Samodular Buchla kits

[Cablebasher]

I wonder if this is happening to the other clone diyers like EMS, Boops, Mems, papz etc?

[papz]

I haven't heard anything from BUSA or their attorney but my CV/Gate Card for 208 (the PCB set is available for DIY from SAmodular) is listed in the items they prompt SAmodular to delist, despite it's my own design and can't be considered a knock-off of anything even seen from very afar.

The 208p PCB set is very different from the 208c or 208e and is the only 'inspired by' product that I offer, all the rest is my own design.
The only mention of 'Buchla' on my website is on the homepage, to state that Portabellabz.be is not affiliated with them.

[weedywhizz]

But some of the others, like the one that seeks to trademark the word “Control Voltage” among other generic modular terminology

This was actually attempted?

https://www.trademarkelite.com/trademar ... X2FSY9lM08

[weedywhizz]

One fun thing to think about is that BUSA would have to spend money to challenge every single defendant that they would bring to court. They likely can't afford this and are just using threat as a blunt cudgel.

Speaking of money, I will gladly contribute something should this come to any legal action. I would encourage anyone with any interest in the DIY world to do the same. This bullshit threatens us all.

I second this offer.

I saw a copy of the cease & desist language and it was pretty vile, in my opinion. I won't voice my assumptions as to the actual motivation behind it, but I will say that I vehemently disagree with the approach that was taken - and would gladly contribute to the cause should it reach that point legally.

Also gonna stop putting off my long-pending SAModular case upgrades.

Thank you Steffen, for all your efforts to support this community.

Thank you very very much. I have to thank the whole community though. samodular wouldn't survive without such a great community
I'll get back to you asap on the case upgrades.

[dgrainger]

But some of the others, like the one that seeks to trademark the word “Control Voltage” among other generic modular terminology

This was actually attempted?

https://www.trademarkelite.com/trademar ... X2FSY9lM08

How will they defend that when the entire modular synth industry uses the term?

[hammerhead]

I personally view their reissue as more of a clone/remake than some of the clones, if that makes sense.

I've been hesitant to ask the following but hope this is an appropriate thread for it.
The 200 series reissue involves modifications by Roman, right? I recall a certain high profile Buchla user/ synth icon Ali C. being furious about Roman and other "cloners" for allegedly disrespecting Don by copying his faceplates instead of coming up with own product lines like Verbos, and from what I see now, A. C. seems to even have left this forum around that time. And I assumed that Don felt the same back then. BUSA working with Roman in whatever way made me wonder if perhaps A. C. was feeling overprotective and Don might not have shared the full extent of A.s views (I hadn't spoken to Don for over a decade before he died); or if BUSA are just more pragmatic or forgiving than Don may have been; or if Roman was pressured to work with them to offset some grievance similar to theirs against Steffen now; or whatever.
Can anyone shed some light on this, and if it's too sensitive/ tacky a subject, please just PM me and I'll have this message deleted.

For that reason also please don't quote, for now.

[shoegazer86]

MEMS hasn't heard anything from BUSA but then again we are not a storefront. We have offered a small handful of boards in order to fund our travels, but we do so in order to not step on anyone's toes.

It's "business as usual" for us, nothing in terms of copyright news affects anything we do.

[luchog]

Check:
https://www.trademarkelite.com

It's not! Neither is Easel Beagle or Easel Smeagol

And, fortunately for me, neither is Sleazel Weasel.

Throwing in the fact that I placed an order on samodular.com and received it 3 days later in California. Obvious care was taken in packaging and all. What a guy!

Mine took a bit over a week; but US customs delays can be that way sometimes.

[LaBelleAurore]

It's "business as usual" for us, nothing in terms of copyright news affects anything we do.

That's possibly true for the schematics and PCB layouts for vintage 200 series modules that were created before January 1, 1978. Its possible they do not meet the publication and notice requirements necessary for valid Copyright.

But that's Copyright, Trademarks are a different animal entirely. Some of what you do is actually impacted by Trademark number 97561256 (and other similar Trademarks that will surely follow it).

[ModHiisi]

So BUSA teams up with Roman and tries to capitalize on the cloning. Well fuck that. I have no interest in their products after this… The non BUSA clones for example are WAY better value (and way better in general..), so I don’t see why anyone would want to buy the ”Classic Series”, clones except for supporting/getting ’actual’ Buchla (what the ”Classic Series” aren’t anymore than a good clones are..).

Power to you all for pulling through this!

[pelican]

I’m trying to order some custom cables. My order was cancelled

[weedywhizz]

I’m trying to order some custom cables. My order was cancelled

I'll get back to you asap on your custom Tini/Eurorack cables.
FYI: Orders placed with Paypal checkout automatically get cancelled by the shop system if no payment is received within a few hours. Nothing I have personally initiated.

