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Opened Mar 04, 2022 by Fabian Flüchter@FFlue
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Does "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 @moedn

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Reference: project/cernohl#52