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| Silivrenion | Ok, I have a question | 11:49 |
|---|---|---|
| Silivrenion | I have a schematic i've made, and I was wondering if creative commons can protect physical objects, like the object my schematic makes | 11:50 |
| bkhl | Depends. | 11:50 |
| bkhl | Regularly you would use a patent for that, which CC doesn't cover. | 11:51 |
| Silivrenion | when would it be appropriate to use CC for this purpose? | 11:52 |
| bkhl | You can use CC to license the schematic itself. | 11:52 |
| bkhl | But for instance building the thing and selling it might not be considered publication, and thus not covered by copyright, in some jurisdictions. | 11:52 |
| Silivrenion | all i want is my design to be protected. I don't care if people make profit over it | 11:53 |
| bkhl | Basically, CC covers your publication, but not the _ideas_ in it. | 11:53 |
| bkhl | Well, putting the schematic under CC won't be any different from doing it with any text or image. | 11:54 |
| bkhl | It's just that it might | 11:54 |
| bkhl | a) not automatically give recipients the right to build (though mostly that's probably fair use) or sell the items | 11:55 |
| bkhl | b) not actually apply at all to uses involving building the gadget, since that's not governed by copyright at all | 11:56 |
| bkhl | You might be better off with a license like the GPLv3 (when that's done), which will probably include a patent disclaimer of sorts. | 11:56 |
| bkhl | In essence, what you probably need to do is to include in your license some sort of promise not to hit any recipients with patent lawsuits over using the content. | 11:57 |
| bkhl | There's a bunch of Free Software/Open Source licenses that does that, but no more general licenses, that I have seen. | 11:59 |
| Silivrenion | mmhm | 12:00 |
| bkhl | It comes down to why patents suck, in addition to why copyright sucks, I guess... | 12:02 |
| Silivrenion | well people will build things if they can, theres no stopping that, but the only thing that really can be protected is the circuit design and schematic | 12:03 |
| bkhl | Exactly. | 12:03 |
| bkhl | But it's not really clear if even the circuit design is covered by copyright, or just your particular print of it. | 12:03 |
| Silivrenion | hmm | 12:04 |
| bkhl | Here (Sweden) reverse engineering is explicitly legal (for a little while longer, at least...), so it is probably still pretty clear. | 12:04 |
| bkhl | So if someone would take one of your devices and make their own schematic, it wouldn't have anything to do with your copyright at all, only possibly patents you might hold. | 12:05 |
| Silivrenion | well reverse engineering isn't necessary if my design is public -- but people using my design give credit | 12:05 |
| Silivrenion | hmm | 12:05 |
| bkhl | But they only have to if the stuff they do using the design is to be considered derivative works. | 12:05 |
| Silivrenion | are these limitations you can include in a CC license? | 12:06 |
| bkhl | This is about when copyright is applicable at all or not, so there's nothing you can add or remove from the CC license to change it. | 12:06 |
| Silivrenion | oh | 12:06 |
| bkhl | The CC license gives people certain rights they would otherwise be denied due to copyright laws. | 12:07 |
| bkhl | But it can't add restrictions. | 12:07 |
| Silivrenion | hmm, so its a matter of when the whole open source idea moves to physical objects, thats when my design will be protected? | 12:07 |
| bkhl | If it did, it wouldn't be a license anymore, but a contract, and would require a mutual agreement of some sort. | 12:07 |
| bkhl | That's when copyright probably doesn't apply anymore, and you would need a patent. | 12:08 |
| Silivrenion | i see | 12:08 |
| bkhl | But a patent would add complexity back to the copyright license. | 12:08 |
| bkhl | A CC license doesn't really grant any rights at all, if you can hit the users with a patent suit at any time. | 12:08 |
| Silivrenion | yah... well thanks anyway for the information | 12:09 |
| bkhl | So the copyright license would have to include some sort of promise not to use the patent against people getting the thing under the license. | 12:09 |
| Silivrenion | :) alright, thanks again | 12:10 |
| bkhl | No problem. | 12:10 |
| bkhl | Just don't take anything of this as legal advice. You would probably need to talk to someone legally trained in your jurisdiction. | 12:10 |
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