OSE Meeting: IP Legal Discussion and Education with Andrew Rens & Catharina Maracke
Contact - email@example.com
September 3, 2013
IP Legal Discussion and Education with Andrew and Catharina
In the meantime - interim protocol, including hardware under TAPR. We can relicense because of outbound agreement. Interim protocol plus longer process. Need repos and registry up and running.
Next: Andrew writes by - within a week for interim - language to address interim condition, and contacts Jennifer. Next is details for drafting committee - or the registry and requirements.
[10:30:55] Andrew Rens: http://en.wikipedia.org/wiki/SCO_v._IBM
[11:01:14] Catharina Maracke: at least their page is up again http://defensivepatentlicense.drupalgardens.com/
Duration - Length of the undertaking, for in terms of which people have to make available the documentation. Want the obligation to share is during the full term of the copyright is life plus 70 years.
Is there a dis
June 17, 2013
Copyright happens automatically (so with software) so the rights are given to you whether you like it or not. You can issue a license with the rights if you choose.
The same thing applies to art or creative work, you can place a creative commons license making it open.
Hardware is different, if you make the design of a machine (if it is in anyway different then any machine that has gone before it, then it is copyright on it, in the US if there is an esthetic design of the machine it will be copyright, BUT in the US the utilitarian piece of the design will not be protected.
You can also protect a design using patents.
If you create a semiconductor then you will automatically have a copyright for 3-5 years in the US.
Creative Commons License is great, but not entirely effective on its own. You can be sued under patent or design rights for using something under Creative Commons License.
What is needed is Creative Commons Licenses, that will have a caveat saying, if someone gets patent or design on their design they won’t sue the user of the design.
Analogy – Microsoft, Google get together to make a standard. SO, they have legal verbiage that protects each other from getting sued when trying to comply to a standard.
OSE needs to grant the Creative Commons License, but also say that if users comply to the creative commons license they the original designer will not sue the user under patent and design rights!
As soon as a machine is published, you have about a year to get patent and design rights. At the USPTO they search registries and prior designs, but they don’t search open source.
People routinely get patents over prior art…which should not happen. It happens when patent examiners give patents over prior art. SO, the legal verbiage is giving them assurance that when someone gets a patent over the prior art (which should not happen) the person getting the patent will not sue the user using the patent they should not have received in the first place.
Theoretically the improvements should only be patentable – correct
In practice, the prior art is patented – wrong, but reality
Inbound – whatever set of legal rights I give you
Outbound – whatever set of legal rights you pass on – need outbound rights for all out contributors
Some open source projects use Inbound = Outbound
Not a good idea for OSE because don’t know what the outbound license looks like! Because we need the assurances that users will not be sued. Andrew will assist us with this initial draft, but recommends 6-9 months to write a more thorough license.
Contributoragreements.org can customize the license for OSE and down the road (once tested) it can be available for more customization.
Andrew recommends, Jennifer Urban at Berkeley Law School, to assist us. Berkley Law School has a clinic to deal with IP. In September timeframe she can start to help up (possibly) – so more of a year from now…researched by many lawyers.
1) Licence from Andrew
2) Contributoragreements.org Licence - recommends OSE to write into the agreement that we are allowed to apply for patents if needed
3) Work with Jennifer Urban and her students at Berkeley Law School to create a more thorough license
4) Re-license everything under the 3) license
You can trade patents: Cross patent < this is a positive for applying for patents
Say you need 100 patents for your tractor
John Deer has 5000 patents
If you work with someone on a design, the license needs to ensure that (not only do they have the copyright) they have the right to apply for the patent so that someone does not go get the patent for themselves, which in turn limits your use of the design
Twitter Clause - twitter said they would apply for patents, but only to be used as a defensive mechanism < Catharina recommends to not get into this right now...over complicate things
What will the outbound license look like?
Wiki is confusing - many license mentions
Creative Commons License
CC-BY-SA - use in a community that prefers a viral nature
1) Track - Catharina is POC for this (Contributor Agreement) > Inbound Contributor Agreement - Creative Commons-BY-SA (as a matter of practice) and Creative Commons-BY - very specific and private contract between OSE and every contributor
2) Track - Andrew and (eventually) Jennifer Urban are the POCs -Outbound- should meet the contributors’ needs - OSE will issue a license in compliance with the OSHW definition
Contributors Agreement - everyone must sign
Wiki - if sign up on wiki - need to sign OSE Contributors Agreement AND if you are just reading and taking things off the wiki then they need to sign an outbound agreement (Andrew is writing)
Certain Jurisdictions will require hard copy signatures - which would make us vulnerable in those jurisdictions (179 jurisdictions total) Not something that we can really deal with now.
Andrew is sending us a list
Reconnect 8 JULY!
Hear from Catharina and Andrew beforehand!
July 8, 2013
OSE Contributor Agreement
Must email copies to South Africa and Portugal
Ask people to warrant that they are the copyright owner > you would have to have copied me to have a copyright violation...while it may be innocent, it is much harder to copy a copyright.
How do I know if I have the copyright...if you did not copy someone then you own the copyright?
Patents, you cannot avoid this. It is possible to come up with the same idea, one that is already protected by the patent.
To protect ourselves we need two entities - one to protect the land if we violate the above
Notes regarding Section 2.1
Two jurisdictions: Europe and everywhere else
Everywhere else allows for the possibility of Assignment - contributor transfers all the rights to OSE project (in Europe, this is not possible, so this part of the agreement is an exclusive license) - the broader view
The moment we get rejection of pushback (regarding Assignment) then we can change the agreement to License instead of Assignment
License - more restrictive than Assignment - contributor maintains the License, but OSE is allowed to use it
August 5, 2013
1) Past Contributor Agreements (CA) - Need to know that ~98% of contributors have agreed before putting the Outbound Open Hardware License (OOHL) in place
2) Open Source Ecology create a social standard to say, this is how we believe open source should be; this is how we implement open source
See Daniel Gonzales - Patent Strategy Tools
Use 1 of 2 or create our own license:
End users - individuals - protects downstream user
Documentation* - you promise to mail, provide through URL for 3 years, open file format with new and original documentation, must email out modification to all licensees
Summary of changes
New documentation in full
Original documentation in full
*OSE Documentation amendment- would requirement link to a single repository, making documentation accessible - original documentation is not necessary
On Demand Manufacturing* (ODM) - (Skype broke up) - protect people who print on demand, reassuring them that they are protected
*OSE’s ODM amendment - explicit allowance wrt ODM
Warranty - assures anyone who contributes will not be liable down the line
Licensing - need to put “all later versions specified” otherwise anyone who remixes must keep it under the original license, so if it goes out at 1.0, if any new versions come out then they are under 1.0
End users - firms -protects firms that may want to control the patent later
Documentation - must distribute documentation, no format preference
On Demand Manufacturing - CERN says nothing
Warranty - assures anyone who contributes will not be liable down the line
Licensing - automatic
BST, MIT, CCBY