Right, because they are
technologically insignificant.
You must be incredibly selective in your misplaced outrage, in that this is the fundamental way that all technology advances.
I can scarcely think of an exception. Certainly not with some stupid, primitive dirtbox circuit that itself is nothing but an insignificant tweak on several hundred previous designs.
Never mind the SMT conversion of that circuit is a significant technological advancement that would pass the Reasonable Man doctrine even if it were under fishy trade-dress protection of unpatentable circuitry.
Sure, absolutely.
No, I'm suggesting that
the social intention of American patent law is correct. Mere "good ideas" that are derivative developments of previous work no longer under patent are the property of all to do with as they wish because this serves the common weal. Products become cheaper, more accessible, more rapidly developed and otherwise have a faster effect on society's improvement.
This isn't a mistake, it isn't a "loophole"...it's the way it's
supposed to be.
Believe me, I'm glad I don't have to spend a dollar or more per pill for ibuprofen as I would have if the formula was still under patent.
What amazes me is not so much that musicians are too impenetrably dense and technologically ignorant to get this, but that on top of everything else, they make a wrongheaded argument that's blatantly against their
own interests.