I sort of understand where you are coming from and don't mean to be argumentative or anything but I still stand by my point that the modeller is MORE like having the AMP than the KPA is. The modeller aims to MODEL the entire circuit of the amp and is based on the actual amp's design which the manufacturer has a valid right to protect. However, the KPA is a snapshot of "the entire signal chain" in that respect it is more like a CD (could have said vinyl but that would really show my age ). The recording captures the SOUND without any concern for how it is produced. The KPA captures the TONE without any attempt to replicate the way it was originally produced. That's a very significant philosophical difference.
I agree, and I disagree.
While I agree that the modeling approach comes closer to the text book definition of a patent violation, I think that there are some significant points to make about this.
First,
No one makes Axe vs Real Amp comparisons where you can't tell the difference between one and the other (at least I haven't heard any). No one says that the Axe doesn't sound good (or great even), but rarely do they say they can't tell the difference between the Axe and their Mesa IME.
What this suggests is that while (in theory) a digital version of the real circuit should provide the same output as the real components, it is currently failing to do so convincingly. Note, again, this isn't to say that modelers sound bad, they just don't sound exactly like the amps they are modeling the way a good Kemper profile does.
In real life, the tube amp ends up having unique sonic qualities that the modeler doesn't capture.
Second,
There is no way a tube amp maker could successfully sue a guitar modeler company and win. Using a computer to make sound is always going to be a completely different thing from making a hard electrical circuit to do it. No jury would ever rule any different IMO.
Third,
Kemper's approach (which by the way has been taught to every electrical engineer for the last 50 years), is simply better at capturing a specific amp setup convincingly. The real problem tube amp makers have with Kemper is the level to which it succeeds at sounding ..... exactly like the real thing.
Please note, that Kemper isn't perfect. It isn't the real thing. It doesn't behave like the real thing does to changing channels, adjusting gain, or a plethora of other settings that various real tube amps have adjustments for.
Ironically perhaps, the modeling approach should have an advantage here and be more able to react to controls the way the real amp would. It has been my experience that real world applications of the Kemper are simply easier to achieve and work with.
..... but I digress from my own primary point. Kemper and Axe Fx offer features that real tube amps don't. They are lighter, smaller, and infinitely more flexible than a tube amp setup with a pedal board. In other words, they are a better gig machine in every possible way when compared to a tube amp.
The one exception to this rule (and it is a big one), is that you can get into a really good sounding rig with a 1x12 tube amp combo and a hand full of pedals at a fraction of the price of either a Kemper rig or an Axe Fx rig. It won't be as flexible, but for way less money, you can get a really nice sounding rig you can gig with this way.
I wonder if this will be the case in 10 years though.