[ohf-licenses] ohf-licenses Digest, Vol 4, Issue 2

[Greg London]

I was wondering if the boundary layer for where
the license kicks in could be defined for physical
objects in terms of any contiguous connective
volume, with no internal holes.

There must be a mathematical term that describes
this sort of topology.

Basically, if you can put a balloon around the object,
and still hold air, then anything outside the balloon
is considered outside the copyleft aspect of the license.

If Alice creates a mousetrap design and puts it under
this license, then Bob could modify the existing parts
and those would have to be covered by the license.
If Bob adds a new part, it would not be covered
by the license.

The original parts are inside the balloon and can't
be taken out. But Bob could create a new component
and wouldn't be required to put it under the license.

If Alice made a printed circuit board and put it
under the license, that board would be in the balloon.
If Bob created a daughterboard that plugged into one
of Alice's boards connectors, Bob's board would not
be required to be covered by the license.
If Bob made any modifications to Alice's design so
that it would work with his board, then those modifications
to Alice's board would be covered under the license.

For physical objects, I imagine each individual
component is inside some sort of copyleft balloon.
Any modification to those components is covered
by the license. If anyone creates a new physical
piece in addition to the originals, that is not
covered by the copyleft aspect of the license.

Maybe this creates some loopholes, but I think
it still stronger than using something like GPL
for physical designs.

I'm still a little leary of these "atomic" terms
creating some sort of unintentional loophole,
or simply creating so much confusion on the part
of users that they don't understand and don't
use the license.

