They are buying retail units and modifying them one by one. So they don't need Denon's permission at least in US (first sale doctrine).
The first sale doctrine in US says that once you buy a product, you can do with it as you please. That is how Netflix buys discs and then rents them despite the wishes of the studios. The law is not that way in Europe so this defense won't hold there.Amir although arent they technically using Denon IP (wonder if any patents associated with their engine - they do have some digital related patents but not sure if in their AVP) in their own product that they then sell?
It is a different situation. In this case, Denon made its money when Sim bought the units. So even if they win on any kind of claim, their damages would be zero since every Sim sale is also a Denon sale.I think legally that is a tricky area even if they purchased retail units, not quite the same as selling still branded Denon "upgraded-modified" product.
Just my take on some of the bitter/acquisition telecom patent/IP wars (beyond Samsung/Apple).
I actually think they made a smart decision here. High-end companies simply cannot design their own HDMI products. Here is a post I wrote on this topic:I do take issue with the article though, so they classify what Simaudio has done in this one instance and label that as the general audio high end world with their: "The larger question, which I’m sure will spin rampant in the forums, is what this says about high-end audio in general".
Not all companies are equal in high end world (although this is a shocker considering the good reputation Simaudio has developed with stereo audio), and this goes back even to the early days of dubious boutique companies that liked to label themselves as the equivalent to high end back then.
Idiotic senior management decision when one considers their usually superb engineered electronics; thought they would had learnt what happened to another company that "rebadged" the Oppo
Cheers
Orb
Bringing us full circle, I look at the Sim Audio and say, hmmm, that is pretty clever. Get the guts of the retail units and add your value outside of the HDMI. The customer will get a reliable HDMI implementation courtesy of Denon and the high-end tweaks courtesy of Sim. I would happily carry such a product knowing that aspect of it. So what is considered a negative in this thread and article is a huge plus. Now, is this a way to do business? No. Ideally you would have your own design and full control of your destiny. And that way you can implement the latest flavor of room correction, 4K, etc. But with HDMI that is generally not meant to be. The business model of the ecosystem excludes this otherwise normal development path.
It is a lousy situation. They are literally without a solution. As you can imagine they don't want to take the gear back either. So be prepared for lots of "try this, try that" and blaming it on the other box. We have an HDMI analyzer but no one in the dealer channel has one (it costs thousands of dollars) so finger pointing will work for them. Imagine calling Comcast and complaining that your no-average-person-has-heard of brand doesn't work with their box! In our case, we took them all back and fought to get a refund and replaced the units with another brand. Customer complained about the aggravation and lost sound quality (the faulty units had better room correction).Amir,
How does this situation affect support and warranty claims?
Good point. One of these major brands should sell their HDMI/video subsystem to these guys. Alas, they think they are all "competitors" and culturally hate to collaborate with them.Denon should use this to their advantage. Must be nice to see some of the best brands in the business use their products.
The only time I'm familiar with a joint venture is the Combak Reiymo cd player from a # of years ago that was a collaboration betweenGood point. One of these major brands should sell their HDMI/video subsystem to these guys. Alas, they think they are all "competitors" and culturally hate to collaborate with them.
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