Skeptican Buffer, 29 Pedals and actual copyright...

RobertoJL

New member
So, I posted a Skeptical Buffer I recently built on Reverb - naively stating it was a 29 Pedals EUNA clone. No idea Reverb will not allow mentioning brand names or models when it comes to listing clones. Ok, my bad, but I never had any issues with this until now.

A couple of days pass and I get a flag report on my listing, and it's taken down, and the following message from Jesse Honig, the man behind 29 Pedals:

"I'm sorry to have to flag this listing, but you cannot sell this as a EUNA or use my ad copy. These clones are poorly designed and do meet meet any of the EUNA specs. Also, you copied the text directly from my website. I'm sorry if Pedal PCB told you this is a correct EUNA circuit, but it is not. Thanks for your understanding."

My first response, essentially: ":..Can I ask you why can PedalPCB list and sell their Skeptical Buffer product explicitly mentioning your brand and product (literally "compare to 29 Pedals EUNA") but I cannot?"

His reply: The short reason is that the guy behind Pedal PCB has no problems stealing other people's designs, lying to players about the quality of his copies, and violating copyright law. The "compare to" tag that you refer to is the defense of counterfeit handbags and little else. Pedal PCB also runs their own platform, and as such there is no recourse but to try and take him to court, whereas reverb is a respectable platform that has a process for me to defend customers against counterfeit goods. What you are selling is a poorly executed copy of my work, and you are trying to make money by telling people that listing is the same as my pedals. It never ceases to blow my mind that a person would whip up a cheap copy of someone else's work and try to sell it as the real thing. If I copied your artwork and put it on a pedal, would you or would you not want it stopped?

And my final reply: "I understand your point of view. Also, it was my impression that electronic schematics per se could not be copyrighed, and respected industry icons such as Josh Scott have even encouraged other people do their own take on his designs etc. Furthermore - and just playing devil's advocate here - Pedal PCB only states their product is comparable to yours, not an exact reproduction. So even though I get where you're coming from and I certainly respect your views, I'm sure there are many who would think otherwise.
Anyway, I don't mean to start a discussion here, just stating the reason I (naively, I might add) posted it as such, thinking I was listing a perfectly legal product, which is what I thought I had originally purchased. Oh well, live and learn."

So, I'd love to hear any and everybody's thoughts on this very interesting subject, which I'm sure is not all black and white, is it?
 
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Hard to ignore him even if I wanted to, since Reverb actually does not allow explicit mentioning of what a clone is based on. But, there are a million listings precisely mentioning the brand and product the listed clone is based on, so companies etc don't give a crap apparently, except maybe for him. So technically he can have my pedal taken down if I mention his brand. I can live with that.
But he used quite harsh language, basically saying Pedal PCB is stealing his work and they should be taken to court etc etc... and that's what I have trouble with. Is he actually in the right? I have a strong impression he is overreacting... that is why I was hoping to hear some more educated opinions regarding this...
 
There's only a legal issue if there's a valid patent involved on that pedal - and as you note already, schematics consisting of commercial parts are not patentable. Just use similar language that all PCB makers utilize - e.g., 'Compare to (or based on, inspired by, etc) 29 Pedals EUNA', and avoid the word 'clone' which more or less implies an exact copy in all regards.

More succinctly, go with what @ICTRock said.
 
That was my main gripe... I used that same description, "compare to...", even mentioning the differences. But he flagged it again and Reverb stood by him, validating his claim and suspending my listing... which I disputed, but have not heard back from Reverb...
He's done this a few times. You're not alone. If he could win a court case he might try, but as you rightly pointed out to him he has no leg to stand on. Have you seen his interviews? He is a pretentious Buster Bluth.
LOL my impression exactly. Great reference, btw lol.
 
which I disputed, but have not heard back from Reverb...

LOL my impression exactly. Great reference, btw lol.
That isn't entirely wrong on their part. If the person wants to take your listing down they can per the Reverb Arbiters. I believe Fran from Frantone is also somewhat aggressive about taking down clones or similar pedals. The brand is entirely theirs and they can defend it. But the circuit is not. It's similar to how no one who isn't Fender can sell a Telecaster. You gotta get somewhat creative to make the reference without stepping on someone's big sensitive toes.

30-1 YouNuh!!!
 
He seems to have extra time on his hands if he's constantly scrolling through Reverb - or maybe he has scripts running...
I suspect Reverb is just taking the easy path here.
Maybe misspell the name (add extra spaces or periods), so his searches don't find it...
 