Greg


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> Today's Topics:
>
>    1. Open Hardware Public License, First Draft (Terry Hancock)
>    2. Re: Open Hardware Public License, First Draft (luc marschall)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Fri, 07 Mar 2008 01:05:28 -0600
> From: Terry Hancock <hancock at anansispaceworks.com>
> Subject: [ohf-licenses] Open Hardware Public License, First Draft
> To: ohf-licenses at openhardwarefoundation.org
> Message-ID: <47D0E938.20101 at anansispaceworks.com>
> Content-Type: text/plain; charset=UTF-8
>
> Hi all,
>
> There wasn't much discussion of the notes I posted earlier, so I have
> mostly just followed my own ideas in this draft. I've included it below
> in plain text form (I also have a nicely formatted PDF, if anyone wants
> me to send them a copy).
>
> I'll make further comments in a follow-up post.
>
> Cheers,
> Terry
>
>
> Here's the draft:
>
>
> (Proposed)
> Open Hardware Public License
> Draft Version (pre-1.0) by Terry Hancock, 2008-3/6.
>
> 1 Legal Scope
>
> 1.1 Purpose
>
> This is a free, open-source, hard-copyleft license for
> Designs for material Products. While material Products
> themselves generally require substantial effort and
> expense to create, their Designs represent a particular
> kind of software model or documentation, be it textual,
> graphical, or higher-dimensional, which can be
> represented in an easily-copied digital form. This
> license is designed to ensure that users of Products
> made from licensed Designs retain access to the Design
> Data needed to use and modify such Products freely.
>
> 1.2 Use Cases
>
> This license is intended specifically for licensing
> digitally-encoded Designs which are used in the
> development and manufacturing of material Products.
>
> In addition to Designs being free-licensed themselves,
> they have a special relationship to the material
> Products which are created by using them, and this
> license intends to ensure that such Products, though
> outside the scope of copyright, nevertheless continue
> to be openly documented for future designers to
> continue to improve upon them, and for users to have
> access to the internal workings of the devices they
> use. This is the "hard-copyleft", as opposed to the
> "soft-copyleft" on the Designs themselves.
>
> As such, this license is inappropriate for purely
> digital items, such as software, for which no such
> material manifestations exist, and for which the
> additional provisions of this license are undesirable.
>
> This license is designed with functional Products in
> mind which are valued primarily in utilitarian terms,
> and so is probably not appropriate for items of
> principally aesthetic value, even when a physical
> manifestation exists, such as with sculpture.
>
> 1.3 Authority of this License
>
> You are not required to accept this License in order to
> receive or use an unmodified copy of the Design
> (including manufacturing products from it). However,
> nothing other than this License grants you permission
> to propagate or modify any covered work. These actions
> infringe copyright if you do not accept this License
> (except for cases of "fair use" or "fair dealing" as
> defined by statute). Therefore, by modifying a covered
> work, regardless of whether you propagate or convey the
> resulting work, you indicate your acceptance of this
> License to do so.
>
> 1.4 Duration of this License
>
> All rights granted under this License are granted for
> the duration of copyright on the Design, and are
> irrevocable provided the stated conditions are met.
> This License acknowledges your rights of fair use or
> other equivalent, as provided by copyright law.
>
> 1.5 Compliance Conflicts
>
> If conditions are imposed on you (whether by court
> order, agreement or otherwise) that contradict the
> conditions of this License, they do not excuse you from
> the conditions of this License. If you cannot convey a
> covered work so as to satisfy simultaneously your
> obligations under this License and any other pertinent
> obligations, then as a consequence you may not convey
> it at all. For example, if you agree to terms that
> obligate you to collect a royalty for further conveying
> from those to whom you convey the Program, the only way
> you could satisfy both those terms and this License
> would be to refrain entirely from conveying the
> Program.
>
> 2 Definition of Terms
>
> 2.1 Copyright Terminology
>
>   Design The "Design" is any copyrightable work licensed
>   under this License.
>
>   You Each licensee is addressed as "you."
>
>   Licensees "Licensees" and "recipients" may be
>   individuals or organizations.
>
>   Modify To "modify" a work means to copy from or adapt
>   all or part of the work in a fashion requiring
>   copyright permission, other than the making of a
>   verbatim copy. The resulting work is called a
>   Modified Design. A "covered work" means either the
>   unmodified Design or a Modified Design based on the
>   licensed Design.
>
>   Contributor A "contributor" is a party who licenses
>   under this License a work on which the Design is
>   based. Such a work is called the party's "contribution."
>
>   Contributor Version The version of the work which
>   resulted from the Contributor's last contribution.
>
>   Propagate To "propagate" a work means to do (or cause
>   others to do) anything with it that requires
>   permission under applicable copyright law, except
>   executing it on a computer or making modifications
>   that you do not share. Propagation includes copying,
