Patrick asked me to forward this.

---------- Forwarded message ----------
From: Patrick McNamara <[EMAIL PROTECTED]>
Date: May 18, 2005 10:08 AM
Subject: Re: [Open-graphics] Whitepaper on releasing the RTL as open-source.
To: Timothy Miller <[EMAIL PROTECTED]>



--- Timothy Miller <[EMAIL PROTECTED]> wrote:

> On 5/18/05, Lourens Veen <[EMAIL PROTECTED]> wrote:
> > On Wednesday 18 May 2005 02:00, Timothy Miller wrote:
> > > On 5/17/05, Eric Smith <[EMAIL PROTECTED]> wrote:
> > > > Timothy wrote:
> > > >
> > > > I'm hoping that Timothy and his partners and investors will be willing
> > > > to make the RTL available *before* it is GPL'd to hardware hackers that
> > > > have a serious interest in contributing to the project, under a non-GPL
> > > > license that doesn't allow public distribution.  If there is a serious
> > > > commitment to releasing under the GPL by a certain date (especially if
> > > > there is escrow), that should provide sufficient access for people to
> > > > start contributing.
> > >
> > > With an NDA, this should be fine.  Of course, there's a risk of it
> > > getting leaked if too many people get it, so even with the NDA, it
> > > shouldn't be free; this way, only serious people get it, and I believe
> > > there are some legal reasons why a contract is more binding when money
> > > is exchanged (something about 'consideration'), but IANAL.
> > >
> > > In any event, what should it cost?  And it would be easier to roll the
> > > 'hobbyist' and 'commercial' license into one, where the up-front fee
> > > isn't too bad in either case, and there's also a royalty for each chip
> > > you produce.
> > >
> > > Suggestions?
> >
> > Keep them separate. Have a commercial licence at a commercial rate (I think
> > $25k was mentioned, I have no idea what would be reasonable), and have a
> > hobbyist licence that is much cheaper, but requires the licencee to
> > contribute the source to his/her derived works back to the project if they
> > are distributed (like the Mozilla Public License), that is if you allow
> > distribution in binary form of derived works at all. This way, hobbyists
> can
> > hack privately, and contribute to the project, but if you want to use the
> IP
> > in your own proprietary project you'll need to get a developer's licence.
>
> That sounds good.  Anyone else have any objections?
>

Tiered licensing is a good idea.  Here is a set of suggested limitations of the
license types.  This isn't a complete list, nor is it anything other than me
thinking of the top of my head.

Commerical:
  FPGA and ASIC RTL
  Binary redistribution allowed.
  Source registribution allowed.
  Re-licensing allow with same of more restrictive terms
  Design level improvement must be contributed back
  RTL level improvment may be kept proprietary.
  Very high license cost.

Educational Institution:
  FPGA and ASIC RTL
  Binary redistribution of ASIC RTL not allowed.
  Binary redistribution of FPGA RTL allowed with project approval.
  Source registribution not allowed.
  Re-licensing not allowed.
  Design level improvement must be contributed back
  RTL level improvment must be contributed back
  High license cost. (Due to the high exposure and possibility for leaks)

Hobbyist/Project Developer:
  FGPA RTL only
  Binary redistribution allowed.
  Source registribution not allowed.
  Re-licensing not allowed.
  Design level improvement must be contributed back
  RTL level improvement must be contributed back
  Cheap license cost (person is effectively a project developer).

I haven't really thought through all the differences carefully.  Consider this
an example of possible license differentiation points.

Patrick M

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