Open NDA

[G.Seaman@westminster.ac.uk (Graham Seaman)]

[This is Ian Carr-de Avelon's proposal for an 'Open-NDA',
also first posted to openip@egroups.com]


> Reply-To: openip@egroups.com
> Date: Fri, 8 Oct 1999 10:57:32 +0100
> From: Ian Carr-de Avelon <avelon@emit.pl>
> 
> >	As far as I know at least PCB layouts are copywritable. Besides
> >only a lawyer can really let us know what the legal ssituation is.
> But if I make a PCB which is electrically equivalent to yours, but
> looks different, have I broken your copyright? Back to the lawyers.
> 
> >You guys do not seem to have a clear understanding of the nature of
> >copyrights and patents.
> Does anyone once we are talking about rights acrose the whole world?
> >
> >A copyright is automatic.  It does not even require registration.
> But Eg. under US law you have to put the symbol?
> >
> >A patent requires an expensive and lengthy application process.
> >
> >In the US a copyright is restricted to non-functional non-utilitarian
> >aspects of a work.  In the UK the copyright protection is broader.
> So there is no US copyright on software? Or on the comments but not 
> the code?
> 
> Again I'm back to the idea of throwing away the protection which may 
> or may not exist in some contries, and making our own agreement, which
> as long as it is basicly fair ought to be accepted by any court anywhere.
> 
> 				OpenNDA 0.0
> 				===========
> This is the OpenNDA version 0.0 it is copyright Ian Carr-de Avelon 8 Oct 1999,
> it may be reproduced and distributed freely.
> Modified versions may be produced providing that they are not called "OpenNDA"
> without agreement of the Author or anyone to whome the author later assigns
> the right to make new versions or endorse new versions.
> 
> Definitions
> ===========
> Electronic component.  
> An electronic component is any physical device made from a material or 
> collection of materials which are chosen because of electrical properties
> essential to the intended perpouse of the component.
> 
> Programing
> Programing is changing, permenantly or temperarily, the electrical properties
> of the materials or part or parts of the materials in a component in order
> to change the properties of the component.
> 
> Electronic Design
> An electronic design is a description of how a collection of electronic
> components can be: connected, brought into proximity or an
> arangement relative to eachother, and/or programed; so that the conglomeration
> has properties which the components do not have if they are not: so connected, 
> brought into proximity or an arangement relative to eachother, and/or 
> programed.
> 
> Agreements
> ==========
> Open Comercial ware NDA
> You agree that you will not pass the design or section(s) of the design or
> techniques learned from the design to anyone not bound by this agreement.
> You may not use the design or section(s) of the designs of your own design(s).
> You may not produce devices based on the design or parts of the design. 
> You may produce designs of systems which are capable of being connected and
> interacting with a device built according to the design covered by the NDA.
> You may design a modification to the NDAed design and modify devices which
> have been produced by the owner of the design or somebody licenced by the 
> design owner  to produce devices from the design.
> Any modifications you design may be passed to others only if they are 
> bound by this NDA.
> 
> Open free ware NDA
> You agree that you will not pass the design or section(s) of the design or
> techniques learned from the design to anyone not bound by this agreement.
> If you produce designs which incorporate the NDAed design or section(s)
> of the NDAed design or techniques you have learned from the NDAed design, 
> you must inform anyone to whome you pass the design that your design
> draws from an NDAed design and provide a copy (at no more than the cost
> of reproduction) of the NDAed design at their request, provided that they 
> are prepared to be bound by this NDA.
> If you sell devices built according to the design or parts of the design,
> or techniques learned from the design, you must on request provide a copy
> (at no more thant the cost of reproduction) of the device design, provided 
> they agree to be bound by either (at your choice) the Open free ware NDA or
> the Open Comercial ware NDA.
> 
> 
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> 
> 

--------------------------------------------------------------------
Graham Seaman, School of Computer Science, 
University of Westminster, Watford Rd, Northwick Park, Harrow HA1 3TP 
email:  G.Seaman@wmin.ac.uk www: http://www.wmin.ac.uk/~seamang