When Richard Stallman started the GNU project in 1984, he did so from a 
belief that users of software should be free. This philosophical belief 
was expressed in the definition of free software as software that 
grants the user four specific freedoms (1). Based on this definition, 
and the concept of "copyleft", the GNU GPL was later created.

About 14 years later, in 1998, the Open Source Initiative was formed. 
Rather than talking about the theoretical freedom of software users, 
the open source movement emphasised the practical advantages of 
collaborative software development, arguing that this development model 
results in higher quality software at lower cost (2). This, together 
with RMS' freedoms, resulted in the Debian Free Software Guidelines, 
which subsequently fathered the open source definition (3).

In practice this covers mostly the same software as the free software 
definition, even though the philosophical background of both 
definitions is entirely different. Recently there have been some rather 
visible arguments flying about regarding the new version 3 of the GNU 
GPL, showing that open source and free software are not quite the same 
even in practice.

Software and hardware aren't quite the same in practice either. The 
materials that have been released so far by the OGP have been released 
as HDL under the GNU GPL. Arguably, this is not the best choice 
(although Sun seem to be happy to licence their OpenSPARC under the GPL 
as well. Should we invite them in to this discussion?). The GPL was and 
is intended for software, and it seems that the FSF is not interested 
in open hardware development. The open source definition also 
explicitly mentions software. Issues like DRM, patents, linking, and so 
on play a role in both cases, but may do so in a different way. 
Finally, the law does not treat hardware and software in the same way.

Therefore I believe that we need an Open Hardware Definition. We need to 
know what it means, philosophically and in practice, for hardware to be 
open.

There are many people here, with widely varying views on issues like 
DRM, patents, free software vs. open source, copyleft, and so on. These 
need to be discussed, and we need to decide what we do and do not want 
to allow in open hardware. We need to decide which freedoms and rights 
we want to reserve for the public, and which freedoms and rights we are 
willing to give up to attract more (corporate) developers. We need to 
know where the legal boundaries are in various jurisdictions, and which 
rights/restrictions exist in a legal sense. We need examples and use 
cases. We need to consider open hardware business models and the kind 
of corporate ecosystem we want to have around the open hardware 
community. We need to consider that hardware designs are useless if no 
actual hardware is ever made, and we need to consider that there is no 
point in having open hardware unless it gives us more freedom than the 
proprietary hardware that we have now.

This mail is rather long already, so I'm not going to give a draft or 
abstract. Instead, I'd like to open up this thread for comments and 
ideas. I'll post some myself I'm sure, and the more of you join in the 
better. Let's find that middle ground where the public, end users, 
developers and corporations meet to build a new, open future.

Lourens

1) http://www.gnu.org/philosophy/free-sw.html
2) http://www.catb.org/~esr/writings/cathedral-bazaar/
3) http://www.opensource.org/docs/definition.php

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