[Discuss] Legal Meetup Nov. 11th in NYC

Marketply contact at marketply.org
Wed Oct 23 09:22:54 UTC 2013

I'd love to attend.

And will add thoughts now as well.

Defensive publishing tags:
Make it as easy as possible for the USPTO to find open hardware. Use tags. Build
a distributed, official database for the tags. With backups hosted by various
other supporters (websites) of open technology. Or a BitTorrent type of strategy
where all info from open hardware is distributed and contains tags.

Publish often:
Defensively publish to the USPTO, quite often, and each time include a link to
the hardware info in database.

Include examiners:
Build something that functions like the ip.com system
<http://ip.com/publish/offensive-publishing.html> . According to their other
page <https://publish.ip.com> :

" Assure that your publication can be found and cited by patent examiners around
the world by publishing to IP.com's publishing services"

If they can get patent examiners to browse their ip.com systems, we can get
examiners to browse an open hardware system.

Super easy certifying:
Have people self-certify themselves, as suggested by Marco Perry
<http://lists.oshwa.org/pipermail/discuss/2013-February/000207.html> . Except
have them be sponsored by people in the community, and to pay only if the
community calls BS on their hardware being open. Otherwise it's free to certify,
and this includes for companies.

Each time BS is called on a person or company, their fine to pay increases. And
their license is immediately void for the hardware that failed in being open.

An annual crowdfunding plus any foundation grants helps to cover costs.

Allow video as description:
It's getting easier to webcam your activities
and to add expandable info
<https://make-dev.mozillalabs.com/en-US/projects/interactive-biography> into

Videos <https://webmaker.org> can say so much more than words, and you see the
action and nuances of creating something. Soon we'll have cameras that can
swivel to follow what your hands do. Or people can open-source make it!


Marino Hernandez
(just a founder of Marketply <http://www.marketply.org> )

> On October 23, 2013 at 1:42 AM Alicia Gibb <pip at nycresistor.com> wrote:
>  Hi all,
>  OSHWA is having a small meeting in NYC on the NYU campus with Julie Samuels,
> the  Mark Cuban Chair to Eliminate Stupid Patents branch of the EFF,
> <https://www.eff.org/about/staff/julie-samuels> and Jason Schultz, a professor
> at NYU who has researched many aspects of defensive patents
> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2298593> . They are both
> interested in helping the oshw movement.
>  Unfortunately, the room we're meeting in is small, so we are having a few
> OSHWA board reps present and can only bring in 5 or 6 folks. We wanted to open
> the meeting to any folks on this list eager to discuss lawyer-y stuff. The
> meeting will be on Nov. 11th from around 10am-2pm though I haven't gotten
> exact times yet. Please let me know if you have interest in attending, and if
> you can't attend but have thoughts please send those my way too.
>  Below is a summary of points we'll be talking about though the direction may
> shift during as the day takes course. From the questions we get at OSHWA, we
> feel the community would benefit from further legal knowledge in these areas.
>  Background:
>  Oshw is typically innovated faster than the patent system can keep up with,
> and the patent system is too expensive for small businesses. This was much of
> the basis that the current oshw definition was founded on.
>  Discussion points:
>  1) Fears of someone patenting pre-existing oshw work and the USPTO fails to
> find the prior art. (Hasn’t happened yet to our knowledge.) Includes fears
> that the social contract as definition won’t be enough to hold up in court.
> Similar case studies could help?
>  2) Is there another area we could put aspects of oshw that is not in the
> realm of a patent, but rather User Agreement or Terms of Service?
>  3) Continue the discussion / brain storm implementation of the layering of
> openness / laundry label from the discussion list
> <http://lists.oshwa.org/pipermail/discuss/2013-February/thread.html> .
>  Thanks,
>  Alicia Gibb
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