Matthew Rosewarne on 9 Nov 2007 22:51:29 -0000


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Re: [PLUG] OT? Chumby


On Friday 09 November 2007, James Barrett wrote:
> On Friday 09 November 2007 04:46:04 pm Brent Saner wrote:
> > it'd be neat of you could GPL hardware, or patents, things like that... i
> > mean, that's what Open OEM (http://www.innovationstage.com/openoem/) is
> > doing, but that's just for computers. it'd be nice to have a patenting
> > license that one can apply to ANY type of hardware/mechanics/etc.

The problem with trying to apply a software license to physical goods is the 
difference between a product that can be copied at infinitesimal cost vs. one 
that requires expensive production facilities and raw materials.

> I was thinking of that very same thing a few nights ago.  The tradeoff of
> patents for mechanical items is that you get the sole rights to production
> of your invention only if you show everyone how it is created.  I suppose
> that if someone patented an invention and then licensed production of it to
> people for free, it might work out.  I would hope that with such an
> agreement there would be some sort of binding clause which states that
> improvements on the invention would remain free.  Of course IANAL.  A GPL
> for mechanical items sounds like a great idea to me.

The way the GPL handles patents is that it grants (explicitly) a patent 
license to anyone who uses the product or distributes it under the GPL.  If 
you're only releasing the product under the GPL, then it's a (fairly nasty) 
way to stomp on any non-GPL competitor.  Otherwise, you can license the 
patent out like you would usually.  I'm not sure how that would apply to 
physical objects, though.

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