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I have been wondering about possibility of another approach, which is limited to B2Cs. Since I am not a lawyer, I do not know if this can actually work.

Instead of manufacturing or selling the product directly, you open-source the design while maintaining the copyrights (or even patents-coverage if needed) over it. You now do contract manufacturing of the design for the buyer and set up the legal agreements / EULAs accordingly. While it is the buyer now who has the risk of being sued, the troll I assume is unlikely to go after every small individual customer.

You maintain the copyrights (or patents) on your design just to prevent your competitors from freely copying it, though you promise not to sue the buyer himself for this IP as usual in the agreements.

Does anyone around here think this is correct / feasible? Any lawyers here?




From my layman's understanding, this doesn't work. Just because you are building something as a work-for-hire doesn't immunize you from being sued, if you are violating someone else's patents in the process. You can have a contract with the buyer that says that the indemnify you in the event of a suit, but the way that works is that you still get sued and then you can go after the buyer to cover your costs when you lose or settle.

Again, not a lawyer, but this is my understanding.




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