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In an age of 3D printing, intellectual property battles loom

By | April 11, 2011, 9:42 AM PDT

What if you could replicate any object in the known world?

And what if that object was an original creation by someone else? How do you credit the inventor? How does that person get paid for his or her innovation?

In a smart article in Ars Technica, Peter Hanna writes that three-dimensional printers threaten to complicate the enforcement of intellectual property law.

If you’re unfamiliar with them, 3D printers use a digital file — either a master design or a scan of an existing object — to progressively deposit, much like an inkjet printer does in two dimensions, layers of material such as plastic or metal. Once the layers are complete, they are fused together, and the fabricated object is hardened.

That’s right — there’s no carving necessary.

As you might suspect, a 3D printer threatens patents, copyrights and trademarks just as much as the two-dimensional printer threatened them on the printed page.

There’s not much to argue about in terms of the actual IP owner. But what about enablers?

Like hosting digital music files, which are often studio-perfect copies of recorded audio or video, hosting 3D design files for the public to access could be a lawsuit-attracting proposition.

For now, 3D printers are far too expensive for the average person to bother with. But it’s not far-fetched to imagine your young daughter one day printing out the not-yet-released Barbie she’s been lusting over — or for you to print out that Eero Saarinen chair you’ve always wanted — for pennies on the dollar.

The next Napster? Copyright questions as 3D printing comes of age [Ars Technica]

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Andrew Nusca

About Andrew Nusca

Andrew Nusca is editor of SmartPlanet.

Andrew Nusca

Andrew Nusca

Editor

Andrew Nusca is editor of SmartPlanet and an associate editor for ZDNet. Previously, he worked at Money, Men's Vogue and Popular Mechanics magazines. He holds degrees from the Columbia University Graduate School of Journalism and New York University. He based in New York but resides in Philadelphia.

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Andrew Nusca

Andrew Nusca
Andrew Nusca does not hold any investments in the companies he covers.
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RE: In an age of 3D printing, intellectual property battles loom
Then what happens is that the market evolves and the designers will no
longer sell the objects, they will sell the mapping files much in the way
they are now selling e-books.

In any case, we are still far and away from duplicating beyond the
simple form of an object. We are still light years away from star trek
duplicator tech or even simpler tech of "printing" out a computer chip.
(Or even something like a refrigerator).

What is more likely is that stores will have the replicators in stock
since the base cost makes zero sense for a normal consumer.
It will make sense for the instant gratification crowd who wants the
custom colors, etc.
Posted by richard233
12th Apr 2011
0 Votes
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3D Printer
3D printers are good for fairly rapid prototyping. Contrary to the end of the article that states that 3D printers are too expensive, there is a kit available at http://www.makershed.com/ProductDetails.asp?ProductCode=DSMB01. This product is not that cheap unless you compare it to commercial units that cost tens of thousands of dollars. The link gives good information about the process to print 3D.
Posted by sboverie
12th Apr 2011
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Interesting argument. And in all likelihood it will happen.
Although the technology is still years off from being the kind of
patent/copyright threat suggested, it's still a real threat that may
be happening sooner than we think.

After all, if in 1980 you had told any record company executive
that in less than 15 years, millions of people would poses
technology that would make it possible for them to produce
countless flawless and identical copies of any record, they would
have scoffed at the notion. And yet we all know what happened.
(For the record industry, it was even worse than that person
might have imagined)

Now it won't just be printed material, music, and video that will so
easily be copied, but practically anything. If we think that our
patent and copyright laws were lagging in dealing with how to
protect and permit "fair use" of existing media forms, how in the
world are governments going to address this?
Posted by JohnMcGrew@...
12th Apr 2011
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3D printing printed objects - remember the impact of 2D printing?
As I understand these things, I can't charge a royalty for you making a copy of my invention - in fact to get patent protection I have to publish the invention in sufficient detail that someone practised in the art can make it.

I can charge you a royalty if you sell it.

I can't charge your local store for selling the hammer and chisel with which you make it -

Or the numerically controlled lathe or milling machine.

Or the software that turns my engineering drawings into the instructions for making a mechanical part.

If my invention is socially useful, there will be a mass market for mass produced versions of it, and I get royalties from their sale. But there is now a competitive limit to t he royalties I can charge. The mass produced article with its royalties now has to cost less than one you print for your own use.

If a 3D printer can make a single copy of my invention as cost effectively as a mass production enterprise, my invention is as commercially useful as a folded origami invention.

Mostly that won't be possible. Mass production of identical products has intrinsic cost saving opportunities.

So 3D printing seems like a good deal for society - reinforcing rather than eroding the objective of the patent protection laws, which is to both reward the inventor, and encourage the competitive exploitation of th invention. It adds a renegade competitor to limit the effectiveness of any cartel.
Posted by PassingWind
12th Apr 2011
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RE: In an age of 3D printing, intellectual property battles loom
@PassingWind - good points.

This argument is no different than any other IP discussion, IMO.
3D printing is just another way to re-create something.
Hammer/chisel, milling/CNC machine, injection molding, metal
casting, etc. are the more traditional ways of reproducing other's
products and designs.

And even if the 3D printer comes down in price, is everyone
going to have a 3D scanner too and/or be a competent at 3D
CAD? Doubtful.
Posted by bubbatex
12th Apr 2011
0 Votes
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@bubbatex, you can say that today...
...but in 15-20 years? Who knows? Like I suggested above, 15-
20 years ago, how many people would have accepted the idea
that by now for a couple of hundred dollars, most people would
own personal devices capable of downloading, storing,
processing, displaying and distributing high-definition audio and
video content? And even do it wirelessly? Most people I knew
would have considered the notion absurdly futuristic, and even if
possible, insanely expensive.

Considering recent history, I think it would be foolhardy to dismiss
the possibility completely.
Posted by JohnMcGrew@...
13th Apr 2011
0 Votes
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BTW, "3D Printing" isn't new either...
...as I recall seeing a demo of the technology about 20 years ago. (I
even have a token paperweight created by the technology
somewhere here in my office) To be certain, the tech back then was
crude and very expensive by todays standards, and of limited wide-
scale use.
Posted by JohnMcGrew@...
13th Apr 2011
0 Votes
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3D Scanner
@bubbatex, Yes, you can get a 3D scanner. it's called a Digital Camera. You need shots from several angles, then the software can make the object photographed.

However, 3D printers (which currently range from $1,500 to $4,000 for hobby scale units) currently work with soft materials, and build the object slowly. The finished product is not really smooth. It needs finishing. The printers are used mostly for prototyping. They make an object that can be used to create a mold.

There is even one that makes the object using "easy cheese". It will make dishes you can eat!

Units are being worked on that can use biodegradable plastics. Recycling is also in the future. However, the energy costs of using this technology to make things like a car engine are prohibitive.

I am sure that in the future, you will be able to download files that will make almost any kind of plastic part. However, you will probably have to pay for it, or design it yourself.

Legal issues usually follow about 20 years behind the widespread use of any technology. This issue won't be settled until around 2040.

Patents are intended to assure that the inventor gets paid, not that the inventor becomes a Billionaire. Rates will be reasonable, or there will be another invention. Patents protect ONE implementation of an idea, not ownership of any related idea. After all the dust settles, that is where we will be.
Posted by YetAnotherBob
14th Apr 2011
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