Comment by codedokode

5 hours ago

But technically the guitar does not have to have a shape of a strat. It could be any other shape, why not be creative and make your own design?

FMIC likely cannot even properly identify the allegedly protected shape of the Strat because they sell multiple Stratocasters that have different body shapes and proportions. They may simply not be able to say "it's this thick", even, because they sell Strats with different thicknesses. They might not be able to say "it has these body contours" because they sell flat, edge-bound Stratocasters. The list goes on.

Plus, FMIC may not even be able to prove that they legally own any rights that do exist! It's not at all clear they acquired the long-lived rights from Leo Fender when he sold to CBS; they only secured a ten year agreement not to compete, and the design patent they had on some aspects of the body shape would have expired in 1969 or 1970.

The body shape is in the public domain in the USA; it has been for 17 years.

Part of me thinks that they are insane and part of me thinks they want to be acquired because they have debts.

  • This is exactly the argument that the lawyer for LSL guitars is making - who happens to be the same lawyer that beat Fender back in 2009 on behalf of the USPTO and cost them the copyright in the US :)

    (Absolutely baller move for LSL to hire that guy)

    • FWIW I think if it is true they also sent a letter to Ibanez — presumably about the AZES, which is the only thing really close — then that is where it gets interesting.

      Because the AZES is clearly a double-cutaway S-type guitar shape, but it is just different enough to spot. And that then raises the question of whether Fender's own variations are as noticeable, because one of theirs has an AZES-type top cutaway.

      This is when the penny dropped for me on that first point — when I read last week they had sent a letter to Ibanez.

      Fender's weird CEO did say it's "not about all double cutaway" guitars. But if it is about a PRS and it is about an Ibanez, they are going to have to get somewhat specific about what they are claiming.

    • Yep. Brutal.

      ETA: I reckon Fender will fold, because I think the second point is entirely possible. If CBS could have stopped Leo Fender selling S- and T-type body shapes entirely on the basis of what they owned, why did they only secure what amounts to a non-compete agreement?

      The big risk for FMIC is in discovery on this point, I reckon. It will do a lot of harm to their reputation if it turns out they have been properly advised they have no claim and they've gone ahead anyway.

  • Maybe the law should protect creative part of the shape (that doesn't affect the sound)? I do not know but I think that designing a good instrument is not easy and it is not cool that someone can just copy it without doing any work.

    • That is effectively what Fender are claiming they now have in Europe (off the back of a case that was not even argued because the vendor didn't turn up).

      One key thing here is that the Stratocaster did have a design patent attached, and when your design patent expires, that's it; none of that is protected.

      But the guitar was designed in 1954 (and indeed the body shape in 1951, fundamentally, because the Fender Precision bass guitar looked like that first). So the design patent was gone by 1970.

      At the time, US copyright did not apply to functional shapes, and most of the core aspects of the Strat shape are actually functional — cutaways and sculpting.

      Manufacturers like Schecter were making guitars with an S body shape by 1979. So this isn't new, and it is weird.

Ergonomics. Any solid-body guitar that's designed to be comfortable when played sitting or standing will converge on a strat-ish body shape. You can make a computer mouse in any shape, but the shape of a comfortable mouse is constrained by the shape of an average human palm.

The various curves and bevels on the Stratocaster aren't arbitrary aesthetic features, they're affordances to fit the human body. Change them too much and you get a guitar that won't balance on your knee or that pokes you in the ribs or that limits your access to the high frets.

Ola Strandberg set out to design the most ergonomic guitar possible. His design is both radical and basically derivative of the Strat, because Leo Fender happened to find something close to the perfect solution in 1954.

https://strandbergguitars.com/en-GB/product/boden-essential-...

  • But, for example, are those horns (?) necessary for ergonomics? Do the potentiometers and output jack have to be positioned like that? Does the pickguard has to be the same shape? I do not think so. Les Pauls have different shape and are pretty popular too.

    > Ola Strandberg set out to design the most ergonomic guitar possible

    It looks somewhat ... not how you expect the guitar to look.

    • > But, for example, are those horns (?) necessary for ergonomics?

      More or less, yes.

      If you "fill" the cutways on a Strat you have a typical guitar shape.

      You want the upper horn there or somewhere near it because the upper strap lug needs to be about there for balance, but some players (especially those with bigger hands) will want their thumb to be free from being blocked by the top of the guitar while they are playing the higher frets, so there's a cutaway. You then want the lower horn to have some of the classic shape below it if you want the guitar to be playable sitting down.

      The slope across the top corner of the Strat beyond the bridge is there so that players (in particular guitarists who wear their guitars a bit higher with the fretboard pointing more upwards) don't have the upper arm of their right hand leaning uncomfortably across the edge of the guitar.

      Some of these elements were protected by Leo Fender's original design patent, I think, but I can't remember which.

Because strats sell. Oddly shaped guitars don't, or at least not for a long time, and would never break into the top 10 best selling guitar shapes.

  • To be fair there is nothing in the shape that makes it sound better than other guitars; so it is not like those modem chip makers or video codec developers that patent the only optimal way to achieve the goal and prevent anybody from competing. Fender does not prevent anyone from making a better guitar. So I do not like copying. It would be better if everyone used their own unique shape rather than something from 50s.

    • The argument has nothing to do with the sound. A strat style guitar is characterized by:

      - Flat top

      - Solid body, typically softer/lighter woods

      - Bolt-on neck (as opposed to set or through-body)

      - Double cutout (as opposed to single/no cutout, V, or other irregular shaped necks) with a longer cutout on top compared to the bottom

      - Carved cavity in the top of the body

      - "Loaded" pickguard (electronics mounted to it, instead of the body)

      - Straight jack mounted into the pickguard

      - "Tummy tuck" carved in the back

      - Fat/flat shaped bottom of the body like a tele, as opposed to rounded like an LP.

      All of these are functional properties of the guitar that have tradeoffs and benefits compared to other designs.

      You can have two strats sound completely different but look identical to the untrained eye and the reason for preferring the style has a lot to do with the weight of the instrument and how that weight is distributed when playing standing, and how the body fits in your hands/arms and against your body. There's an argument to be made that the strat is near optimal for comfort in playing.

      If you look at competing designs that (PRS McCarty, Ibanez, Schecter, Gretsch - basically anyone) the specific curves may be different but they all look like a Strat because it's genuinely hard to design a different body that feels the same.

      The St Vincent signature is one style that I think needs to get more popular but it's not for everyone.

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  • But I think people who want to buy a strat, would prefer to buy a Fender strat and not a cheaper copy that has the same shape but might sound worse?

    I personally do not like the price though.

    • OTH people who want to buy strat would prefer to buy "strat with all inherited problems already fixed", be it PRS silver sky, or any boutique brand like LSL / Sandberg / Suhr / Tom Anderson.

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    • A lot of it is also the history associated with all the strat cats from the 1950s onwards and really good marketing by fender, you're buying a real strat because you want to be in that company (Buddy Holly to Gilmour etc). I recall only wanting a strat when i was in my wannabe-yngwie phase. nothing else would fit.

    • I'm looking at buying one now and as far as I can tell Fender seems to make shoddy quality instruments these days. I see a lot of recommendations for PRS and others.

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There's an article related to the headline linked at the top which explains it.

"The upper horn ensures perfect balance, the cutaways make it easier to play in the upper registers, and the contours of the body increase playing comfort. The shape of the Stratocaster was created to provide musicians with the most functional and ergonomic tool possible.

This is exactly why it has been taken up, developed further and reinterpreted by luthiers all over the world over decades."