course, there are some exceptions - Ricken[size=4][font="helvetica, arial, sans-serif"][color="#282828"]@#£$er in particular.)[/color][/font][/size]

[color=#282828][font=helvetica, arial, sans-serif]To be honest, with amp models particularly, I can't be the only one who finds one I really like, and thinks 'some day, when money rains from the sky into my pockets, I'm gonna buy a [i]real[/i] one of these'.[/font][/color]

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If this is any like the world of fonts then the name of the font is the protected thing - hence Helvetica [i]is[/i] trade marked, but the shape is not. Hence back in the ancient days of computer fonts there was a font called Swiss - which coincidently was rather like Helvetica. This is also why there was Times Roman and Times New Roman, again a name variance.

I would assume that something similar is happening in the world of amp modelling. I have some of the Ampeg models in the Amplitube - and I read that Ampeg actively worked with them to get the model sounding like an Ampeg. This is why the models are called Ampeg B15, etc. Whereas the Line6 just bought the kit and played and recorded and analysed to produce their models - which are not called Ampeg - but are given names that imply. A very thin line between being sued and not.

Also Pocket GK worked with Gallien Krueger to produce their models for the iOS app; Ampkit have worked with Peavey and now Ashdown to produce their models.

The same applies as I see them in the FX pedal, cab, mic models.

Edited by vsmith1
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[quote name='flyfisher' timestamp='1347810974' post='1805301']
Really? I've got an old MF135 tractor but I didn't know the engine noise was protected. :lol:

Good excuse for this (although not a MF tractor):

[media]http://www.youtube.com/watch?v=pDHzK3Xe7Yw[/media]
[/quote]

I aways thought Harley Davidsons sounded a lot like tractors.

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So, if I want to create a shape to sell as a Rackenbicker, how much does it have to deviate from the original spec to avoid infringing the trademark? Is that why all the effort goes into taking individual sales off eBay, when there doesn't seem to have been as much effort to stop the production at source?

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[quote name='spinynorman' timestamp='1347889218' post='1806165']
So, if I want to create a shape to sell as a Rackenbicker, how much does it have to deviate from the original spec to avoid infringing the trademark? Is that why all the effort goes into taking individual sales off eBay, when there doesn't seem to have been as much effort to stop the production at source?
[/quote]

Because for Mr Hall getting eBay to remove individual listings is easy. Stopping a Chinese factory producing lookalikes is somewhat more difficult.

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It's "look & feel" isn't it? You'd think that no one in their right mind would be fooled by a Kay short-scale bolt-neck copy, or even by an Ibanez with entirely the wrong pickups, but if they are being marketed as [color=#b22222][i][b]like a R-word [/b][/i][/color]then the legals cut in.

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