>   distribution (with or without modification), making
>   available to the public, and in some countries other
>   activities as well.
>
>   Convey To "convey" a work means any kind of
>   propagation that enables other parties to make or
>   receive copies, excluding sublicensing. Mere
>   interaction with a user through a computer network,
>   with no transfer of a copy, is not conveying.
>
>   Essential Patent Claims A contributor's "essential
>   patent claims" are all patent claims owned or
>   controlled by the contributor, whether already
>   acquired or hereafter acquired, that would be
>   infringed by some manner, permitted by this License,
>   of making, using, or selling its contributor version,
>   but do not include claims that would be infringed
>   only as a consequence of further modification of the
>   contributor version. For purposes of this definition,
>   "control" includes the right to grant patent
>   sublicenses in a manner consistent with the
>   requirements of this License.
>
> 2.2 Hierarchical Design Model Terms
>
> This license models the design process as a series of
> hierarchically-associated Design Domains. Within each
> Domain, there are design Atoms which are combined in
> some creative way to meet design Specifications
> intended to satisfy design Requirements. From the
> perspective of an engineer working in a given design
> Domain, the Atoms are indeed "atomic" and are not
> considered as designed objects, but as raw materials,
> with a given specification of interfaces.
>
> It is acknowledged, of course, that this is a matter of
> perspective, because one designer's Atoms are another's
> design Products. The division, however, is important to
> understand for the purposes of confining the scope of
> the licensed work, the nature of Design Source Data and
> the limitations of the copyleft on the work.
>
> Works which are referenced solely as Atoms in the
> present Design are said to be Atomic Designs, and
> therefore outside of its scope. Works which employ the
> present Design as an Atom are said to be External
> Designs and are also outside of its scope. Finally,
> other works within the same Design Domain, but whose
> only relationship to the Design are through its
> specified interface in an External Design are described
> as Sibling Designs and are also outside of the scope of
> this license.
>
> Thus, the scope of the license and its requirements is
> confined to the Design Domain of the present work, as
> determined explicitly by its author, or implicitly by
> the type of Design Data provided.
>
>   Design Source Data The licensed work, which consists of
>   documents describing or specifying the manufacturing
>   process in a format which is preferred for
>   modification of the design.
>
>   Design Generated Data Any data which is generated
>   automatically from the Design Source Data for use in
>   the development or manufacturing process.
>
>   Design Data Any data falling into either the Design
>   Source Data or Design Generated Data categories.
>
>   Design The concept expressed in the Design Data.
>   Also, the copyrighted work covered by this license,
>   which is composed of Design Data.
>
>   Product The material object which is created using
>   the Design Data.
>
>   Manufacturing The processes which are used to create
>   a Product from the Design Data.
>
>   Atom A Product which is used in Products based on the
>   licensed Design, but whose internal design is not
>   part of the licensed Design, nor necessary to
>   understand the Design.
>
>   Atomic Design A Design for an Atom in the present Design.
>
>   External Design A Design which uses the Product of the
>   current Design, but only as an Atom alongside other
>   design Atoms.
>
>   Sibling Design A Design which is in the same Design
>   Domain as the present Design, but only used alongside
>   it as another Atom in an External Design.
>
>   Specification The description of an object as
>   required to use it as a design Atom: a complete
>   description of its interfaces and behaviors as needed
>   to make a design using it work. A specification must
>   be sufficiently complete that a skilled engineer
>   familiar with the industry and design domain should
>   be able to implement the design and verify that it
>   will work as an interchangeable replacement.
>
>   Requirements An informal description of the need the
>   design is meant to fill. Requirements documents might
>   not necessarily provide sufficient information to
>   ensure that a competent engineer familiar with the
>   design domain will produce an interchangeable replacement.
>
>   Domain A design Domain is the level of abstraction in
>   which the design is conceived and manipulated by the
>   designer or represented in the Design Source Data.
>   Within the domain, designs conceived of arrangements
>   and connections of design Atoms to meet an overall
>   design Specification.
>
>   Industry Practice
>
> Most engineering disciplines have existing abstraction
> practices which should make it clear to practicing
> engineers within those disciplines what the division of
> designs should be. Whenever there is doubt arising from
> imprecise or incomplete explicit definition within this
> license or by the copyright owner in the license grant,
> Industry Practice is intended to be taken into account
> in determining the scope of the design Domain for the
> licensed Design.
>
> 3 Design Domains
>
> 3.1 Choice of Design Domains
>
> Choice of design domain determines the scope of this
