Topic: Question of Ownership

Continuing on a similar topic to my post on Microbusiness and Chumby...I have another important question.

This one is a hypothetical... (just for variety smile ...)

If someone had a really nifty idea to improve Chumby...it was *really* good...they set up a microbusiness using their idea to sell a product or information about the idea itself (say a diagram or instructions). How do they protect their idea? Do they just sell the product/info with no copyright or whatever and then let other people copy and onsell it? Do they just hope that they continue to do it better than others to keep their customer base...or what?

Then say the idea is *really* popular...a simple, elegant solution to a perceived problem with chumby....the Chumbians say "Why didn't we think of that?! This should come standard for all future Chumbys and we could also sell squillions of spin off products/info because of this wonderful new feature and rake in zillions of dollars all for us....mwah, ha, ha, ha, haaar" (Sorry, I took that one a bit far!). Does the person who came up with the idea get any compensation/recognition for their original idea?

Where does the developers' IP/copyright stop and Chumby Industries' begin?

Where does it start and stop with ideas presented to the forum? Is this considered an OpenSource forum and therefore everything presented within is for the community to use? Do the Chumby lawyers have a stance on this?   (I'm just really curious...not out for cash...despite my jokes to the contrary!)

I'm just really trying to get my head around this OpenSource (but still for profit) symbiotic business model we are creating here....I know it is the model for the future but where is the benefit for the little guy? Is it going to be a fair model?

I have read comments on the net to the effect that chumby forumers are just happily (stupidly) developing Chumby Industries' product for them...that we are all gullible. Now that is not quite my take on this company...but I really want to know where Chumby Industries stands on these issues...and how does this all work in an international context???

(Please help...my head kinda hurts from thinking about it.... sad )

Re: Question of Ownership

Angela,

Hang in there, we should have our new license up on our site by next week.  It should hopefully address all your questions and concerns.  I will also be doing a blog post on this to make sure it's well known and understood.  I hope you'll both easily understand it and like it smile

st

Re: Question of Ownership

Excellent...great to see you engaging with the forum Steve!

4 (edited by Steve Tomlin 2006-09-17 19:34:02)

Re: Question of Ownership

Yes, a clearer license is coming soon, probably next week.  But this part won't really change.  The basic deal is that, essentially, we're providing our hardware design pretty freely to the community.  In return, any public innovations driven off of our design are available for us to use as well.  Doesn't say that we will -- in fact hard to imagine that we could, or would even want to, incorporate every great idea out there -- but just that we may.  We really can't allow our platform to be locked out of potential directions for future innovation -- that's one of the benefits of openness.  And then that innovation ends up back in the community under our license to engender further innovation.  That's what we're trying to accomplish with this approach.

Re: Question of Ownership

Thanks Steve. No pressure...just trying to get my head around lots of things relating to Open Source business models at the minute. From all accounts it's not just me. Microsoft is scrambling to figure out the new terrain too...

I thought it may have been the new license because something to do with the font changed on the site, perhaps.

Just a suggestion...do you know that easy guide to selling on Ebay pamphlet? Something like that for selling Chumby bits might be an idea to put on the bottom of your already extremely long to do list.... smile

Re: Question of Ownership

It's now December & I still don't see any hints of licenses.

What I have heard is bunnies talk in Cory's class & something he said bothers me. {please correct me if I misinterpreted}

Part of the share-alike/sell-alike seems to apply to hardware.

I don't see how that's enforceable.  Board-level design is not protectable, at least in the USA.  The actual schematic drawing is copyrightable, but that only protects the expression, not the idea behind it.

http://www.chumby.com/resources/Rev21_pcb_release.pdf

is dead, so I don't know if there was an "agreement" on it or the TOS of chumby.com claims an agreement is formed by retrieving files.  Even without the schematic, I can legally follow traces on a PCB and create my own.

bunnie implied that if I make something that hooks up to a Chumby (let's assume it's something that requires opening the case & hooks up inside rather than via USB or Wi-Fi), my design has to be "open source" also.

Or else what?

I also don't see how this applies to software.

Suppose I produce software A, a patch to the code flashed in to Chumby that lets it run binaries from a USB, and release the source.  I assume the GPL on the Linux kernel requires this  "mere aggregation" for embedded devices is still unclear.  TiVo got away with putting closed binaries on a hard disc along with GPL code, but in a closed (meaning most users don't pick & choose the software they load) box. I think it's a stretch to apply an exception that originally applied to code collected on a tape mailed from Cambridge.  Linus "glossed" the GPL allowing userland closed bins, but would that hold up?

Next I produce a closed binary B, which runs from a USB stick.  Maybe its a VOIP app and I don't want to share my CODEC source because getting good compression on a 266MHz ARM 9 is hard.  It has to be a binary because teensy Flash doesn't have the power to let me do what I want.

--

My real application is to maybe use Chumby as a UI for devices using cheap, low-bitrate, low-band RF digital networking, so a PC isn't required.  The cheapest way to add the tranceiver is directly to the ARM's bus inside the box rather than as a USB slave, provided there are some headers with the signals I need.  The link to this

http://www.chumby.com/resources/Sensor_ … elease.pdf

from the wiki page implies that that there are, but it's another dead link.

