I'm also not a lawyer but the use of the Hardware Design Files in the public
domain depends on the license itself. They can be in the public domain and
still be subject to a license or other use restrictions (eg, like books in a
library).

Stephen

On 22 Feb 2007 19:35:17 +0000, Paul Fidler <praf1@cam.ac.uk> wrote:
>
>
> Just a quick comment on the BOHL:
>
> The licence currently has this paragraph in the terms and conditions for
> designers section:
>
>   You may not allow the Hardware Design Files to pass to anyone other than
>
>   a member of the Design Group unless the Design Group has agreed that the
>   Hardware Design Files may be placed in the Public Domain. Placing the
>   Design Files in the Public Domain does not alter the functioning of the
>   Design Group within the context and operation of the License.
>
> First: I'm not a lawyer. All that follows may be rubbish. Second: I think
> we need to be a bit careful about using the term 'Public Domain'. it has a
>
> specific legal meaning in some juristictions. My concern is that if the
> Hardware Design Files are in the public domain then they may no longer
> subject to any licence at all! Anybody can do anything they like with
> them.
> It is difficult to square this with the final sentance (added in v2) of
> the
> paragraph which seems to imply that the licence will continue to operate.
> There is no licence to continue to operate.
>
> I don't think the provision should be deleted entirely. There may designs
> for which keeping strict control of the Hardware Design Files is not
> desirable. For example, although we wouldn't want a proliferation of
> balloon-a-like boards, it would be nice to have a large number of add-on
> boards. A BHOL'd proto add-on board for which the Hardware Design Files
> were available to all (having been made available by the Design Group)
> would be a good thing as we all then benefit from any add-ons derived from
>
> it.  (If anybody wanted to make a proprietary add-on board they could, but
> they couldn't make use of the proto board's Hardware Design Files and
> would
> need to start a new design from scratch.)
>
> Can the paragraph be re-worded in such a way that Hardware Design Files
> can
> (with the agreement of the Design Group) be made available under the same
> terms as the Hardware Manufacturing Information? Am I wrong about 'Public
> Domain' being potentially undesirable?
>
>
>
> Paul Fidler
> --
> Cambridge University Engineering Department | Tel: +44 1223 332816
> Trumpington Street, Cambridge, CB2 1PZ, UK  | Fax: +44 1223 332662
>
>
> _______________________________________________
> Balloon mailing list
> Balloon@balloonboard.org
> http://balloonboard.org/mailman/listinfo/balloon
>