> license, including copyleft requirements as described
> in section 6. When the Copyright Owner grants this
> license, he or she determines the domain in one of
> three ways:
>
> 1. By explicit selection of one of the domains
>   described in section 3.2 (Definition of Named Design Domains).
>
> 2. By explicit definition of a new Domain, including:
>
>   (a) A generic description of the appropriate forms of
>     Design Source Data used within this domain,
>     possibly including alternative forms,
>
>   (b) An explicit definition of what Designs will be
>     treated as Atomic Designs within the Design Domain,
>     and
>
>   (c) An explicit definition of what Designs will be
>     treated as External Designs lying outside of the
>     Design Domain.
>
> 3. Implicitly, by what Design Source Data are provided.
>   Where such materials fit the descriptions provided in
>   the named Design Domains provided in section 3.2 of
>   this license, those definitions will be preferred. If
>   more than one of the named Design Domains is
>   consistent with the Design Source Data which is
>   provided, then the narrowest named Design Domain
>   shall be understood to apply (that is to say, the
>   most specific). If the provided documents do not fit
>   any of the named Domains provided in this license,
>   then standard Industry Practice should be considered
>   in determining the scope of the Design Domain (and
>   therefore in determining what Designs are Atomic or
>   External to the Design).
>
> For any Design which lacks an explicit Design Domain,
> any Contributor is encouraged to add an explicit
> statement of Design Domain, which may broaden, but
> never narrow the scope of the Design Domain of the
> Design as interpreted by these rules.
>
> 3.2 Definition of Named Design Domains
>
> The following domains are defined for the convenience
> of licensors and licensees in choosing a design Domain
> for the Design (The names in parentheses are short
> forms that shall have the same meaning as the longer
> name before them):
>
>  Engineering Materials or Compositions (Materials):
>
> Solid, liquid, or gaseous materials composed of more
> basic chemical elements and compounds, either as
> molecular materials or as mixtures, alloys, solutions,
> crystals, composites, or other combinations of matter
> into usable engineering materials. Note that this
> Domain consists primarily of non-copyrightable facts
> rather than copyrightable expressions. As such,
> applicability of this Domain to licenses will be rare,
> and it is expected mostly to be used to define Atomic Designs.
>
>   Source: Chemical formula, specification of mixtures,
>   solutions, or colloids. Description of preparation
>   techniques, including the specification (but not
>   design) of processing equipment.
>
>   Atomic: Design of processing equipment, commonly
>   available elements and compounds.
>
>   External: Applications, machining, or preparation of
>   parts made from the material.
>
>  Electronic, Electromechanical, or Mechanical Components (Component):
>
> Designs for single components intended to be used in
> larger devices, such as discrete electronic components,
> electromechanical devices, and mechanical assemblies.
>
>   Source: Geometry, material selection, part
>   manufacturing processes. Combination of parts and
>   choice of joining technologies for assembly.
>   Engineering tolerances for manufacturing processes
>   and geometry of atomic design elements. Includes
>   plans and etching process for semiconductor devices
>   to be implemented in integrated circuit wafers.
>
>   Atomic: Engineering materials, manufacturing tool designs.
>
>   External: Assemblies and machines composed of the
>   components. For electronic devices, circuit boards
>   composed of discrete electronic components.
>
>  Gate Logic:
>
> Digital logic circuits defined in terms of gates and registers.
>
>   Source: Selection and connection of logic gates and registers.
>
>   Atomic: Design of gate and register devices in
>   underlying technology.
>
>   External: Blocks of Gate Logic "Cores" used to create
>   whole integrated circuit designs.
>
>  Block Logic:
>
> Combinations of gate logic cores to create full
> integrated circuits.
>
>   Source: Selection and connection of block Cores into
>   a device. Pinouts for resulting chips.
>
>   Atomic: Internal gate logic design of Cores used in
>   the design.
>
>   External: Circuit boards using the chip.
>
>  Complete Logic:
>
> The union of Gate Logic Design and Block Logic Design
> domains - whole chip design down to the logic gate level.
>
>   Source: Selection and connection of logic gates and
>   registers. Connection of resulting Cores into a
>   complete IC device. Pinouts for resulting chips.
>
>   Atomic: Design of gate and register devices in
>   underlying technology.
>
>   External: Circuit boards using the chip.
>
>  Circuit Board or Printed Circuit Board (PCB):
>
> The combination of discrete electronic and integrated
> circuit devices into a modular board (usually, but not
> always, a printed circuit board).
>
>   Source: Selection, connection, and location of
>   discrete electronic components and integrated circuit
>   devices onto a modular board. Design of the
>   connection traces or wires which interconnect the
>   devices on the board.
>
>   Atomic: Internal design of the discrete components
>   and integrated circuits used in the design.
>
>   External: Design of systems utilizing more than one
>   circuit board, perhaps interconnected through a card
>   cage, interconnecting cables, or other bus mechanism.
