A trademark represents a brand, so it can be words like “Apple”, including made up words like “Kleenex”. It can be symbols, like the Nike swoosh. It can also be colors, like UPS brown, and even scents like the flowery musk scent in Verizon stores. Filing a trademark in the United States is surprisingly easy. With a couple hundred dollars and a couple hours, you can be well on your way to having your very own registered trademark and having the right to use the ® symbol on your mark. You don’t need a lawyer, but you should know some of the hangups you might run into. The USPTO has a fantastic primer on trademarks, but we’ll TL;DR it for you. Continue reading “What to Expect When You’re Expecting – A Trademark”
Unless you’ve completely unplugged from the news, you probably are aware that the long-running feud between Oracle and Google had a new court decision this week. An appeal court found that Google’s excuse of fair use wasn’t acceptable and that they did infringe on Oracle’s copyrights to Java. Oracle has asked for about $9 billion in damages, although the actual amount is yet to be decided. In addition, it is pretty likely Google will take it up to the Supreme Court before any actual judgment is levied.
The news is aimed at normal people, so it is pretty glossy about what exactly happened. We set out to try to make sense of it all. We found a pretty good article from [Michaela Barry] about what the courts previously found. There were three main parts:
- There were 37 API (Application Programming Interface) declarations taken verbatim from Java. This would be like a C header file if you aren’t familiar with Java.
- Google decompiled 8 security files and used them.
- The rangeCheck function — 9 lines of Java code — were exactly the same in Oracle’s Java and Android.
At the end of October, the US Patent and Trademark Office renewed a rule allowing anyone to ‘jailbreak’ a 3D printer to use unapproved filament. For those of you following along from countries that haven’t sent a man to the moon, a printer that requires proprietary filament is DRM, and exceptions to the legal enforceability DRM exist, provided these exceptions do not violate US copyright law. This rule allowing for the jailbreaking of 3D printers contains an exception so broad it may overturn the rule.
A few months ago, the US Copyright Office renewed a rule stating that using unapproved filament in a 3D printer does not violate US Copyright law. The language of this rule includes the wording:
‘The exemption shall not extend to any computer program on a 3D printer that produces goods or materials for use in commerce the physical production of which is subject to legal or regulatory oversight…”
This exception is extraordinarily broad; any 3D printers can produce aircraft parts (subject to FAA approval) and medical devices (subject to FDA approval). In effect, if a 3D printer has the ability to produce objects subject to regulatory oversight, the exception allowing the use of filament not approved by the manufacturer does not apply. Additionally, it should be noted that any object produced on a 3D printer that is subject to regulatory oversight is already regulated — there’s no reason to drag the Copyright Office into the world of 3D printed ventilation masks or turbine blades.
[Michael Weinberg], ‘legal guy’ for Shapeways and President of the Open Source Hardware Association has filed a petition with the US Copyright Office, asking the Office to eliminate this exception to the existing rule surrounding DRM and 3D printers. You are encouraged to submit a comment in support of this petition by March 14th.
There is a scene in the movie “Magic Mike” where the lead character — a male stripper — explains to a room of women the laws against having physical contact with a performer. Then he intones, “… but I see a lot of lawbreakers up in this house.”
We know if we could look out through the Web browser, we could say the same thing. There’s a lot of gray zone activities considered commonplace. Have you ever ripped a CD or DVD to take with your on your phone? Gray; we won’t judge. A lot of the legal issues involved are thorny (and I should point out, I’m not a lawyer, so take what I say with a grain of salt).
Do you own your car? Well, probably you and the bank, but certainly the deal you made involves the idea that you own the car. If it is paid off, you can do what you like with it, including — if you wanted to — stripping it bare for parts. Back in the day, your car was some wheels and some mechanical devices. These days, it is a computer (actually, a few computers) and some I/O devices that process gasoline into rotary motion. Computers have software. Do you own that software?
The answer has, legally, been no. However, a recent decision by the US Copyright office allows car owners to legally analyze and modify their vehicle software (with some limitations) for the next two years. After that? We’ll see.
[Louise] tried out her new E3D Cyclops dual extrusion system by printing a superb model dragon. The piece was sculpted in Blender, stands 13cm tall and can be made without supports. It’s an impressive piece of artwork that reflects the maker’s skill, dedication and hard work. She shared her creation on the popular Thingiverse website which allows others to download the file for use on their own 3D printer. You can imagine her surprise when she stumbled upon her work being sold on eBay.
It turns out that the owner of the eBay store is not just selling [Louise]’s work, he’s selling thousands of other models taken from the Thingiverse site. This sketchy and highly unethical business model has not gone unnoticed, and several people have launched complaints to both Thingiverse and eBay. Now, there are lots of things to talk about here, but the 800 pound high voltage transformer in the room is the legality of the whole thing. What he’s doing might be unethical, but is it illegal?
When [Louise] politely asked the eBay store owner to remove her work, he responded with:
“When you uploaded your items onto Thingiverse for mass distribution, you lost all rights to them whatsoever. They entered what is known in the legal world as “public domain”. The single exception to public domain rules are original works of art. No court in the USA has yet ruled a CAD model an original work or art.”
