What does it look like when we apply Open Source software licenses andpractices to hardware? How do authors intend for Open Source licenses andcopyleft principles to apply to hardware, across its many types of componentsand interconnects, and what legal frameworks can preserve that intent?Hardware raises new scenarios and questions; how might we extrapolate ourprinciples to them? We'll propose some use cases to explore intent and idealoutcomes, and invite discussion on how to get there. The first hardware-focused Open Source activities started around 20 years ago.But even as open hardware itself matures, the legal aspects remain relativelyunexplored, and many unanswered legal questions remain. We'll examine what"licensing" means in terms of hardware, and discuss the adequacy of currentlyavailable mechanisms to express the intent of the authors and creators of openhardware. From our experience in Open Source software, we naturally attempt tofind parallels in software licenses that can be applied to hardware; however,hardware designs introduce new aspects that have no equivalent in the softwareworld. In particular, we're especially interested in how the ideas and principles ofcopyleft translate. How do things like linking, derivative works, andcompilation operate in terms of hardware? What "exclusive rights" belong toauthors and makers in this domain, and can we offer a license to those rightsthe same way we can for software copyrights? What rights dobuilders/fabricators have? How does a license on a digital description affectthe manufacture, distribution, and copying of the corresponding physicalobjects it describes? How do the various types of components within an openhardware design interact, and how do the licenses of those components interactover the many ways of connecting those components together? And can we applyor adapt existing Open Source software licenses for hardware, withoutfragmenting the ecosystem between software and hardware, especially as thelines between the two become increasingly fluid? We'll explore each of these areas, using as a case study the creation,licensing, and distribution of a product incorporating both open software andmany types of open hardware. We'll offer our thoughts on some possibleproperties of an ideal open hardware licensing framework, seek consensus onhow our principles apply in various concrete scenarios, and invite discussionon how our legal structures can adapt to serve the needs of the developingOpen Source hardware world. |