>
> This list of Design Domains is by no means meant to be
> exhaustive, and you always have the option of writing
> your own explicit definition of the Design Domain for
> your Design. However, if you find a Design Domain
> definition which you think should be included in this
> license for the convenience of licensors, please
> contact the Open Hardware Foundation
> (http://www.openhardwarefoundation.com) to propose a
> new Design Domain to be included in future versions of
> this license.
>
> 4 Design Data
>
> We recognize FIVE classes of Design Data which are
> treated differently according to this License:
>
> 1. "Requirements" documents are informal descriptions of
>   needs a design is meant to fulfill.
>
> 2. "Specifications" are formal documentation of the
>   interfaces and behaviors a design must fulfill in
>   order to be used interchangeably in External Designs.
>
> 3. "Design Source Data" documents are detailed
>   descriptions (usually but not necessarily expressed
>   in a formal, machine-readable format) of the choice
>   and specification of design Atoms, arrangement and
>   relationships between design Atoms, and the
>   manufacturing processes required to achieve these
>   relationships in the attempt to provide a given
>   specification to External Designs. Design Source Data
>   are in a format which is generated directly from
>   human-interactive processes, including text editing
>   tools, raster or vector graphics, Computer-Aided
>   Drafting, and/or Computer-Aided Manufacturing tools.
>   Thus, Design Source Data should be interpreted as a
>   suitable form of representation for making
>   modifications to the Design.
>
> 4. "Design Generated Data" documents are derived by
>   software tools, with minimal creative intervention,
>   from Design Source Data (including, but not limited
>   to, compilers, synthesizers, automated
>   place-and-route tools, etc).
>
> 5. "Usage Documentation" is documentation which is
>   intended to be used along with the Product
>   manufactured from the Design.
>
> Note that this License cannot provide provide
> protection for the ideas expressed in a requirements
> document (because factual information lies outside of
> the scope of copyright), but only for a particular
> expression of those ideas.
>
> Requirements documents are not required to be published
> with Design Source Data because they are not essential
> to modifying or using the Design.
>
> Design Specifications are required only in so much as
> they are needed to specify and select design Atoms for
> use in the design.
>
> Design Source Data is always required to be included in
> Design Data, in so far as it exists. Design Source Data
> which is created to meet a set of Design Requirements
> or Design Specifications is an original work which is
> NOT to be considered a derivative or adaptation of the
> Design Requirements or Design Specifications that it
> meets (This is because the only information retained
> from requirements or specifications is factual in
> nature, not expressive. Thus, the final design copies
> only non-copyrightable information from Specifications
> or Requirements documents).
>
> Design Generated Data are optional for inclusion in the
> Design Documents if they can be generated with minimal
> intervention from the recipient (even if the software
> tools needed to generate them from the Design Source
> Data are not freely available).
>
> Usage Documentation is encouraged, but is not essential
> for inclusion with the Design Documents if it is not
> necessary to manufacture Products from the Design.
>
> 5 Permissions & Manufacturing
>
> Provided that you comply with the provisions of section
> 6 (Copyleft Requirements), you may use the Design to:
>
> 1. Manufacture Products based on the Design.
>
> 2. Contract third parties to manufacture Products based
>   on the Design.
>
> 3. Modify the Design.
>
> 4. Propagate the Modified Design to others, with or
>   without fee.
>
> 5. Manufacture Products from the Modified Design.
>
> 6. Contract third parties to manufacture Products from
>   the Modified Design.
>
> 7. Distribute Products Manufactured from the Modified
>   Design, with or without fee.
>
> 6 Copyleft Requirements
>
> 6.1 When Does Copyleft Apply?
>
> You are responsible for fulfilling copyleft (see 6.3)
> if any of the following conditions applies:
>
> 1. You Propagate any part of the Design needed for
>   manufacturing to another party, including Design
>   Generated Data.
>
> 2. You Manufacture or contract manufacturing for
>   Products based on the Design or on a Modified Design.
>
> Otherwise, you DO NOT need to fulfill copyleft,
> including the following cases:
>
> 1. You modify the Design, but neither distribute the
>   result nor manufacture Products based on it.
>
> 2. You copy trivial or purely functional aspects of the
>   Design that are not covered by copyright, or you use
>   information you learned by studying the design to
>   create a completely new design (This right is
>   normally granted to you by "fair use" or "fair dealing"
>   statutes -- however, should your jurisdiction not
>   honor such uses for all copyrighted works, this
>   license shall grant that right for this Design work).
>
> 6.2 Definition of Design Source Data: What You Must
>   Include
>
> The scope of the materials which must be included in
> the Design Source Data depends on the design Domain of
> the work, as determined by the "Choice of Design Domain"
> in section 3.1: if the copyright owner has defined the
