Deep Dive into - HedgeDoc

# Deep Dive into <img src="https://www.oshwa.org/wp-content/uploads/2014/03/oshw-logo.svg" style="border: none;background: none;box-shadow:none" height="400"> --- ## Deep Dive into Open Source Hardware --- These are Open Educational Resources (OER) used under [CC BY-SA 4.0](https://creativecommons.org/licenses/by-sa/4.0/legalcode). ([source](https://gitlab.com/osh-academy/osh-basics/-/blob/master/slides/s-deep-osh.md)) [26.11.2020 - Martin Häuer]  --- ## Lessons to learn 1. How IP law works (for us) 2. How to open the source 3. How to fund open development Note: The first session was fun, today we have some work. This will be lots of legal stuff. Consider this a summary of lots of legal consultation hours that would have cost loads of money --- # IP Law --- in times of open source hardware Note: Anyone knows what 'IP' stands for? → Intellectual Property --- essentially: 2 mutually exclusive fields (from our perspective) ## Copyright ## Patent law ## + Trademarks --- ## Copyright --- …gives the owner the exclusive right to use and to make copies of a creative work. -- Official 'sharing' of your work requires a license. Note: [Drawing action](lecture-actions/L-deep-osh-draw.md) A license is sort of a standard contract with users. So, you want to broadcast my movie? Pay this fee and stick with those rules and everything will be fine. --- "[no one can copyright an] idea, procedure, process, system, method of operation, concept, principle, or discovery." Copyright Act, Section 102(b) Note: For that we have… you guess it → --- ## Patent --- …gives the owner the exclusive right to make, use or sell an invention […]. -- …shareable by a license. --- ### How to distinguish products from different manufacturers? --- ## Trademark™ --- …identifies products/services of a particular source. | | | | | | ---- | ---- | ----------- | ---- | | name | logo | catchphrase | etc. | OSH action figures can be built by anyone, but only the trademark holder can sell Hulk (or whoever). Note: So let's get more practical → --- ## Old world says: > If you have a great idea: > Go and patent it! ---  <img class="r-stretch" src="https://gitlab.com/osh-academy/osh-basics/-/raw/master/graphics/forbes-screenshot.png"> ([article](https://www.forbes.com/sites/stephenkey/2017/11/13/in-todays-market-do-patents-even-matter/#4e2c9d2c56f3)) ---  ## How is that? Note: [Discussion] 1…5min --- - inventions must be novel & nonobvious - patents are costly - patenting takes a while --- > "Everything that can be invented has been invented." Henry L. Ellsworth, commissioner of the U.S. Patent Office, 1843 report to Congress  Note: Well, we all know that's not true - especially in 1843. But since patentable ideas must be _new_ without infringing an existent patent… --- After almost 550 years of patent law <img src="https://gitlab.com/osh-academy/osh-basics/-/raw/master/graphics/noun_Missing Puzzle Piece_1445716.svg" style="border: none;background: white;box-shadow:none" height="400"> it's hard to find patentable gaps. + keep in mind patents aren't for free  --- filing a patent for main markets (EU, GB, CN, JP, US) = ### 30.000…100.000+ € `…per idea to protect.` Make sure you need it.  Note: - Patents work nationally, so file one in every region - [Q] guess the costs --- using a patent in trial = ### 100.000…30.000.000 € Can you afford using your patent(s)?  