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

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