There's a lot of clones of more expensive stuff out there now. Most of them are obviously stolen ideas. My question is, how do they get away with this? Aren't any of these devices patented? Sigeli is doing A LOT of clones now which is why I don't like them. It'd be nice if they game up with their own ideas. I know the creators of these high end devices are completely against clones, but why don't they do anything about it?
Stop and think about what your saying for a moment. If ideas and knowledge where finite, tanglble property then every time a car was designed, someone would need to reinvent the wheel. That is not an exaggeration.
One of the reasons this industry has exploded with constantly changing (usually improving) designs and concepts is that it hasn't been burdoned with lengthy legal battles that amount to little more than "he who has the deepest pockets, wins". 70% of court cases are over patents.
A new startup can be sued out of business, even with a lawsuit tossed out in the end as "fivolous", before they can get going - and for some companies, it's a
way of doing business that eliminates the competition. It's a mess. And that is what you'd like to see emulated within the ecig industry? You'll probably get your way since I have a hunch that's part of the push for BT and BP to reign in the marketplace using legislative and regulatory controls.
Recently (this month) a company by the name of
Imperial purchased (I'm sketchy on the details) the first ecig maker - and holder of the patent for the 510 connection. The original company did not pursue violations of their patent, but Imperial has a history of defending it's patents. Picture that. Every single ecig using a 510 connection could be hauled into court for violating that patent. Some small manufacturers will likely go out of business. It has happened
before.
There is also no obligation to defend an unused patent immediately, thus manufacturing companies may produce the patented product for years until the patent troll sues them. For example, the JPEG format, intended to be free of license fees, was subject to two patent attacks, one by Forgent Networks during 2002–2006 and another by Global Patent Holdings during 2007–2009. Both patents were eventually invalidated based on prior art, but before this, Forgent collected more than $100 million in license fees from 30 companies and sued 31 other companies
What would the ecig market look like if everytime one was designed, they also had to design everything from scratch? No 510 connections, switches, clicky buttons, screens, on an on.
It's really the concept that information, knowledge and ideas are NOT available for all to use is the NEW idea that's being pushed, and sold to us. Not the reverse. There is a market for high end mods that do research and development and a market for lower end mods - however, with 90% of all manufacturing coming from China, the ecig market has largely been evolved from what used to be considered "low end". It appears they do their share of research and development too, including Sigelei.
The design asthetics of the ZMax were clearly modeled after Provari, but ZMax's internals were completely different (vv/vw, OLED, etc). Did it hurt Provari? Probably not. Yet the ZMax did give Provari some competition, and Provari responded by changing their design. I personally think that's healthy. People who are attracted to Provari features continued to buy them and people attracted to ZMax probably got a slightly better device by attempting to emulate the Provari. Sigelei probably created another class of buyers who were attracted to both and due to "cloning", many were able to purchase both.
Do you honestly think buying mechanical clones are hurting the business of expensive mods they are cloning? Look at how many own $20 mechanicals. Would they own any if they had to pay $200+ for the original Phillipine version? However I bet a fair share introduced to mechanicals through the $20 clone version, will end up wishing or actually buying the more expensive original at some point in time that they would have never been exposed to without the clone.
Patents, trademarks, copyrights have a place but for the most part they are an EXCEPTION and not a "right". None of these clones are attempting to defraud the public into thinking they are the original item (usually). Clearly those that are "faking" it, claiming to be the original when they aren't is wrong - but that's not the typical clone.
There are also some cultural differences involved between traditional US manufacturing (which has gone the way of the dinasaur) and Chinese manufacturer. One is extinct and the other is thriving. Which one is more adaptable to the 21st century? Chinese factories are rented out by the day. If you scan Alibaba there are a lot of shared factory addresses and multiple factories are authentic "Siegeli" or "SMOK-TECH" or "Siegeli/SMOK" manufacturers. It's possible for a company to rent a factory after a "Siegeli" run has been made and use the same tooling, materials to produce a clone under a different name. Sometimes workmanship is better and sometimes it is worse. But for us in the US who are familar with all items being produced in a single plant and only that one plant, it is very confusing. Companies like Vision buy from a multitude of different manufacturers - I think at one time I heard there were 12 plants making the Vision Nova, and there's a good chance there were more. Vision is actually more of what we think of as distributors - and I love my 1300mah Spinners.
Look at all the ego batteries. I think the industry would have been stagnated and harmed if Joyetech had pursued patents against all those. Everyone knows what's "real" an what isn't. Few are attempting fraud. If someone buys a Gucci bag off a street corner, do they really think they are getting a "genuine" bag? Yet the fact is that there have been tens of thousands introducd to vaping because of the availability of the $8 ego-like battery vs. the $40 geniune branded version and there's a good chance that $8 version has kept the geniune version from marking their product up even higher.
I'd hate to think of how much smaller the vaping community would be without access to cloning since cloning is one thing that has helped this industry evolve at the rapid pace it has. As it is, product shortages are still common place. If anything we don't have enough clones yet!