Court hearing in Bern: PANArt – “We have created something that looks like it sounds, and sounds like it looks”

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The two days in court last week in Bern were very exciting. Personally. Finally, (almost) all characters and protagonists of ‘this story’ have got faces, voices and bodies. I am grateful that it was possible for me to attend the court proceedings – without a filter. With my own senses. It was very instructive and left a strong impression on my perception……

For the moment, I will limit myself to making just one quote that I wrote down in the courtroom available here. namely one that hopefully enable better mutual understanding and rapprochement. Because, and this is hopefully clear to everyone involved – without the honest will and serious effort to understand and recognize the “opposite side”, this conflict will never end.

“We have created something that looks like it sounds, and sounds like it looks – it touches. And yes, we are proud of it”

Thats a quote (written down to the best of my knowledge at the hearing) from Sabina Schärer from PANArt, which impresses me – because it simply summarizes what I feel when I have these “sounding UFOs” lying on my lap in order to interact with them.

The work and creativity that was necessary to create those ‘Soundsculptures’/Instruments cannot be valued highly enough and deserves the greatest recognition in my understanding. I feel big respect – never ever devaluing the extraordinary as banal, but also without paying homage to any egos.

Also because “my own personal world” (idealized, yes, but worth striving for) has no place for the idea of “my own idea that belongs to me”. At least I had all my ideas because I met hundreds of people before who inspired me. ‘We are all One’ – this is not a hippie saying for me, but a deep and simple truth.
But seeing – or watching – how supposedly good ideas are “abused” from one’s own point of view is of course a challenge. for everyone.

What really surprised me personally was that the HCU presented a so-called ‘8+1 Handpan’ in court as a comparison to the Hang®. This trial was exclusively about the visual difference in shape between the original Hang®, which, as is well known, is only available in an ‘8+1 layout’ without bottom notes or a ‘mutant layout’, and the handpan. I myself would have expected the HCU to present a ‘Mutant Handpan’ with bottom notes to the court. Such a Handpan would have been immediately recognizable to even laypeople as clearly distinguishable from the Hang® in terms of shape and appearance. When I inquired about this, HCU members simply told me that << 8+1 is still a concept and should not be protected by copyright… >>

What I personally found very clumsy, disrespectful, and, on top of that, downright unpleasant was that the HCU lawyers from Bird & Bird repeatedly and literally referred to the Hang® as a ‘trivial, purely functional invention‘ during the proceedings. It goes without saying that such statements do not necessarily create a good atmosphere at PANArt.

I personally believe that if the HCU in Bern had presented a ‘Mutant Handpan’ with bottom notes, there could have been a good chance of reaching an acceptable settlement with PANArt – for example: 8+1 handpans only as an Impex Ding design, or a mutant layout with bottom notes and an Apex Ding. Despite the ‘8+1 presentation’, PANArt offered to make peace in Bern if it was agreed that the ‘Ding’ (Centernote) of Handpans would only be manufactured as Impex, i.e., curved inwards and not outwards. However, as is well known, the HCU rejected this offer. I myself found this offer surprisingly good and even friendly on PANArt’s part – especially in light of the emerging legal situation.

Only time will tell whether rejecting PANArt’s offer was a mistake. I have personally played Handpans with ‘Impex Ding’, e.g. the legendary Halo’s from Pantheon Steel. They sound wonderful and are a lot of fun to play. But personal preferences are not up for discussion because they are subjective.

It would be a shame if something as beautiful as the Hang and many of its descendants were not finally allowed to enjoy times of peace. It really is time for.
I wish nothing but more mutual understanding and peace. Thats all. Life would be much easier.