[hpsdr] Janus Beta Files Uploaded

Lyle Johnson kk7p at wavecable.com
Sun Sep 24 14:20:59 PDT 2006


> Do you understand that if the License is not yet published, no one has 
> the license.
> So, as it currently stands, no one is allowed to do anything with it 
> apart from read the documents you have published. No one is allowed to 
> build their own boards or anything vaguely useful in fact.

That is a worst case interpretation, but that is not what the draft 
version of the OHL says.  I suggest it is probably premature to react to 
presumed contents of the OHL until it has been published.

> Also note, that "non commercial use" is not GPL compatible, so do not 
> try to call it "very similar to the GPL".

Please understand that there is no *requirement* to invoke the "non 
commercial use" clause; it is simply an option available to the developer.

Some of the items that will become part of the HPSDR board set, like 
Rick Hambley's IP in Gibraltar, need to be protected from commercial 
exploitation since the IP Rick will be revealing is a key to his 
company's products and his personal livelihood.  The OHL "no commercial 
use" clause *enables* the sharing of that IP with the Amateur community. 
  Without this provision, we would never get the benefit of that IP for 
our personal use, education, etc.  This way Rick gets to share it (we 
"win") while he protects his livelihood and maybe the community perusing 
it finds improvements along the way (he "wins").

Since this is Amateur radio, not professional radio, having a "no 
commercial use" restriction invoked should be of no consequence on a 
practical level.  Any commercial exploitation of IP that is protected in 
this manner can be negotiated with the owner of the IP.

Similarly, any design materials released under the OHL without the "no 
commercial use" restriction, can be freely exploited as long as the 
other terms of the license are adhered to (like releasing the changes to 
the design back to the community).

Again, when the OHL is published for public comment, much of this will 
become clear.

To quote the late Douglas Adams, "Don't Panic!"

73,

Lyle KK7P


 1159132859.0


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