[fallout]

Same here. Was trying to order a set of CV/Gate cards for 'b-word'. I emailed but didn't receive a response. I'll try again when the smoke clears, it seems like there's a lot going on in the background.

If donations are needed, let me know.

[weedywhizz]

Same here. Was trying to order a set of CV/Gate cards for 'b-word'. I emailed but didn't receive a response. I'll try again when the smoke clears, it seems like there's a lot going on in the background.

If donations are needed, let me know.

As mentioned above orders with missing Paypal payments get cancelled automatically by the shop system after a few hours.
Thank you very much for your understanding and your kind offer
Mail sent about your order.

[weedywhizz]

edit - nothing to add currently

[pelican]

All good here, thanks for the support

[weedywhizz]

All good here, thanks for the support

You are welcome. Thank you for your order.

[Zergon]

Oh man, what a shitstorm!
I hope things clear out in most favorable manner.

I never thought I would have a B-system, but I started with papz 208 kit and now I'm waiting for SAmodular 248 kit.
Keep up with the good work providing affordable 200-series modules to the DIY community!

[NoGuitars]

Since Don was an actual person… can they stop you from using his full name?????

“Compatible with 200 series modules designed by Don Buchla”

[djs]

“Don compatible”… like the Bob and Don inputs on the cyndustries zeroscillator.

[LaBelleAurore]

Since Don was an actual person… can they stop you from using his full name?????

“Compatible with 200 series modules designed by Don Buchla”

Currently, “Don Buchla” is not a registered trademark, but there’s no need to tip toe around BUSA’s trademark for the word “Buchla.”

Use of another’s trademark to describe compatibility or intended use of an item is already considered a fair use in the U.S., so there is nothing wrong with stating “Buchla Compatible” in an offer for sale in the first place.

“IBM Compatible”
“XBOX Compatible”
“Fits VW Jetta”

Are all examples of where another companies’ trademark is fairly used to describe compatibility or intended use of a item not manufactured by the trademark holder.

[Kent]

Since Don was an actual person… can they stop you from using his full name?????

“Compatible with 200 series modules designed by Don Buchla”

Currently, “Don Buchla” is not a registered trademark, but there’s no need to tip toe around BUSA’s trademark for the word “Buchla.”

Use of another’s trademark to describe compatibility or intended use of an item is already considered a fair use in the U.S., so there is nothing wrong with stating “Buchla Compatible” in an offer for sale in the first place.

“IBM Compatible”
“XBOX Compatible”
“Fits VW Jetta”

Are all examples of where another companies’ trademark is fairly used to describe compatibility or intended use of a item not manufactured by the trademark holder.

Exactly what I was going to type up but this is better worded.

Also, it is very difficult to file a trademark on human's name, especially after decades of common use.

We could simply agree to call it "Don Format" and "Buchla 200e/200 Compatible".

[chiasticon]

Use of another’s trademark to describe compatibility or intended use of an item is already considered a fair use in the U.S., so there is nothing wrong with stating “Buchla Compatible” in an offer for sale in the first place.

I know nothing of these laws but I would tend to agree. search Amazon for iPhone and see how many "iPhone compatible" cables, adapters and cases come up. if it wasn't allowed, and Apple can't shut that down, what chance does Buchla have? that would only apply to cases/boats and power supplies I would think, though. the 200 modules are another story. or at least in this comparison...

that doesn't mean they can't continue to be childish pricks to Stefan, of course. my only advice there is to ignore any non-lawyer communication. until they get a lawyer involved, it's just empty kicking and screaming. maybe they've already gone that far though, I couldn't quite tell from the details above.

unfortunately this all reminds me of the whole situation with Random*Source/Serge and Prism Circuits. they were fine with others making paperface and endorsed it, until they wanted to, then they publicly "un-endorsed" Prism and talked shit on him for it. it's all just really unfortunate. in such a small community, and with items that cost this much, you'd think that Buchla would realize that people are paying attention, they know damn-well what they're buying and supporting, and shitting on community members will do them no favors.

[LaBelleAurore]

We could simply agree to call it "Don Format" and "Buchla 200e/200 Compatible".

Yeah, just thinking out loud, as a gesture of goodwill from the DIY community to BUSA, folks (myself included) could stop using the word “Buchla” and “Buchla Format” generically to describe 4U 200 series clones to help prevent dilution of their mark.

[Ebolatone]

I asked a mod to change my avatar text ("rank") from mentioning brand B by name back to what Mike originally called me, "Oblique Wiggler".

I did this out of distaste and distrust. As one of the most visible brand B proponents on the forum, at least in the past before it was at the level of popularity it today rightfully enjoys, to do this is unpleasant and sad. Less mention of a good thing, is bad. If I feel like this solely regarding an avatar text, I can't imagine how SAModular feels. Support to you.