intellectual property right is infringed only if the invention is patented assuming the same is patentable. Though no proprietary right can be enforced over an invention which is of public domain, any person who enters into a Contract for a Piece of Work
with prohibition to make the same commecially available binds him (contract stands as the law between the parties) and may expose himself into a suit for breach of contract, thus may be liable for damages.
you may ask if the contract for a piece of work with prohibition to make the same commercially available is valid?
The Civil Code of the Philippines provides that the contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. The prohibition is definitely not contrary to law as the invention is not patented. morality, good customs and public order may not be an issue in this case, however, it
may be against public policy to prohibit someone to create or even invent merely for purposes of enhancing an existing invention save ofcourse those which are fully protected by law on patent.
brushing aside all the legal implications in this issue of imfringement of intellectual property right, i agree on the gentleman's statement that "we do not believe in contracts, just word of honor" but reserve my objection on the statement "not to believe in lawyers".
paano naman ako?
The other gentleman stated too that "We are not marketing this speaker and it is for display purposes only." Let it remain that way. we support you for upholding the true mark of a gentleman, to wit:
palabra de honor.
peace to all and more power to all the members of pinoydvd.