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Open Hardware Licensing
How do we go about licensing? Andrew Katz, Moorcrofts LLP
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Open Hardware Projects
Hyrban hydrogen car (riversimple.com)
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Open Hardware Projects
Protei (protei.org)
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Open Hardware Projects
Open relief drone (openrelief.org)
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Open Hardware projects
Looking for a Submarine Rocket Bicycle?
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Open Hardware Projects
RISC Processor core licensing Solderpad Networking hardware K80Z
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What is Open (Source) Hardware?
OHandA Four Freedoms: Freedom 0: The freedom to use the device for any purpose. Freedom 1: The freedom to study how the device works and change it to make it to do what you wish. Access to the complete design is precondition to this. Freedom 2: Redistribute the device and/or design (remanufacture). Freedom 3: The freedom to improve the device and/or design, and release your improvements (and modified versions in general) to the public, so that the whole community benefits. Access to the complete design is precondition to this.
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Why do we need a licence? A licence is permission to do what would otherwise be illegal
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What might be illegal Copying a design
Manufacturing an article from a design Copying one article to make another article Making an article which infringes a patent or registered design
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What do people want from a licence?
Ability to use design Ability to prevent others from misusing a design
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Misusing a design? Proprietary hardware Misusing = not paying
Open Source Hardware Misusing = not attributing (sometimes) =not sharing
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A licence grants permission...
...but subject to conditions
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Types of Condition Retain copyright notices, disclaimers etc
Must release derivatives under the same licence Copyleft/Share Alike Permissive/Academic
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Some problems with copyleft hardware licences
IPR impinges on software more frequently than hardware The boundary problem The “reverse engineering” gap There can be only one
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What's wrong with existing licences?
Creative commons – ok for documentation only GPL – misleading. We don't know what a “derivative work” is for hardware. Distribution doesn't require IPR licence. Apache – not a lot. Just needs to reference other IPRs (e.g. design rights, database right)
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Suitable licences Permissive – Solderpad Licence Copyleft – CERN OHL
Strong copyleft – TAPR (patents)
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Where are we now? CERN – we're discussing v1.2 Draft
Solderpad – projects are considering it We're also looking at a permissive version of CERN We're talking about a new version of TAPR
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Politics (in licensing, at least)
We're all getting on just fine! John Ackerman (TAPR) Myriam Ayass/Javier Serrano (CERN) Solderpad/APACHE
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Changes to CERN No reporting back requirement
No uniform design identifier :-( Compatibility with TAPR :-) Removal of choice of law provisions :-)
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Practical discussions?
How prescriptive should we be as to what is labelled “Open Hardware”? Should we distinguish 'between open hardware' and 'open source hardware'? How can this be policed? Eli Greenbaum – 3d printing design references (see upcoming article in NYU Journal of Intellectual Property & Entertainment Law for more information)
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Labelling Ideas (Tom Igoe) OHANDA
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Where are the discussions happening?
Open Hardware CERN (Open hardware repository) Solderpad OHANDA OSHUG Open hardware mailing list Open hardware summit mailing list
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Links http://solderpad.org/licenses/
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