Most of the uploaded CAD models on Thingiverse are done under the Creative Commons license, which is pretty clear in its assertion that anyone can profit from the work. This would seem to put the eBay store owner in the clear for selling the work, but it should be noted that he’s not properly attributing the work to the original creator. There are other derivatives of the license, some of which prohibit commercial use of the work. In these cases, the eBay store owner would seem to be involved in an obvious violation of the license.
There are also questions stirring with his use of images. He’s not taking the CAD model and making his own prints for images. He lifting the images of the prints from the Thingiverse site along with the CAD files. It’s a literal copy/paste business model.
With that said, the eBay store owner makes a fairly solid argument in the comments section of the post that broke the news. Search for the poster named “JPL” and the giant brick of text to read it. He argues that the Thingiverse non-commercial license is just lip service and has no legal authority. One example of this is how they often provide links to companies that will print a CAD design on the same page of a design that’s marked as non-commercial. He sums up one of many good points with the quote below:
“While we could list several other ways Thingiverse makes (money), any creator should get the picture by now-Thingiverse exists to make Stratasys (money) off of creators’ designs in direct violation of its very own “non-commercial” license. If a creator is OK with a billion-dollar Israeli company monetizing his/her designs, but hates on a Philly startup trying to make ends-meet, then they have a very strange position indeed.”
OK Hackaday readers, you have heard both sides of the issue. Here’s the question(s):
1. Is the eBay seller involved in illegal activity?
2. Can he change his approach to stay within the limits of the license? For instance, what if he credits the original maker on the sale page?
3. How would you feel if you found your CAD file for sale on his eBay store?
Back in 2012, [tmbinc] discovered a neat little undocumented feature in the Xilinx ISE: the ability to use TCP/IP instead of JTAG cables. [tmbinc] was working on an Open Hardware USB analyzer and discovered the nearly undocumented Xilinx Virtual Cable, a single ‘shift’ command that opens up a TCP connection and sends JTAG data out to another computer on the network. It’s extraordinarily useful, [tmbinc] wrote a daemon for this tool, and everything was right with the world.
Yesterday, [tmbinc] discovered the Xilinx Virtual Cable again, this time in one of Xilinx’s Github repos. The code was extraordinarily familiar, and looking closer at a few of the revisions, he saw it was very similar to code he had written three years ago.
The offending revision in the Xilinx repo is nearly identical to [tmbinc]’s Xilinx Virtual Cable Driver daemon. Variable names are the same, the variables are declared in the same order, and apart from whitespace, code conventions are the same. This is not to say someone at Xilinx stole code from [tmbinc], but if this were a computer science lab, there would be an academic disciplinary hearing. What’s worse, Xilinx plastered their copyright notice at the top of the code.
In an issue [tmbinc] raised, he said he was flattered, but clarified that his code was developed entirely from scratch. He believes the Xilinx code was derived from his own code written three years ago. Since [tmbinc]’s code was uploaded without a license, it defaulted to All Rights Reserved. This does not bode well for the Xilinx legal department.
In any event, you really, really have to wonder what Xilinx’s internal documentation looks like if a random person on the Internet can discover a barely-documented protocol, write a daemon, put it on the Internet, and have someone at Xilinx use that code.
Thanks to the anonymous tipster for sending this into the Hackaday tip jar.
Recently I started a repository that houses a template which may be used to compile STM32F0 projects with a GCC toolchain. There are two code packages from STM that I used when putting this together, the firmware for the Discovery board itself, and the Standard Peripheral Library for the chip family. I read the license agreements in the root of both packages and I think they’re quite fair. Basically the agreement is you can use them for any purposes as long as the code is only being used on STM hardware. Fair enough.
You can image I was quite upset so see a comment from a reader stating that I have a copyright violation with one of the files in the repo. It seems the linker script that is given as an example for Atollic’s TrueSTUDIO has it’s own extremely strict copyright:
** (c)Copyright Atollic AB.
** You may use this file as-is or modify it according to the needs of your
** project. Distribution of this file (unmodified or modified) is not
** permitted. Atollic AB permit registered Atollic TrueSTUDIO(R) users the
** rights to distribute the assembled, compiled & linked contents of this
** file as part of an application binary file, provided that it is built
** using the Atollic TrueSTUDIO(R) toolchain.
First off, I’m in violation just for posting the file in a repository. But read a bit deeper. Any code that is compiled with this using a GCC toolchain also breaks the copyright unless it’s Atollic’s toolchain.
My beef here is that STM is distributing this. Why? Why put something so restrictive into a software library with such an otherwise reasonable license? Surely there are many engineers at STM capable of writing a linker script that they could release under their own license which would work with TrueSTUDIO. And, it would have the added benefit of allowing other GCC-based toolchains a convenient (and legal) method of linking code.
So I’ve completely removed the file from the repository. If you were one of the ten people watching it on github, this had the unintended consequence of dumping your watch request. In the mean time I’m trying to learn how to write my own linker. This guide regarding Cortex-M3 linkers has been a great help. If you have the skills to contribute a working linker script, please issue a pull request or raise an issue over at github.