--

Look- these guys sell iPod connectors:

http://www.sparkfun.com/commerce/produc … cts_id=633

but they have no "Made for iPod" logo (a trademark licensed as part of an agreement).  Maybe there's a patent on the connector and the manufacturer licensed that & the cost is appropriately burdened.

Anyone can buy these and make a thingie that talks serial remote (reverse engineered & available here:

http://ipodlinux.org/Apple_Accessory_Protocol

)  to an iPod.

If the connector is patented, a person could sell a device that requires soldering 30 wires to an iPod.  There's nothing Apple can do to prevent you from opening your device, cutting traces, wiring in extra stuff, probing it with an oscilloscope, whatever.

--

Disclaimer:

My name is Morgan Woodson.  I sent bunnie some email back in the xbox days about Sony v. Connectix & other reverse-engineering case law & I met him at the Maker Faire.  I am a fan & I'm looking forward to getting a Chumby because a Gumstix just sits in a shoebox if you can't find the time to hack it, but a Chumby is fun even without the hacking.  I'm also a coder in the iPod group at Apple (thus no hacking time).  I am not a lawyer and http://williampatry.blogspot.com/ demonstrates why amateur lawyering on IP issues is a bit silly-- it's always way more complicated that you could imaging.  However, I want to know what Chumby is up to.

{the Apple disclosure is just that, not any kind of endorsement, implied or expressed}

Re: Question of Ownership

morganw wrote:

It's now December & I still don't see any hints of licenses.

This is something I have been waiting for too. My concern is that Chumby Ind. is not giving potential spin-off businesses enough information and time to build a solid business plan prior to the launch date.  While it is a nice idea to have your own little "cottage industry" the reality of the legal/tax landscape means that this is no longer possible. It involves paperwork and a significant financial commitment if you are considering doing anything that could be construed as a "business" rather than a "hobby".

Re: Question of Ownership

As far as the "broken links" are concerned, please let me know where those came from.

The links on the devhardware page on the website seem to be correctly pointing to files.chumby.com, which is where these files are actually hosted.

I'll ping Steve Tomlin to address the license issues you've brought up.  He's on his way back from a business trip.

9 (edited by Steve Tomlin 2006-12-07 22:06:58)

Re: Question of Ownership

Yes, sorry, been mostly running around the world and worrying about getting chumbys made quickly, cheaply and well.  Happy to say some real progress here.

I have not been sufficiently focused on updating our hardware license on the Chumby website.  I'll try to get to it next week, i.e., before the holidays.  Once I put it up, I'll blog about it and would like to hear your feedback.  Hopefully will make things clearer and will satisfy your concerns -- we really are trying to make this as wide-open as possible.  If you are still unhappy with it, let me know -- want to understand any issues with it.

Sorry to be so slow on this issue and to cause fretting.

st

Re: Question of Ownership

Duane wrote:

As far as the "broken links" are concerned, please let me know where those came from.

The links on the devhardware page on the website seem to be correctly pointing to files.chumby.com, which is where these files are actually hosted.

The links came from http://wiki.chumby.com/mediawiki/index. … for_chumby

If they had worked, they would have allowed access to schematics without agreeing to the HDK, which I'm not about to do.  The "no derivative works unless you agree" for *hardware* is unprecedented, and the thing you have to agree to is "license licensee."

I understand that it doesn't make sense to compare Palm, who benefits from accessories because they make Palm's device more attractive and they're making their money on hardware, to Chumby, selling the hardware for a slim margin & making money on the service, but you've cut off a whole bunch of applications that wouldn't compete with the Chumby service.

What about turning on my hot tub from work so by the time I get home, it's hot?  Chumby is the controller, tracking water and ambient air temperatures and providing a local UI through the LCD/touchpanel.  Nope- can't connect through the internet.

-M

Re: Question of Ownership

Right - I think these are the issues that Steve will address when he gets back.  We got some early feedback on this agreement and have revised it, but we haven't published it yet.

I don't think *we* posted that page on the wiki.  I guess somebody thought it was a good idea or something.

12 (edited by Steve Tomlin 2007-01-09 11:35:26)

Re: Question of Ownership

Here's the link to my blog post describing the new license:

http://chumby.wordpress.com/2007/01/08/ … more-open/

or go directly here to see the license in full:

http://www.chumby.com/developers/developer

Sorry that I wasn't able to post this until now.

Re: Question of Ownership

What about widgets that we create? Maybe when you go to select the widget, there could be an optional by-line?

Re: Question of Ownership

As far as ownership, you clearly own the widgets you create, assuming you haven't incorporated some code or content that belongs to someone else and isn't free to be included.  Obviously you have to give us the right to distribute the widgets, otherwise it makes no sense for them to be uploaded to our service.

As far as attribution, we're trying to figure that out.  The person that uploaded the widget may not be the author or copyright holder for the widget, so we don't want to give the wrong person credit.

Of course, an author can certainly embed such information into the widget itself, although one would have to be careful not to annoy the user.