Note: avg=3.6m€ similar in the US --- Once filed, the application procedure takes 3…5 years (in the EU). How long is your product lifespan? Note: [Q] How long does the process take? lifespan of consumer products: ~18 months  --- ## But: "Patents give you a guarantee in trial." a seat at the table, both offensively and defensively. That’s it." ([Forbes](https://www.forbes.com/sites/stephenkey/2017/11/13/in-todays-market-do-patents-even-matter/?sh=2edbefab56f3)) Note: Unfortunately that's not the case. value (and legitimacy) of a patent shows off in trail **[Q]** What's offensive/defensive use? --- ## Let's ventilate ![](https://gitlab.com/osh-academy/osh-basics/-/raw/master/graphics/noun_Wind_3377555.svg =400x400) --- ## A word on trademarks: - territorial (as patents) - filing = 250…1.000 €, litigation = 25.000…300.000 € - = exclusive right to sell under your brand (event though it's open source)  --- IP Law in a Table: --- | | Copyright | Patent | Trademark | | -------- | -------- | -------- | ----- | | for | creative act | invention | identity | | applies | by default | when filed | when registered | | costs | - | €€€ | € | | lasts | ~100 years | ≤20 years | as long as paid | --- ## How to open the source? --- ### Hardware = - functional parts - technical documentation - software - art stuff - … Note: [Q] What did you get from last week? --- | patent law | ~~~ | | copyright | | -------- | -------- | -------- | -------- | | functional parts | technical documentation | software | art stuff | Note: Left: _open_ by default, unless there's a patent Right: _closed_ by default, we need a license to open them The fuzzy line between both concepts is somewhere in the documentation --- Since functional parts are _not_ protected by my free/open license… ### How can I prevent others from patenting it? --- Patentable ideas have to be - novel - nonobvious  ### You can't patent 'state of the art'. --- ## Defensive Publishing An idea that has been published in … _any part of the world_ cannot be patented anymore in Germany. Or elsewhere. ### 'published' = resilient timestamp + public access Note: Something published in Hungary cannot be patented in Japan anymore So if you just once told your friend: no timestamp, no public access If you published it on GitLab: resilient timestamp, public access --- ## Let's ventilate ![](https://gitlab.com/osh-academy/osh-basics/-/raw/master/graphics/noun_Wind_3377555.svg =400x400) --- Lazy man's guide to licensing: --- ## Copyright & Copyleft --- ### Copyright free/open source Copyleft --- exclusive right to use, modify and to make copies everyone can use, modify and make copies of all copies and adoptions --- | | | | -------- | -------- | | <img src="https://upload.wikimedia.org/wikipedia/commons/b/b0/Copyright.svg" style="border: none;background: white;box-shadow:none"> | work is closed by default, license to use, modify, copy (for a fee) | | <img src="https://upload.wikimedia.org/wikipedia/commons/8/8b/Copyleft.svg" style="border: none;background: white;box-shadow:none"> | special **licensing scheme** allowing free use, modification & distribution | | | | **including** the adoptions  --- How does this look in practice? --- <img src="https://www.oshwa.org/wp-content/uploads/2014/03/oshw-logo.svg" style="border: none;background: none;box-shadow:none" height="400"> "[Open Source Hardware Logo](https://www.eevblog.com/oshw/)" by [Macklin Chaffee](http://macklinchaffee.com/), is used under [CC BY-SA 4.0](https://creativecommons.org/licenses/by-sa/4.0/legalcode). --- <iframe width="1024" height="576" data-src="https://osegermany.gitlab.io/OHS/din/din-spec-3105-2/#annex-a---label-and-specifications"></iframe> --- # CC BY SA 4.0 | | | | --- | ---------------------- | | CC | Creative Commons | | BY | Attribution | | SA | ShareAlike (copyleft) | | 4.0 | Version | (find all variants [here](https://en.wikipedia.org/wiki/Creative_Commons_license#Types_of_license)) --- ## ShareAlike (copyleft) | | | - | | CC BY-SA 4.0 ↯ CC BY 4.0 | | CC BY-SA 4.0 → CC BY-SA 4.0 → GPLv3 → … | ↳ my-restrictive-license → the end --- ## Attribution ---  <img src="https://wiki.creativecommons.org/images/9/97/8256206923_c77e85319e_n.jpg" style="border: none;background: white;box-shadow:none" height="300"> "[Creative Commons 10th Birthday Celebration San Francisco](https://www.flickr.com/photos/sixteenmilesofstring/8256206923/in/set-72157632200936657)" by tvol is