[ohf-licenses] ohf-licenses Digest, Vol 4, Issue 11

[luc marschall]

Le samedi 15 mars 2008 à 15:18 -0400, Greg London a écrit :
> > But it made me wonder -- are they already "open hardware" even if the
> > plans are "non-free"?
> 
> Start off with no IP law at all.
snip
> When CC-NC says you can't use the work commercially, it is limited
> to saying you can't copy, distribute, or create derivatives primarily
> for commercial purposes.
> 
> Those restrictions are are inside the realm of copyright.
> 
> Creating a copyright license which says you cannot "build"
> the thing that the copyright work describes is outside
> what copyright allows the author an exclusive right to.
snip
> Greg
So manufacturing hardware is outside the scope of the copyright.
Nonetheless, one can manufacture a hardware for a private purpose or for
a commercial purpose.
What could happen to the CC-NC applied to a work, does its scope go
beyond the work in this case, that is to say, building the hardware from
the work for commercial purpose?

Would a court conclude that the CC-NC license is solely about the work?

Maybe I have miss something but right now I understand that any license
cannot prevent to build and sale hardware on the back of the opener.
Hence one can't compete with the same card, like in the FLOSS domain,
which is not the heaviest part in hardware compare to the financial cost
to manufacture.

So, in practice, TT couldn't prevent ATI to build and sale the graphics
card from the TT's work as it is. TT earns nothing for its work and has
to compete with it's own pocket.

luc
> 
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