> nature of the Design Domain, you must follow that;
> failing that, if he or she has specified one of the
> domains in section 3.2, you must follow that choice;
> and failing that, you must determine the scope based on
> the type of materials included in the work when you
> received it.
>
> 6.3 Fulfilling Copyleft
>
> Assuming that copyleft is required (under subsection
> 6.1) and you have determined what material must be
> published due to copyleft (under subsections 6.2 and
> 3.1), you have FOUR choices of how to make the Design
> Source Data available:
>
> 1. You may submit the Design Source Data to an Open
>   Hardware Foundation approved Design Registry on the
>   Internet. If you choose this method, you must include
>   with each Product distributed, the Design Registry
>   and Registry Identification Number for the Design,
>   either in accompanying documentation or via a label
>   affixed to or direct-printing onto the Product.
>
> 2. You may package the Design Source Data with each
>   separately packaged unit of Products distributed,
>   stored in a general purpose digital medium which can
>   be viewed by the recipient.
>
> 3. You may include complete Design Source Data in
>   hardcopy form along with each separately packaged
>   unit of Products distributed.
>
> 4. You may include a written promise to deliver Design
>   Source Data, good for five years, for no more than
>   the reasonable cost for duplication, postage, and
>   handling. You also warrant that you will fulfill such
>   requests for Design Source Data, regardless of any
>   changes in your production status, ownership, or
>   financial solvency. However, at your option, you may,
>   at any time during the fulfillment period, release
>   the data to an approved Design Registry, as described
>   in option 1, releasing you from this obligation.
>
> Finally, please note that you need not publish the
> Design Source Data according to option 1 if it has
> already been done for you. In other words, if you
> manufacture Products from unchanged Design Source Data
> that already exists in an approved Design Registry,
> then you have no obligation to re-publish duplicate
> information. However, you do have an obligation to
> publish by one of the approved means (including any of
> the options 1-4 above) if the Design Source Data is not
> already available in a Design Registry, even if you
> have not modified it.
>
> 6.4 No Obfuscations or Technical Protection Measures
>
> You may not obfuscate Design Data to reduce
> readability, nor impose any effective technological
> measures on the Design Data with the intent or effect
> of restricting the ability of a recipient to exercise
> their rights under this License.
>
> Additionally, when you convey a covered Design, you
> waive any legal power to forbid circumvention of
> technological measures to the extent such circumvention
> is necessary to exercise rights under this License with
> respect to the covered Design, and you disclaim any
> intention to limit operation or modification of the
> Design, or Products manufactured from the Design, as a
> means of enforcing, against Design or Product users,
> your or third parties' legal rights to forbid
> circumvention of technological measures.
>
> 7 Patents
>
> Each Contributor grants to you, every other Licensee,
> and every possessor or user of Products manufactured
> from the Design a perpetual, worldwide, and
> royalty-free immunity from suit under any essential
> patent claims which he or she controls to the extent
> necessary to propagate the Contributor's Version of the
> Design Data or make, have made, possess, use, or
> distribute Products made using it.
>
> If you make or have Products made, or propagate Design
> Data that you have modified, you grant every
> Contributor, every other Licensee, and every possessor
> or user of Products manufactured from the Design a
> perpetual, worldwide, and royalty-free immunity from
> suit under any essential patent claims which you
> control to the extent necessary to make, have made,
> possess, use, and distribute Products or to propagate
> Design Data.
>
> To avoid doubt, conveying Design Data to a third party
> for the sole purpose of having Products made on your
> behalf does not cause that third party to grant the
> immunity described in the preceding paragraph.
>
> These grants of immunity are a material part of this
> License. If any court judgment or legal agreement
> prevents you from granting the immunity from suit
> required by this Section, your rights under this
> License will terminate and you may no longer use, copy,
> modify, convey, or propagate the Design Data, nor make,
> have made, or distribute Products manufactured from the Design.
>
> Nothing in this License shall be construed as excluding
> or limiting any implied license or other defenses to
> infringement that may otherwise be available to you
> under applicable patent law.
>
> 8 Disclaimers
>
> 8.1 Manufacturing Regulations are Your Responsibility
>
> The existence of this Design does not imply the
> legality of the Design or the manufactured material
> Product under any legal jurisdiction. It is the
> manufacturer's responsibility to determine if the
> Product to be manufactured is illegal or regulated in
> any way or if trade restrictions exist on selling or
> exporting the Product.
>
> 8.2 No Warranties
>
> THERE IS NO WARRANTY FOR THE DESIGN, TO THE EXTENT
> PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE
> STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER
> PARTIES PROVIDE THE DESIGN "AS IS" WITHOUT WARRANTY OF
> ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
> NOT LIMITED TO, THE IMPLIED WARRANTIES OF
> MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
> THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE,
> LEGALITY, AND SAFETY OF THE DESIGN OR PRODUCTS MADE
> FROM THE DESIGN IS WITH YOU. SHOULD THE DESIGN PROVE
> DEFECTIVE OR HARMFUL, YOU ASSUME THE COST OF ALL
> NECESSARY SERVICING, REPAIR OR CORRECTION.
>
> UNLESS OTHERWISE PROVIDED IN WRITING, THE COPYRIGHT
> HOLDERS AND/OR OTHER PARTIES PROVIDE NO ASSURANCE OF
> SAFETY OF ANY KIND. YOU ASSUME ALL RISKS AND
> LIABILITIES ASSOCIATED WITH MANUFACTURING OR USING
> PRODUCTS MANUFACTURED FROM THE DESIGN, INCLUDING
> LIABILITIES FOR INJURY OR DEATH.
>
> IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED
> TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER
> PARTY WHO MODIFIES AND/OR CONVEYS THE DESIGN AS
> PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
> INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
> CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
> INABILITY TO USE THE DESIGN OR PRODUCTS MANUFACTURED
> FROM IT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
> ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
>
> If the disclaimer of warranty and limitation of
> liability provided above cannot be given local legal
> effect according to their terms, reviewing courts shall
> apply local law that most closely approximates an
> absolute waiver of all civil liability in connection
> with the Design, unless a warranty or assumption of
> liability accompanies a copy of the Design in return
> for a fee.
>
>
>
>
>
> --
> Terry Hancock (hancock at AnansiSpaceworks.com)
> Anansi Spaceworks http://www.AnansiSpaceworks.com
>
>
>
>
> ------------------------------
>
> Message: 2
> Date: Fri, 07 Mar 2008 12:22:02 +0100
> From: luc marschall <lucmars2 at orange.fr>
> Subject: Re: [ohf-licenses] Open Hardware Public License, First Draft
> To: Terry Hancock <hancock at anansispaceworks.com>
> Cc: ohf-licenses at openhardwarefoundation.org
> Message-ID: <1204888923.7088.51.camel at localhost.localdomain>
> Content-Type: text/plain; charset=ISO-8859-15
>
> Le vendredi 07 mars 2008 ? 01:05 -0600, Terry Hancock a ?crit :
>> Hi all,
>>
>> There wasn't much discussion of the notes I posted earlier, so I have
>> mostly just followed my own ideas in this draft. I've included it below
>> in plain text form (I also have a nicely formatted PDF, if anyone wants
>> me to send them a copy).
>>
>> I'll make further comments in a follow-up post.
> I won't speak about the legal aspects but about two definitions, see
> below.
>>
>> Cheers,
>> Terry
>>
>>
>> Here's the draft:
>>
>>
>> (Proposed)
>> Open Hardware Public License
>> Draft Version (pre-1.0) by Terry Hancock, 2008-3/6.
>>
>> 1 Legal Scope
>>
>> 1.1 Purpose
> snip
>>
>> 1.2 Use Cases
> snip
>> This license is designed with functional Products in
>> mind which are valued primarily in utilitarian terms,
>> and so is probably not appropriate for items of
>> principally aesthetic value, even when a physical
>> manifestation exists, such as with sculpture.
> Functional Product
> Do you have in mind that this license should cover a wide range of
> functional product like screw and bolt, things that fall in the
> compoment domain but not especially related to the electronic?
> Looking at the proposed domains, one concludes that it's all about
> "hardware" as commonly understood, so why not to say that this license
> is designed with hardware in mind?
> Or this license has a very wide scope?
>
> Note: Art has a lot of functional sculptures, though one never considers
> art in utilitarian terms, the Bauhaus had broken this opposition in the
> past.
>
>> 2.2 Hierarchical Design Model Terms
>>
>> This license models the design process as a series of
>> hierarchically-associated Design Domains. Within each
>> Domain, there are design Atoms which are combined in
>> some creative way to meet design Specifications
>> intended to satisfy design Requirements. From the
>> perspective of an engineer working in a given design
>> Domain, the Atoms are indeed "atomic" and are not
>> considered as designed objects, but as raw materials,
>> with a given specification of interfaces.
>>
> Maybe one needs here the etymological definition of "atomic", that you
> seem to refer, no ?
> snip
>> Works which are referenced solely as Atoms in the
>> present Design are said to be Atomic Designs, and
>> therefore outside of its scope. Works which employ the
>> present Design as an Atom are said to be External
>> Designs and are also outside of its scope. Finally,
>> other works within the same Design Domain, but whose
>> only relationship to the Design are through its
>> specified interface in an External Design are described
>> as Sibling Designs and are also outside of the scope of
>> this license.
> I understand the relatively atomic nature of a given design, but I'm
> lost when it is said external or sibling.
> That looks like russian puppets but one switches from "works" to
> "design":
> -"atomic designs" is some works in a design
> -"external designs" is a design as an atom in some works
> -"sibling designs" is a "external design" in some works
> I'm a little bit confuse though I understand the necessity of these
> status.
>
> luc
>
>
>
>
>
>
> ------------------------------
>
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>
> End of ohf-licenses Digest, Vol 4, Issue 2
> ******************************************
>


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