[Discuss] Legal Meetup Nov. 11th in NYC

[Marketply]

Thank you, Michael.

I think the meeting is actually a great time/place to discuss a trademark
option. My suggestion had been a reply specifically to point #2 and # that
Alicia highlighted as points of discussion:

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> .

Patents are expensive, although defensive publishing is a lot more affordable
and its costs can even be lowered further with a good strategy and getting
patent offices to routinely browse the system. (Providing more detail than
current patents do  video sample, pics, sample code, sample use, etc would
definitely ease the patent examiner's job and make it far more likely they'll
check the open hardware database).

Trademarks to certify can be used as an additional layer with defensive
publishing for a potent combination, or even alone pretty effectively.

And it's a great chance to discuss the trademark option because people with
legal expertise will be present to consider its feasibility.

In any case, if OSHWA likes what we do with the Freedware licensing, they can
opt to become its steward. (with the Freedware community's blessing, of course).
Instead of having duplicate efforts. Or if they want, to create their own and
we'd offer to help kick it off.

😃,

Marino Hernandez
(just a founder of Marketply <http://www.marketply.org> )
203-429-4205



> On October 24, 2013 at 1:39 PM Michael Weinberg
> <mweinberg at publicknowledge.org> wrote:
> 
>  I'll +1 on the TM/certification front.  I don't know that it is an either/or
> with patents, and the details will matter (a lot), but conceptually it is
> quite attractive as an option.
> 
>  Of course, that doesn't mean that this meeting is the right time/place to
> talk about it.  But the fact that it doesn't get discussed at this meeting
> also doesn't mean that it isn't worth talking about.
>  -michael
> 
> 
>  On Thu, Oct 24, 2013 at 1:08 PM, Marketply <contact at marketply.org
> <mailto:contact at marketply.org> > wrote:
>    > >    Thanks for your input Michael,
> > 
> >    We won't be shaming anyone, nor taking retribution. The process has an
> > inherent reward for good behavior: credibility. That, together with
> > respect/fellowship is enough to make the process self-efficient.
> > 
> >    Also, as you say it'll be self-correcting because people will remember
> > wrong certifications made in bad faith in a system that's transparent and
> > open.
> > 
> >    😃,
> > 
> >    Marino Hernandez
> >    (just a founder of Marketply <http://www.marketply.org> )
> >    203-429-4205 <tel:203-429-4205>
> > 
> > 
> >    > On October 24, 2013 at 1:04 AM Michael Turner <
> >    > michael.eugene.turner at gmail.com
> >    > <mailto:michael.eugene.turner at gmail.com> > wrote:
> >    .....
> >    > I'd charge a deposit for certification evaluation, which would not be
> >    > refunded if it turns out basic criteria aren't met. Those that failed
> >    > would furthermore see their applications appear on a Wall of Shame,
> >    > with a Most Shameless Application of the Month featured. They'd have
> >    > to pay even more to get de-listed from the Wall. But since they
> >    > submitted their application in the open, nothing prevents others from
> >    > copying onto a Wall of Shame of their own. Hey, sorry, we don't even
> >    > know those people. You'll have to go talk to them, to see what their
> >    > ransom demands are. What do you mean, "blackmail"? Did you read the
> >    > fine print?
> >    >
> >    > Naturally, I'd call this "the Open Process for Openness
> >    > Certification." It sounds cooler that way.
> >    >
> >    > Regards,
> >    > Michael Turner
> >    > Executive Director
> >    > Project Persephone
> >    > K-1 bldg 3F
> >    > 7-2-6 Nishishinjuku
> >    > Shinjuku-ku Tokyo 160-0023
> >    > Tel: +81 (3) 6890-1140 <tel:%2B81%20%283%29%206890-1140>
> >    > Fax: +81 (3) 6890-1158 <tel:%2B81%20%283%29%206890-1158>
> >    > Mobile: +81 (90) 5203-8682 <tel:%2B81%20%2890%29%205203-8682>
> >    > turner at projectpersephone.org <mailto:turner at projectpersephone.org>
> >    ><http://www.projectpersephone.org/>
> >    >
> >    > "Love does not consist in gazing at each other, but in looking outward
> >    > together in the same direction." -- Antoine de Saint-Exupéry
> > 
> >    _______________________________________________
> >    discuss mailing list
> >    discuss at lists.oshwa.org <mailto:discuss at lists.oshwa.org>
> >    <http://lists.oshwa.org/listinfo/discuss>
> > 
> >  > 
> 
>
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