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You could publish design materials and software etc. and simply state that people are free to use it as they wish, but even though this may seem straightforward enough it can lead to misunderstandings and legal uncertainty for both parties.

Open source uses copyright licensing to clearly communicate the intent of those creating designs and software, while making clear the rights and obligations of those who wish to use the materials they have created.

The benefits afforded by open source licensing are manyfold and a selection of these are outlined below.

Creator benefits

When you create a design or software you, or an employer, will hold the copyright. When you license this you do not "give up" copyright and instead set out terms stipulating how third parties may use the design or software.

Open source licences typically include disclaimers which state that materials are provided as-is and without any claims of fitness for a particular purpose. Which more often than not is desirable and helps to manage expectations.

By clearly communicating your intentions when publishing materials under an open source licence, and the rights and obligations of those who make use of these, it reduces the chances of a later misunderstanding and disputes arising.

User benefits

If hardware design files or the source code to software is published somewhere public does this mean you can use it? The simple answer is no, unless your rights in relation to this have been made clear.

Open source licences explicitly state what your rights are, e.g. that you are free to study software source code, modify it and distribute copies. They also stipulate any obligations, e.g. that you must attribute the designer of a PCB layout.

In many cases engineers will publish materials to be used however others see fit, licence or not. However, using third party designs and software without being provided with a licence has the potential to lead to legal action.

Collaboration

Open source can be used to provide an incredibly simple framework for collaboration, allowing one contributor to a project to build on the work of another, with minimal overhead in terms of managing rights.

These benefits also extend across projects, and open source has led to the creation of a diverse ecosystem of complementary software, with developers incrementally adding value to a shared resource.

Whenever in doubt

When developing hardware or software on behalf of an employer you must be certain that you have the right to publish materials under an open source licence. Similarly, when using third party materials in a commercial design you must be sure that such use would be permitted.

More often than not the answer to such questions is easily ascertained. However, whenever there is any uncertainty it's highly advisable to consult the company lawyers!

Note: nothing in this knowledge item constitutes legal advice.

Also see the article Licensing Project Materials.

Open source (hardware and software!) advocate, Treasurer and Director of the Free and Open Source Silicon Foundation, organiser of Wuthering Bytes technology festival and founder of the Open Source Hardware User Group.
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