Open Design. Bas van Abel
car project, which has developed a small urban car (the Hyrban) powered by hydrogen, using a fuel cell/electric drivetrain. Elements of the design (such as power control software or the dashboard user interface) can be developed largely in the digital domain, but the development of motors, brakes, the body shell and so on are strictly analogue only. WYS ≠ WYG Not only do these analogue elements present a large barrier to entry for interested tinkerers, but they also tend to restrict their ability to participate in the development community: a necessity if network effects are to work. It is, clearly, difficult to upload a car to a development site and say “can you tell me why the windscreen leaks?”
COPYRIGHT PROTECTS THE EXPRESSION OF AN IDEA. RETAINING THE SAME IDEA, BUT RECASTING THE EXPRESSION OF IT IN A DIFFERENT FORM, DOES NOT INFRINGE ON THE COPYRIGHT.
Another significant issue is the lack of access to design software at a low cost. Software developers have access to high-quality tools like development environments and tools available for free under free software licences. There is no similar suite of CAD software, and proprietary CAD software is notoriously expensive. The barrier to entry is raised once again.
Many of these issues are surmountable, given time. Ever-improving simulation software means that more and more testing and prototyping can be undertaken in the digital domain. The introduction of 3D printers PRINTING like the RepRap means that it is becoming increasingly affordable and feasible to print physical objects, such as gears, from a variety of plastics. The lack of suitable CAD software is being addressed by a number of projects.
For designers, progress in open source tools, increased connectivity and so on makes the establishment of open source communities ever more feasible. The legal issues, however, are less straightforward.
So far, we have concentrated on copyright issues. In some ways, other forms of intellectual property pose greater challenges. Copyright protects the expression of an idea. Retaining the same idea, but recasting the expression of it in a different form, does not infringe on the copyright. The story of two people from warring tribes meeting, falling in love, and dying in tragic circumstances can be told in a myriad of different ways, each with their own independent copyright, none of which infringes on anyone else’s copyright. This has two practical consequences. The first is that if a creator creates something which he or she has not copied from something else, then the creator will not be in breach of copyright, even if their creation turns out to be very similar, or even identical, to someone else’s. The second is that if a component of something is found to be infringing on a copyright, it is possible to salvage the project by recasting the same idea in a different expression. REMIX
Design Rights
Copyright also has the advantage of being (reasonably well) harmonized worldwide, and has also proved amenable to hacking (e.g. by Richard Stallman) HACKING so that it can be used to guarantee openness in the code it covers. However, other forms of intellectual property protection are more problematic for designers.
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