3D printing could trigger intellectual property wars, legal expe...

https://readability.com/articles/aefgdxor

networkworld.com

3D printing could trigger

intellectual property wars, legal
expert says
by Colin Neagle July 16, 2013 2 min read original

If 3D printing fulfills the potential that some have predicted for it, the
technology could plague some businesses with the same intellectual
property nightmares that struck the music and film industries after the
introduction of Napster, according to one legal expert.
John Hornick, a partner at Finnegan, Henderson, Farabow, Garrett &
Dunner law firm in Washington, DC, said at the recent Inside 3D Printing
conference that 3D printing could bring the demise of intellectual
property for companies that sell unique, manufactured objects that can
be easily reproduced in a 3D printer.
[ALSO: 3D printers: Not for the average consumer
The year in 3D printing (so far)]
Take, for example, a toy manufacturer. One consumer can buy one toy,
bring it home, use a Microsoft Kinects 3D-scanning capabilities to
obtain a design, enter that design into a desktop 3D printer and create
multiple, identical copies. This means that one person with a 3D printer
could control sales for an entire city block after making just one
purchase, selling knock-off Tonka Trucks on street corners the same way
people sell bootleg DVDs today.
If you can print the dump truck at home, it doesnt have to be a Tonka
[brand] dump truck, so that disrupts the market for the trademark issue
as well, Hornick said at the event.
Of course, businesses are already aware of the potential, and threats, of
3D printing. But at this point, its unclear what they will be able to do

1 de 3

19/06/14 17:00

3D printing could trigger intellectual property wars, legal expe...

https://readability.com/articles/aefgdxor

about it, Hornick said. Similar to the unsuccessful, and occasionally

unflattering, attempts by the Recording Industry Association of America
(RIAA) to stem music piracy with litigation, manufacturers will have
trouble policing illegal counterfeiting after the introduction of at-home
3D printers.
IP will be ignored, and it will be impractical or impossible to enforce if
you can print things away from control, Hornick said.
Even the potential solutions to these issues pose their own legal
problems. To counter what Hornick called counterfeiting on steroids,
manufacturers could embrace 3D printing and begin selling protected
design files instead, allowing the customers to print legally obtained
products on their own. But, in that business model, retailers may have
trouble protecting themselves from legal claims involving the products
after theyve already been printed. Even when using the right design, not
all products created in a 3D printer come out perfect. Hornick pointed to
a bicycle helmet as an example. If a company sells the 3D print design for
a bicycle helmet and it breaks while in use, is the company legally
responsible for any bodily harm or medical bills?
Historically, transformative technologies have presented wide-reaching
legal issues as they become mainstream. The 1984 lawsuit pitting Sony
vs. Universal City Studios, otherwise known as the Betamax case, saw
the U.S. Supreme Court rule that the use of VCRs to record television
broadcasts would not cause infringement. Similarly, in 2011, the
Recording Industry Association of America sought $75 trillion in
damages after winning a copyright infringement claim against
file-sharing service LimeWire. Although the judge overseeing the case
denied the request, calling it absurd, the case represented the legal
complexity of the previous decade in the music industry.
There are those who believe that the current hype around 3D printing
will far exceed the reality over the next few years. Even after authoring a
report predicting that the price of enterprise-grade 3D printers would
drop below $2,000 by 2016, Gartner research director Pete Basiliere said
that he doesnt think the technology will catch on with consumers as
widely as some expect.
However, Hornick believes that the excitement is too high for the
technology to be ignored anytime soon.
2 de 3

19/06/14 17:00

3D printing could trigger intellectual property wars, legal expe...

https://readability.com/articles/aefgdxor

Whether its this year or next year or any year after that, these are going
to come into homes, and things will change a lot faster, he said.
And while some have pointed to the advantages of traditional
manufacturing for mass production, Hornick said consumers may not be
too concerned with that.
They also say 3D printing will never be able to reach mass-production
scale, and maybe thats true, he said at the event. But I dont think it
matters, because if you can make what you need when you need it, then
mass production wont be needed.
Colin Neagle covers emerging technologies and the startup scene for
Network World. Follow him on Twitter @ntwrkwrldneagle and keep up
with the Microsoft, Cisco and Open Source community blogs. Colin's
email address is cneagle@nww.com.

Original URL:

http://www.networkworld.com/article/2168167/software/3d-printing-could-triggerintellectual-property-wars--legal-expert-says.html

3 de 3

19/06/14 17:00