[Discuss] New OSHWA post up - Legal Notes

Thu Dec 19 20:08:10 UTC 2013

Hey
 I'm wondering how we might start to discuss some of these international
differences?
I can see that there could be a potential google hangout meetup to
brainstorm some of these legal differences regarding Intelectual Property &
Copyrights, Patents, and Import/Export controls & regulations.
Or we can start a more comprehensive forum or something. Or just keep
discussing here, but I am curious some of the details around the
differences about how each country handles these, but don't know where to
go for resources,

what are your guys' thoughts for starting/continuing this discussion?
gabriella

On Thu, Dec 12, 2013 at 9:03 AM, Mario Gómez <mxgxw.alpha at gmail.com> wrote:

> I think that would be a great idea!
>
> I would say that OSHW is in a "legal limbo" in many countries including
> ours. For example: here you cannot have copyright over design files for
> devices. Things like schematics, mechanical drawings, PCB designs,
> blueprints, etc. simply cannot be copyrighted. The only exception to the
> rule are architectural designs because they are considered more like an
> "artistic expression" of the author.
>
> Our law it's pretty clear on the topic that the only way to protect
> specific implementations for devices are patents. Something like the
> defensive patent license could make sense here but it means that you have
> to do all the paperwork  (and pay the respective fees) to patent your
> device to be able to license it (without considering the legal paper work
> and costs associated to license your patent to a third party).
>
> The other problem is that patents cover only specific implementations,
> this is completly incompatible with the always-changing nature of the open
> source (software or hardware).
>
> I would say that there are a couple really important topics that need to
> be considered when finding legal advice:
>
> -Intelectual Property & Copyrights
> -Patents
> -Import/Export controls & regulations
>
>
> I'm not a lawyer but it's not hard to see that there are really
> significative differences on how each country handles each of this topics,
> it would be really interesting to expand this discussión to include lawyers
> from other countries with the objetive to find simmilitudes/differences
> between the different legal frameworks.
>
> Regards,
> Mario.
>
>
>
> On Tue, Dec 10, 2013 at 2:07 PM, Emilio Velis <contacto at emiliovelis.com>wrote:
>
>> After something like this, it would be nice to find converging lines
>> among people in other regions.
>>
>> Do you have more contacts outside the United States? Althought some of us
>> aren't lawyers, I think it would be nice to organize hangouts to discuss
>> issues such as these and invite experts from different regions to find the
>> possibility to replicate some of the efforts you're doing worldwide. Let us
>> know if you're interested, I know for sure that Mario Gómez and I would be
>> delighted to participate in something like this.
>>
>> Perhaps it won't happen in the near future, but it would be nice to keep
>> that possibility open.
>>
>>
>> On 6 December 2013 10:49, alicia <amgibb at gmail.com> wrote:
>>
>>> Yes, definitely all the legal professionals in the room were American. I
>>> will add this at the bottom in the disclaimers.
>>>
>>> Thanks,
>>> Alicia
>>>
>>>
>>> On Fri, Dec 6, 2013 at 7:19 AM, FREE SMALL WIND TURBINE PROJECT PEOPLE <
>>> smallwindturbineproj.contactor at gmail.com> wrote:
>>>
>>>> Thank you Alicia.
>>>> It a huge job. Bravo !
>>>>
>>>> However, may we suggest you to modify "just a little" some parts of
>>>> your blog post, concerning the "copyright and patent" section ?
>>>> The analysis seems delivered across US (or US-like) copyright and
>>>> patent concept. Maybe you should insist the copyright and patent analysis
>>>> might not match with some world regions. Then, insisting on this, might
>>>> avoid wrong reasoning for places where the US (or US-like) copyright
>>>> concept is not (fortunately yet) completely valid.
>>>> To better understand why, by a based-on-written-law country example,
>>>> you will maybe interested in reading the following links - remember, there
>>>> are also a lot of other regions where the law is oral and ownership is only
>>>> valid across oral (or also "signs without any world at all") decisions :
>>>>
>>>> http://artlibre.org/licence/faq#FAQ_52
>>>> and also:
>>>> http://artlibre.org/licence/faq#FAQ_46
>>>> http://artlibre.org/licence/faq#FAQ_48
>>>> http://artlibre.org/licence/faq#FAQ_49
>>>>
>>>> Again, copyright term internationalization comes from a US industrial
>>>> export spreading - by negotiation state by state region by region - and
>>>> might (already have) generate(d) a US supremacy above copyleft practices
>>>> and local culrure - where ownership is part of long ancestral culture
>>>> evolution - whatever this supremacy is bad or good - the notion of bad or
>>>> good is not the purpose here, but we might consider that people should be
>>>> aware about this, if relevant - if so, we might think of it, might we ?
>>>>
>>>> Freely
>>>> Antoine
>>>>
>>>>
>>>> 2013/12/6 alicia <amgibb at gmail.com>
>>>>
>>>>> Hey all,
>>>>> We wrote up the notes from the Legal Day in NYC as a blog post. We
>>>>> hope you find it useful:
>>>>> http://www.oshwa.org/2013/12/05/open-hardware-legal-meetup-nyu-nov-11/
>>>>>
>>>>> We hope to have more of these in the future with larger rooms to
>>>>> accommodate more participants!
>>>>>
>>>>> Cheers,
>>>>> Alicia
>>>>>
>>>>> _______________________________________________
>>>>> discuss mailing list
>>>>> discuss at lists.oshwa.org
>>>>> http://lists.oshwa.org/listinfo/discuss
>>>>>
>>>>>
>>>>
>>>> _______________________________________________
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>>>>
>>>
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>>>
>>
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>
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