DIY_EFI Digest and EULA

Clare Snyder claresnyder at home.com
Thu Oct 25 22:04:42 GMT 2001


> Date: Thu, 25 Oct 2001 11:02:44 -0500
> From: Erik Quackenbush <erik at midwestfilter.com>
> Subject: Re: WB discussion and war
>
> At the risk of prolonging this discussion I'd like to point out a problem I
> noticed. The 'usage' file that accompanies the DIY WB files contains this
> phrase:
>
> "It is in the public domain"
>
> I am not a lawyer but I do know that once you place something in the public
> domain NOBODY owns it and nobody can restrict other people's use. No matter
> what the rest of the document says you can't steal something that's free.
>
> If you're worried about misuse then you must retain the copyright or use a
> licensing agreement that will stand up.
>
> - -Erik
>
> - --
> Erik Quackenbush, V.P. Operations, Midwest Filter Corporation
> 1-847-680-0566 fax: 1-847-680-0832 http://www.midwestfilter.com
>

I would tend to agree, Bruce - If you have released a product to the public
domain, and then try to enforce ANY EULA, regardless how reasonable, you are
SOL.
The sensible, and proper way to do it is retain copyright in the name of the
group.
State the product/design/etc. is the property of the DIY-EFI group, and can be
used by any member, subject to the EULA, or whatever you want to call the
"permission".
That said, I still have a minor question as to what constitutes "illegal usage",
in respect to Peter and possibly others who design and produce a board from the
schematic. This product is not, and cannot be patented - and he is not using
your/our artwork or board layout. This negates industrial design issues. What it
comes down to is what he has done is not technically illegal, although, given
the apparent background, it would appear the morality of his actions are
questionable. I'm glad I can deal directly with the "authorized" supplier of the
board, rather than having to buy the "knockoff", either through ignorance or
necessity.

I'm looking forward to getting the boards, and hopefully the parts kits, to
build the units - one for the aircraft engine project, and the other as a
portable test/ diagnostic unit.

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