apparently Davis have a patent on either SPI communication protocol, or Dataflash chips, I didn't know that, thanks for pointing it out.
I have made sure that this will not work with WeatherLink software, even though I now know how to. This is to prevent software piracy, which has previously been a problem.
I'm sure Davis have been following this thread, and as of yet have received no contact.
I'm sure the datalogger is patented by Davis. But unless you cloned theirs, yours is an new way of doing the same thing. Unless the datastream from the connector on the back is copyright (like National Football League broadcasts, I don't think possible) then you are just using what you found, like DeKay with the wireless ISS data in his console project. But if there is a patent on the protocol, then you can't create a new invention that creates it or uses it like an open standard. If it was scrambled using a proprietary (trade-secret) method, then you would need their license to use it, like cable-tv signals. If the chip is commerically available without restricted use, then that shouldn't be a problem, as when you patent a chip, you can control it's use through specific language in the patent. For example, if it says "this chip is for logging the davis protocol" then they wouldn't be distributing it to the open market. If the patent says "this chip can be used for logging" and they make it publicly available, you can purchase and use it for your own logger, just not clone/counterfeit the chip. You can't patent a broad use, it has to be specific.
So, unless the answer to any of these questions is yes, you are probably in the clear, otherwise you will need a license from the patent holder to distribute/sell your derivative invention. By the way, if you wanted patent protection for your NEW improved device, the clock is ticking. Under US and EU laws, you have one year from the time you made it public to apply or it becomes public domain.
- Is the protocol patented?
- Is the datastream claimed under copyright?
- Does the patent on the chip list specific intended (controlled) uses?
- Did you reverse engineer any portion of a patent by deconstruction of a licensed product?
- Did you have access to any resources or proprietary materials belonging to the patent holder?
Note, this is not legal advice. Consult an attorney for that. I'm probably making all of this up. YMMV. Yada yada.
If I HAD to buy the Davis one, I would have bought the OS WMR200 instead due to lack of funds. So actually Davis have already gained form you.
Brilliant example of free-market capitalism.
