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Are there really penal codes prohibiting duplication? (USA)

Having read the FAQ's you are still unfulfilled and seek more enlightenment, so post your general lock picking questions here.
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Are there really penal codes prohibiting duplication? (USA)

Postby WOT » 22 Nov 2006 20:13

Image

Statement like that is often blanketly stamped on blanks that are not protected under US patents.

Many universities claims "it is unlawful to duplicate university keys"

Tulsa OK, for example says:
"It is unlawful to duplicate a university key. Violators will be charged the cost of a lock change and will be subject to university judicial action." This does make it clear that duplicating a key is against the univeristy policy and results in university student conduct sanctions, but it does not even give a state penal code that prohibits the duplication of school issued keys.

So is it REALLY illegal, or are they telling you it is illegal even though it isn't, so you wouldn't copy it?

Is it legal to knowingly state something is illegal if it in fact is not?
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Postby UWSDWF » 22 Nov 2006 21:01

beyond the fact that this is some what questionable...
yes it is unlawful as there are patents in place so only authorized persons may copy them and then there are contracts between thoes person to only copy them if the person who wants them copied have suitable documentation.

so the moral of the story is don't be sketchy
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Postby SEVEN » 22 Nov 2006 21:06

Yes in some places it is illegal to copy keys marked do not duplicate allthogh I do not know any.Mostly it is just a request that has been asked of the key cutter.As you can get most key bows either engraved or embossed with what ever you like it makes little difference.As long as there is no patent on the blank I think most key cutters would copy it.But as the key is for a university some may be wary.U.S.A. May be differant but I think its a curtesy thing.If I were to make a copy I would request I.D. and keep a record.
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Postby UWSDWF » 22 Nov 2006 21:49

thats a BEST key it is restricted...
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Postby WOT » 23 Nov 2006 4:01

UWSDWF wrote:thats a BEST key it is restricted...


I don't believe Best standard key blanks are patented (A-R, DD) meaning anyone can sell blanks for them w/o infringing patents.

Schlage Everest blanks can not be legally manufactured by anyone else (well, until 2014), much like a any other patented goods can't be made w/o the license of the patent owner. Duplication of restricted keys is a patent infringement case.

Once patent expires, anyone's free to copy the blank.
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Postby Johnny P » 23 Nov 2006 4:21

Most of the BEST keyways are out of patent and llco, among others, produce after-market blanks.

Now, whether leagal or not under state and federal laws, a college, university or work-place can set their own rules and guidelines about people haveing their keys duplicated. If a student, for instance, opts to get duplicate keys made and is caught doing so by college or university staff, then the guidelines and rules of the college or university apply. It they say you have to pay for the re-keying of locks, then you pay. If they say you can be suspended or expelled, then so be it.

About the only keys to really be concerned with duplicating, if on a ommon keyway stamped DND, would be if they are also stamped US Post Office, US Navy, US Army, USMC, US Air Force, etc.

I believe ALOA's policy is let the customer know that their key is not restricted and stamping it DND if a common blank, does not guarantee the key won't be duplicated. Then go ahead and duplicate it unless it is a truly restricted keyway, such as Primus, Medeco, Mul-T-Lock, Bilock, Abloy, etc. which are truly restricted keyways until their patent runs out.
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Postby lokkju » 23 Nov 2006 5:19

simply based on patent law (though IANAL), if the keyway design on the key is patented, then it would make sense that as long as you obtained the blank, with those keyways, legally, then you can cut it however you like - though there may be a license agreement you have to sign to obtain the blanks, that restrict what you can do with them. I would think it would depend strongly upon the exact claims in the patent - does anyone have a patent number that I could look at?

Essentially, if patent law is what is holding you back, then it seems it isn't that you can't duplicate the key - it is that perhaps no one sells legal blanks (or, as above, there is some sort of contract in place).

BTW, my apartment key, which goes to some generic no name lock, has "Do Not Duplicate" stamped on it.
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Postby Raccoon » 23 Nov 2006 6:47

*heheh heh* penal codes

*eh heheh* IANAL

</bevis>
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Re: Are there really penal codes prohibiting duplication? (U

Postby Raccoon » 23 Nov 2006 7:02

WOT wrote:Many universities claims "it is unlawful to duplicate university keys"

Tulsa OK, for example says:
"It is unlawful to duplicate a university key. Violators will be charged the cost of a lock change and will be subject to university judicial action." This does make it clear that duplicating a key is against the univeristy policy and results in university student conduct sanctions, but it does not even give a state penal code that prohibits the duplication of school issued keys.

So is it REALLY illegal, or are they telling you it is illegal even though it isn't, so you wouldn't copy it?

Is it legal to knowingly state something is illegal if it in fact is not?


As I understand it, it is a federal offense to make or possess keys to a state or federal building (including state and federally funded schools). Our UNI stamps the same thing on their blanks, btw.
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Postby DaveAG » 23 Nov 2006 12:22

Could it be that "unlawful" refers to both civil and criminal law whilst illegal refers to criminal law only?

E.g. if I walk into a shop, buy a sofa on credit then default on my payments, I am acting unlawfully, and a court would order me to pay my creditors ( or go bankrupt if I can't ), but if I walk out with the sofa without paying for it I have acted illegally, and a court could send me to prison.

I would have thought that not duplicating keys issued to you would be a fair clause in the terms of the contract between a university and its students, and breaching this would be an unlawful breach of contract.

There is also a chance that due to government funding, university keys are like US Post Office keys, but I wouldn't know.
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Postby keysman » 23 Nov 2006 13:57

a quick search on Yahoo found this with lots of links attached

http://www.digitaltrash.org/defcon/lockpick_laws.html
Everyone who eats potatoes eventually dies. Therefore potatoes are poisonous.
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Postby WOT » 23 Nov 2006 18:35

keysman wrote:a quick search on Yahoo found this with lots of links attached

http://www.digitaltrash.org/defcon/lockpick_laws.html


It looks like California is the only state I know of now that has an enforceable law that prohibits the duplication. When you search the internet, you can see public universities in California often have a statement "duplication of university key is unlawful under Section 469 of CA State law". If the keys are meant for gov't facilities within the state boundary, stamp that reads "unlawful to duplicate,CA §469" would be a true statement.

Many other schools says "unlawful" ambiguously, but none back it up with the law that makes it illegal. Since the key blanks aren't sold exclusively to the Government of California, it doesn't make sense to universally stamp California law on blanks.

Is it lawful to mark products "it is unlawful to xyz" when xyz isn't really unlawful in most states in order to gain conformity in favor of the industry? Movies have "it is unlawful to duplicate blah" but there are penal codes that makes it illegal under federal law.
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