licensed under [CC BY 2.0](https://creativecommons.org/licenses/by/2.0/) ---  <img src="https://wiki.creativecommons.org/images/b/b8/8256206923_c77e85319e_n_90fied.jpg " style="border: none;background: white;box-shadow:none" height="300"> "[90fied](https://wiki.creativecommons.org/images/b/b8/8256206923_c77e85319e_n_90fied.jpg)" by CCID-jane is licensed under [CC BY 2.0](https://creativecommons.org/licenses/by/2.0/) and is a derivative of "[Creative Commons 10th Birthday Celebration San Francisco](https://www.flickr.com/photos/sixteenmilesofstring/8256206923/in/set-72157632200936657)" by tvol, used under [CC BY 2.0](https://creativecommons.org/licenses/by/2.0/) --- ### Good attribution: 1. ✓ name of the work + link to the source(s) 2. ✓ author(s) 3. ✓ license(s) + link to the legal code(s) 4. ✓ optional: changelog  --- ## Popular licenses | copyleft | | | | | -------------- | ---- | ---- | ---- | | strong | [CC BY-SA 4.0](https://creativecommons.org/licenses/by-sa/4.0/legalcode) | [GPLv3](https://www.gnu.org/licenses/gpl-3.0.txt) | [CERN OHL-S](https://ohwr.org/cern_ohl_s_v2.txt) | | weak | - | [LGPLv3](https://www.gnu.org/licenses/lgpl-3.0.txt) | [CERN OHL-W](https://ohwr.org/cern_ohl_w_v2.txt) | | non/permissive | [CC BY 4.0](https://creativecommons.org/licenses/by/4.0/legalcode) | [MIT](https://opensource.org/license/mit/), [Apache 2.0](https://www.apache.org/licenses/LICENSE-2.0.txt) | [CERN OHL-P](https://ohwr.org/cern_ohl_p_v2.txt) | --- ## 3 flavours of copyleft | | | | -------------- | ------------------------------------- | | strong | _everything_ must be free/open | | weak | only direct changes must be free/open | | non/permissive | proprietary adoptions allowed | --- <img src="https://www.oshwa.org/wp-content/uploads/2014/03/oshw-logo.svg" style="border: none;background: none;box-shadow:none" height="150"> "[Open Source Hardware Logo](https://www.eevblog.com/oshw/)" by [Macklin Chaffee](http://macklinchaffee.com/) is used under [CC BY-SA 4.0](https://creativecommons.org/licenses/by-sa/4.0/legalcode). -- 2min -- 1. sell as proprietary work without giving attribution 2. sell as proprietary work giving attribution 3. modify & redistribute under CC BY 4.0 Note: [Q] …and if it would be CC BY? --- ## More practical examples -- 2min -- --- 1. (✓) Merge external code (GPLv3 [s])) with my code (Apache 2.0 [p]) & publish under GPLv3  2. ✓ Merge external code (Apache 2.0) into my _proprietary_, commercial project 3. ✓ Use proprietary components my OSH project (CERN OHL-S v2.0) 4. ✓ Publish technical documentation of my OSH project under GPLv3. 5. Publish your OSH project under CC BY-NC 4.0 (non-commercial use only). --- ## Key takeaways - once it's copyleft, it's copyleft forever - use hardware-/software-specific licenses - refer to the source! give attribution \ check out the [tl;dr/best-practice guide](https://gitlab.com/OSEGermany/OHS-3105-aux/-/blob/master/DIN_SPEC_3105-1_best-practice.md) --- ## Let's ventilate ![](https://gitlab.com/osh-academy/osh-basics/-/raw/master/graphics/noun_Wind_3377555.svg =400x400) --- ## Wrap-up | | applies for | praxis | | -------- | -------- | -------- | | copyright | creative act | free/open license | | patent law | technical invention | defensive publishing | | trademark | product identity | possible business model | --- ## How to make it open? --- - What to release? - 3D models, drawings, PCB layouts - descriptions & rationales - code - …in which format? - original & export format - …under which license? - CERN OHL-S v2.0 (hardware), GPLv3 (software), CC BY-SA 4.0 (other) - …and where? - 80+ OSH platforms (or just GitLab) Note: [Q] That's a repetition, let the course answer these. --- ## A word on communities > If you want to go faster, go alone. > If you want to get further, go with others. ### Share your knowledge & skills, share your issues & needs. So we can solve them together. Note: This essentially