CERN Open Hardware Licence issueshttps://ohwr.org/project/cernohl/issues2022-03-07T17:56:51Zhttps://ohwr.org/project/cernohl/issues/52Does "Convey" include selling Covered Source?2022-03-07T17:56:51ZFabian FlüchterDoes "Convey" include selling Covered Source?Dear all,
I noticed that according to clause 1.3 of CERN OHL 2 - s, there seems to be a difference between Conveyance and "sale", as the two seem to be separate elements in the definition of Source. According to clause 1.13, Convey means to communicate to the public or distribute, without specifically mentioning sales.
Now I wonder whether Convey includes selling Covered Source as "distribution", since sales do not seem to be specified in the license grant in clause 3. In clause 7 on the other hand, "offer to sell" and "sell" are specifically listed as part of the license grant for patents. Therefore, from a purely legal point of view, I wonder if the argument could be made that selling covered source is not allowed under the CERN OHL 2.0 -s, except when the Covered Source is patented.
This also applies to the other CERN OSH 2.0 licences.
From the rationale document and the FAQ, I assume that the CERN OHL 2.0 is not supposed to be for non-commercial use only. I would greatly appreciate your thoughts on this.
Best regards,
Fabian
@serrano
@Myriam
@andrewjskatz\_at\_gmail.com
@moednhttps://ohwr.org/project/cernohl/issues/51Consider defining "modify" or "modified source"2020-11-28T15:23:42ZJavier SerranoConsider defining "modify" or "modified source"See https://forums.ohwr.org/t/distinction-between-commercial-use-of-a-core-and-further-development-of-the-core/848601/5https://ohwr.org/project/cernohl/issues/48Is the S variant trying to reach too far in section 4?2020-10-07T14:29:43ZJavier SerranoIs the S variant trying to reach too far in section 4?See Pam's concern at https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2020-October/004920.htmlhttps://ohwr.org/project/cernohl/issues/46Clarify section 5 of -W and -S (Research and Development) and create an FAQ e...2020-10-07T14:28:26ZAndrew KatzClarify section 5 of -W and -S (Research and Development) and create an FAQ entrySection 5 of -S and -W (see text below) grants permission to convey to a third party for R&D purposes, provided they are not able to use the Source or Products for their own use. This is an additional permission to those granted by the rest of the licence, and allows a licensee to use an external organisation for R&D without that organisation being granted rights for onward distribution etc. There is nothing stopping a licensee from treating an external R&D organisation as a normal third party, however. This sometimes causes confusion, that the fact that it's an *additional* permission should be referenced in any subsequent version, and the purpose of the section should be clarified in the FAQ.
5 Research and Development
You may Convey Covered Source, modified Covered Source or Products to a legal entity carrying out development, testing or quality assurance work on Your behalf provided that the work is performed on terms which prevent the entity from both using the Source or Products for its own internal purposes and Conveying the Source or Products or any modifications to them to any person other than You. Any modifications made by the entity shall be deemed to be made by You pursuant to subsection 3.2.Andrew KatzAndrew Katzhttps://ohwr.org/project/cernohl/issues/28Check with Github if they could include hardware licences in their templates2020-03-20T13:42:50ZJavier SerranoCheck with Github if they could include hardware licences in their templatesSimilar to the issue about [GitLab](27)https://ohwr.org/project/cernohl/issues/27Add our support to the request to include hardware licences in gitlab.com tem...2020-03-20T13:41:18ZJavier SerranoAdd our support to the request to include hardware licences in gitlab.com templatesSee https://gitlab.com/gitlab-org/gitlab/-/issues/118590https://ohwr.org/project/cernohl/issues/26Comments on the text by some of our friends (to be discussed next time we go ...2020-03-16T21:45:03ZJavier SerranoComments on the text by some of our friends (to be discussed next time we go into drafting mode)In CERN-OHL-S:
> 2.1 This Licence governs the use, copying, modification, Conveying
of Covered Source and Products, and the Making of Products. By
exercising any right granted under this Licence, You irrevocably
accept these terms and conditions.
Maybe another "and" before "Conveying" would make this easier to parse.
> [3.3]d) license the modified Covered Source under the terms and
conditions of this Licence (or, as set out in subsection
8.3, a later version, if permitted by the licence of the
original Covered Source). Such modified Covered Source must
be licensed as a whole, but excluding Available Components
contained in it, which remain licensed under their own
applicable licences.
Maybe revise the first clause to "Such modified Covered Source must be licensed as a whole **under this Licence**...."
> 7.1 Subject to the terms and conditions of this Licence, each
Licensor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as
stated in subsections 7.2 and 8.4) patent license to Make, have
Made, use, offer to sell, sell, import, and otherwise transfer
the Covered Source and Products, where such licence applies only
to those patent claims licensable by such Licensor **that are
necessarily infringed by exercising rights under the Covered
Source** as Conveyed by that Licensor.
Maybe "exercising rights to the Covered Source under this Licence" would be a bit clearer here