[Open-graphics] Definition of Open Hardware

[Lourens Veen]

On Wednesday 04 October 2006 18:41, Nicolas Boulay wrote:
> I think you miss my point. Most of goods are derivative forme of work
> of copyrighted materials.
>
> But a licence can't have an effect on the way to use the product. A
> licence on copyright could restrict you lot of things but not  the
> use of a goods. When you buy a CD you only have a right to listen it,
> you have no right on the copyrighted materials, but you can resell
> the CD or give it to a friend.
>
> The trick on the GPL about the derivative form of work can't be
> extended to the tangible world. In the GPL, it's the use of the
> software that give you the right to have the source code.

No, it isn't. Using GPL'ed software does not bind you to the terms of 
the GPL. It can't, because use is not covered by copyright, so there is 
no way the GPL could be invoked. The trick is that you obtain the 
programme from somewhere, that is, someone gave you a copy. That person 
is copying and distributing, which means that that person is engaging 
in activities prohibited by copyright law. The only way for that person 
to do so is to accept the GPL, which puts him under the obligation to 
provide you with the corresponding source code. Hence you are not given 
any rights; the person giving you a copy is given a duty, which ensures 
that you have access to the source code.

> Every object came from plan but plan licence can't affect the use of
> the object.

Agreed.

> > 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.
>
> They carry it but a licence on the information can't affect the use
> of the object (software have a separate law for that).

Software uses click-wrap licences to limit use, which is a form of 
contract. It has nothing to do with copyright. Unless I missed 
something.

Lourens
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 191 bytes
Desc: not available
Url : http://kayan.duskglow.com/pipermail/open-graphics/attachments/20061004/99a8a9a7/attachment.bin