IP and open-source hardware...

Ant Invent

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Oct 12, 2016, 5:52:38 AM10/12/16

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Hi all,

Is anybody here well-versed in patent/licensing law? I'm curious about the legal aspects surrounding reverse-engineering proprietary hardware and subsequently using 'protected' designs to contribute to/initiate open-source projects.

I don't want to start a big ethical debate here about intellectual property vs common knowledge heritage etc, I'm simply interested in a legal perspective.

Could claims be brought against open-source contributors if the designs are widely distributed for free, even if they are reproduced in a not-for-profit/personal-use-only fashion?
Any input would be greatly appreciated :)
Ant

tim_n

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Oct 12, 2016, 6:10:24 AM10/12/16

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I am not a lawyer and this is my opinion. Reverse engineering a protected device is unlikely to get you into trouble. Publishing the results may be argued that you are part of any copyright infringement action. Any protection a patent has can only hold up as long as it is enforced. If they did not sue the distributer, their patent could effectively be considered null and void. It'd be irrelevant if it was not-for-profit or personal use only.

All of the above may be utter nonsense, but it's my brief understanding. Email me off list and I can put you in touch with a retired patent attorney.

Ant Invent

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Oct 12, 2016, 6:13:52 AM10/12/16

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Further question, does 'use' of a patented invention include creating designs for further technology that uses the protected bits, or does it have to actually be physically built and used? eg. If I released online free designs for a lawnmower that used someone else's patented sprocket design, and an infringement case was brought, would I be liable for disseminating the designs? Or would the people that went on to build and use the actual machines be liable?

On Wednesday, 12 October 2016 10:52:38 UTC+1, Ant Invent wrote:

Ant Invent

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Oct 12, 2016, 6:52:51 AM10/12/16

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That's great, thanks Tim. I'm aware of a lot of non-profit research debate in which it is often emphatically stated that non-profit use is not exempt from IP protections, open-source hardware further muddies the water as it tends to be either collaboratively owned or not owned at all... I'll drop you that email!

Billy

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Oct 12, 2016, 11:34:53 AM10/12/16

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I started to type up a reply, but when it started to go beyond two pages, i decided to put it up as a blog-post. I'll post a link in this thread when i have completed it.

Short answer to your original question, "it depends..." :))

Not the most useful of answers, but the most accurate answer i can give right now. i'll give a fuller answer in the essay.

Ant Invent

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Oct 12, 2016, 2:59:41 PM10/12/16

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Brilliant, thanks again Billy! Looking forward to reading it

Billy

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Oct 17, 2016, 7:45:35 AM10/17/16

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Still working on that article, when i'm not getting sidetracked.

One event that might be of interest is taking place on Thursday evening, http://www.hardwareacademy.io/intellectual-property-for-tech-startups

Tickets booked via Eventbrite, https://www.eventbrite.co.uk/e/intellectual-property-for-tech-startups-the-deep-dive-tickets-27801634437

The speakers are mostly "IP" law firms and consultants, so the underlying theme will be "Pay us lots of money for our professional services, as it's very complex", but as long as you can wade past the sales BS, it's the chance to get some advice from qualified professionals.

tim_n

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Oct 17, 2016, 12:19:58 PM10/17/16

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Hopefully you got the email reply?

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