[Legal] Open Hardware Contract

[Bruce Perens]

This is my proposal for an Open Hardware Contract, to be joined by 
developers and redistributors.

The problem:

    * Open Hardware licensing won't work as well as it does for software
      because copyright protection is unavailable for functional designs.
    * We want to be able to run Open Hardware with reciprocal licensing
      a la GPL, not just gift-style licensing.
    * The only path available to us appears to be contract.
    * We don't want to restrict information through a gated community
      with NDA.

Thus, I am proposing a contract that Open Hardware developers and 
redistributors will join. I refer to the signers as "members" in this 
document.

The member benefits will be:

    * Use of a controlled logo on their works and to promote their business.
    * Patent non-assertion among the members only for objects under one
      of our certified licenses.
    * A patent pool to be operated for defense of the members.
    * Cooperative marketing.
    * Whatever else we can think of.

The members will agree to:

    * Be bound by the terms of Open Hardware licenses as if copyright
      applied to all components of the work.
    * Use the logo only under the agreed terms.
    * Apply a certified license to works to which the logo is attached.
    * Release all useful development files of works to which the logo is
      attached.
    * Not assert their patents upon other members in regard to works
      under one of our certified licenses.

The members will apply the trademarked logo liberally to their works. 
Non-members are probably not held to the licenses strongly if they 
remove the logo. However, I find that infringers usually exercise no due 
diligence whatsoever and will generally leave something like a logo in 
place. Thus, the trademark rights associated with the logo can be used 
to prosecute these folks if they're unwilling to comply with the license 
terms.

Your thoughts?

     Thanks

     Bruce
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