[Discuss] from a CC-BY-NC-SA documentation, could a product be sold ?

[Dr. Peter Troxler]

> On 24 Feb 2016, at 17:37, Antoine C <smallwindturbineproj.contactor at gmail.com> wrote:
> 
> Thank you Peter.
> 
> Le 24/02/2016 10:08, Dr. Peter Troxler a écrit :
>> probably your design is not copyrightable
> 
> However, because the design is copyrightable due to a particular clause
> of French intellectual property right, my question is more focused on
> the particular CC-BY-NC-SA downstream effects for hardwares.
> Then ... ?

out of curiosity: could you point me to that legislation?

If the object is copyrightable, then page 10-11 in "3 steps ..." applies:

> The Easy Case: Files for Copyrightable Objects
> 
> In most situations, files for copyrightable objects—those are the non-functional
> objects discussed earlier—can be thought of the same way as files that contain digital photographs. The file and the object are both parts of the same bundle, and the person who owns a copyright in the object will probably also own the copyright in the file—and 
> 
> vice versa. Since the object is already protected by copyright, there is no risk that the copyright in the file will be used to incorrectly bring the object itself under the umbrella of copyright protection. A single license can be—although does not have to be—used to control both the file and the object itself.
> 



> 
> Freely,
> Antoine C.
> 
> Le 24/02/2016 10:08, Dr. Peter Troxler a écrit :
>> Hi Antoine
>> 
>> I think it depends on the copyrightability of your original design
>> (read up here https://www.publicknowledge.org/files/What's%20the%20Deal%20with%20Copyright_%20Final%20version2.pdf <https://www.publicknowledge.org/files/What's%20the%20Deal%20with%20Copyright_%20Final%20version2.pdf> and here https://www.publicknowledge.org/assets/uploads/documents/3_Steps_for_Licensing_Your_3D_Printed_Stuff.pdf <https://www.publicknowledge.org/assets/uploads/documents/3_Steps_for_Licensing_Your_3D_Printed_Stuff.pdf>)
>> 
>> most probably your design is not copyrightable so your license is invalid and any use allowed
>> 
>> TINLA, IANAL
>> 
>> / Peter
>> 
>>> On 24 Feb 2016, at 09:25, Antoine C <smallwindturbineproj.contactor at gmail.com> wrote:
>>> 
>>> Hello all.
>>> 
>>> Yesterday, a friend ask me this question: "if I upload a 3D printing
>>> openscad file on thingiverse under the creative common
>>> Attribution-NonCommercial-ShareAlike 4.0 International licence, this
>>> file being a documentation for a functional thing as a innovative spare
>>> part for a machine, then, will the downstream manufacturing spare parts
>>> for commercial purpose made by a company using the file to manufacture
>>> the parts be allowed ?"
>>> 
>>> I would say "no, its not allowed".
>>> 
>>> What is your point of view ?
>>> 
>>> Freely,
>>> 
>>> Antoine C.
>>> 
>>> _______________________________________________
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>>> http://lists.oshwa.org/listinfo/discuss
>> 
>> 
>> 
>> 
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