[OpenDesign] question on the definition scope

Thu Nov 8 14:06:10 UTC 2012

Dear all,

 As anticipated at the Helsinki talk at CC_nl we have a project on CC licenses and Design (i.e. open design as soon as we define it). What we have been discussing so far is in line with what Rob said and what is also a de facto standard that I strongly agree with: no more licenses than what _strictly_ necessary. CCPL (and maybe CC0) work perfectly as long as copyright is concerned. They don't apply to design rights though (and design rights protection varies significantly in UE, US, and possible almost any other jurisdiction). At this regard is important to keep conceptually distinct what designers mean by design (graphic, product, interior, etc) and lawyers mean by design (rights: national, community, registered, unregistered, cumulability with copyright and connected thresholds, etc), otherwise we call both design and that usually causes headaches. I also see a lot of interest in licensing blueprints under CC (ok) with the intention to have those licenses govern the final realized product (highly debatable). At this regard I really think we need to move forward towards some basic elements of OD to help people have a clearer idea of what they can or cannot do.

 Regarding the possibility to introduce design rights in the scope of CC licenses, while it is true that we are currently discussing version 4.0 (draft 2/3), I personally doubt design rights could successfully be introduced in the scope of CC licenses, nor might it be opportune. But that's a personal feeling, and might be mistaken. I know the Waag published a book with some articles on the legal aspects of OD with one of those taking a more GPL based approach (http://opendesignnow.org).

 I personally reinstate that before discussing about licenses, there need to be some agreement to at least a minimum set of features/freedom/subject matter that apply to what we mean by OD otherwise we could end up with a multiplicity of definitions and (incompatible?) licenses.

 /tom
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