includes that you _can_ ask other open source businesses about how they did overcome their struggles. --- # Open revenue streams --- aka funding Note: There are zillions of new opportunities when you make things open. Those are paths that (in hardware) not too many people have tried before you. Stability of business models highly depends on your product and ecosystem. and is still subject to research and entrepreneurship --- ### Localise the critical/unpaid jobs: development, production, repair, service, individual adoption, documetation, recylcing, refurbishment, workshops,… Note: Of course, there's more, but you get the point. --- There are numerous revenue streams. Entrepreneurs usually # mix. Some examples for inspiration: Note: - All of them come with tensions - Look it up at home, check the examples --- ## surcharge on products/services ## --- `…for special know-how/tools` ([RedHat](https://www.redhat.com/en/technologies/all-products)) `…for strong trademarks` ([Arduino](https://store.arduino.cc/)) TENSION simple product & intuitive documentation → users can do it without you --- ## commercial orders specifically requiring open source ## --- `…for niches` ([CERN](https://cds.cern.ch/record/2109248/files/CERN-Brochure-2015-002-Eng.pdf)) TENSION …for niches --- ## open core & proprietary addons ## --- `…for products/services that change` `when scaled (for business)` ([GitLab Enterprise](https://about.gitlab.com/pricing/)) TENSION Community develops your core product, but the cool features are enterprise?? --- ## pay per bug instead of consulting ## --- `…for selling trust` ([Nextcloud](https://hackerone.com/nextcloud?type=team)) TENSION no bugs, no income Note: lower support costs by improving your product --- ## memberships or long-term donations ## --- `…for altruistic projects addressing pressing issues of a large user base` ([FreeCAD](https://www.patreon.com/yorikvanhavre)) TENSION the donation market is highly competitive --- ## crowdfunding --- `…for viral ideas` ([Flipper Zero](https://www.kickstarter.com/projects/flipper-devices/flipper-zero-tamagochi-for-hackers)) TENSION ++short term++ funding with significant PR effort  Note: That's a kickstarter project that asked for 60k and got 4m --- ## shared costs sharing across stakeholders/users of the technology ## --- `…for crucial, anchored technologies` ([Open Compute Project](https://www.opencompute.org/membership/membership-organizational-directory)) TENSION not an actual revenue stream --- ## sell decision-making power ## --- `…for crucial, anchored technologies (infrastructures others build on)` ([Eclipse Foundation Strategic Memberships](https://www.eclipse.org/membership/#tab-levels)) TENSION large enterprises can buy in and decide on your strategy --- ## voluntary contribution --- `…for active communities` ([Brewdog](https://www.brewdog.com/community)) TENSION not an actual revenue stream + the 'market of attention' is highly competitive --- ## public funding public money, public code ## --- `…for research institutes & NPOs` ([RepRap](https://researchportal.bath.ac.uk/en/publications/reprap-the-replicating-rapid-prototyper)) TENSION usually requires a (hosting) public or non-profit organisation (research institutes etc.) --- …this could go on for hours ### Questions to ask yourself: 1. Who are your users? 2. Who are your contributors? 3. What problems are you solving? 4. In which scenario would users/funders pay your work? ### Start mixing! --- # Open Entrepreneurship --- Sigrid ---  # Group action 3…5 people in 2x5 groups --- 1. bicycle 2. e-scooter 3. COVID-19 ventilator 4. laptop 5. smartphone ---  #### Open value proposition to the funder --- **Situation:** Each group just won a public grant to make this product a) open source ++and++ b) suitable for sustainable business Each group creates a value proposition canvas to be presented to the funder (not actually the case).