Trade dress, brand names, and product names could be subject to trademark. Strictly speaking, he doesn't have to file a formal trademark application, he just has to prove he has a recognizable brand in a given market and that a potential customer could confuse your product with his. This is easier to do with a registered trademark, but it's not strictly required.

Schematic drawings, PCB Gerber's, and pedal artwork are subject to copyright. If you didn't rip off his art, drew your own schematic, and/or laid out you own PCB, this is not applicable.

It is theoretically possible to patent a circuit design, but practically impossible with the kind of stuff you see in pedals. There are only so many ways you can configure circuit blocks to accomplish things, so proving you've invented something fundamentally new is hard to do. Nothing in the Euna is novel.

The only real legal claim he potentially has is your use of his brand name, but "compare to", or "clone of" make it pretty clear you're not trying to deceive a potential buyer.

While it may not strictly be illegal, it could still be against Reverb's terms of use. It's their website and they can enforce whatever rules they want as unevenly as they want.

* I am not a lawyer and this does not constitute legal advise. This post is strictly for informational purposes.
 
in my experience, in the past reverb has been somewhat strict about the listing title but they don’t give a rip about what the listing description says, for whatever that’s worth
 
in my experience, in the past reverb has been somewhat strict about the listing title but they don’t give a rip about what the listing description says, for whatever that’s worth
My experience as well.... but apparently Mr Honig does give quite a few rips...
 
My experience as well.... but apparently Mr Honig does give quite a few rips...
This is why when I sell my version of the Euna, I gave it its own name, like sheep’s Buffer and in the description called it my take on the famous Eewwna Buffer.

Homie hasn’t contacted me yet.

Reverb in the past has taken my pedals down for using the original pedal name in the listing. So I started naming them something completely different but similar like Robert does, and put in the description this is my take on, fill in the blank

I also use a similar trademark statement that Robert uses at the end of my listing saying I’m no way affiliated with the original designer etc.

I have had few issues with reverb since implementing these methods
 
I can understand that if someone has spent a lot of time developing a circuit that it must be a bit heart breaking to see someone simply copy it and sell it. I've spent weeks working on one or two circuits (mainly because I don't know WTF I'm doing!) and if I was to try selling it I would be despondent if someone copied it verbatim to sell it using the name I had given it. But you have to go into this business knowing that you either have to produce in sufficient quantities that copies don't make much difference or find something better to do. In most cases the "new" designs are not really anything particularly new and most are fairly derivative. In the case of quite a few boutique builders the differences between their design and what they have "based it on" is so minimal as to be laughable. (I'm not going to mention Mythos) If you're going to sulk if someone makes a copy of your pedal then at least make sure it's more original than just changing the diode type in a tubescreamer.

I'll build any pedal my friends want and sell it to them. But on a platform like Ebay or Reverb you will run into problems if you use trademarked names etc in your copy. I would just avoid it.
 
Hard to ignore him even if I wanted to, since Reverb actually does not allow explicit mentioning of what a clone is based on. But, there are a million listings precisely mentioning the brand and product the listed clone is based on, so companies etc don't give a crap apparently, except maybe for him. So technically he can have my pedal taken down if I mention his brand. I can live with that.
But he used quite harsh language, basically saying Pedal PCB is stealing his work and they should be taken to court etc etc... and that's what I have trouble with. Is he actually in the right? I have a strong impression he is overreacting... that is why I was hoping to hear some more educated opinions regarding this...
You have to understand that this individual seeks out a confrontation every single time he does this. So, yeah, ignore him. Reverb ignores way more IP abuse than they enforce so it is entirely arbitrary. The rest of it about PedalPCB, court, etc. isn't really your concern.

My unsolicited opinion is that his pedal probably doesn't sell all that particularly well at such a high price point in the current gear market. It would go a long way towards explaining his behavior.
 
I sell through platforms and every once in a while I have to adjust my strategies. Reverb's been out for me for quite a while, but Ebay has chilled out their copyright enforcement lately. I haven't been hit by the usual suspects (Zvex, Fran, The Percolator Asshat...) or anyone in a couple of years there.
 
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A thread just like this gets started at least once a year. Sometimes I think about listing my Skeptical Buffer on Reverb just for something interesting to do. Assholes like this just want to be miserable.

Besides, his power supply blows. A regular power supply doesn’t need +100ma for a buffer. What’s next, does the dude have the ultimate tone power cable for sale?
 
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