[Open-graphics] Definition of Open Hardware

[Terry Hancock]

Nicolas Boulay wrote:
>  2006/10/4, Lourens Veen <lourens at rainbowdesert.net>:
> > So, it isn't the case that the ASIC mask is derived from the HDL,
> > and the actual chip is derived from the ASIC mask, producing chips
> > is copying the copyrighted design and selling them is distribution?
>
>  No because GPL is a licence based on copyright laws, a goods is not
>  covered by copyright law.

Actually, this is wrong. Copyrighted copies *are* goods too, and 
copyright certainly does apply to them.  The thing that makes the 
copyright law applicable is that these goods convey information.

A printed book -- a material good composed of paper, cardboard, and ink 
-- is considered to "distribute" its information content.  Printing and 
binding is considered to be part of a reproduction process for that 
information.

Likewise, O/S software burned into a ROM is considered to be software 
distribution (courts have upheld this interpretation in multiple 
jurisdictions).

Note, however, the term "derive" is used incorrectly above.  The ASIC 
mask is "reproduced" onto the chip, just as a litho plate is 
"reproduced" onto a printed page. That is, it is a copying process which 
does not produce a "new work" for the purposes of copyright.  Litho 
plates for a book are under the same copyright as the pages they print, 
as is the typesetting document and the original text file: they're all 
copies of a single "work".

If you want to see what I'm getting at with this distinction, consider 
the boundary case of "photographic images of flat art":

http://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel_Corp

(This addresses whether such a photograph is a new work with a new 
copyright, or merely a copy of an old work -- note that what makes this 
fuzzy is when the copying process is not automatic. In our case, it is 
highly automated, so the case is more clear cut).

Cheers,
Terry

-- 
Terry Hancock (hancock at AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com