Open Source Hardware Certification (OSHWA)[edit | edit source]
The guide aims to educate individuals on intellectual property protection and licensing for open source hardware projects. Unlike open source software, which is automatically protected by copyright law, hardware projects require active steps to obtain intellectual property rights, such as filing a patent application. However, some aesthetic design components in hardware can be eligible for automatic copyright protection.
Licensing and certification are necessary to ensure that downstream users can use, recreate, modify, and distribute designs without fear of infringing on intellectual property protections. By completing the guide, individuals will know to self-certify their products as OSHWA-compliant open source hardware.
The guide does not provide legal advice, and OSHWA recommends that individuals seek legal counsel for specific questions regarding their hardware or country's laws.
Definition[edit | edit source]
OSHWA, or the Open Source Hardware Association, defines Open Source Hardware (OSHW) as tangible objects like machines or devices with publicly available designs, allowing anyone to make, modify, distribute, and use them. OSHW licenses guide the development and evaluation of such hardware. Unlike software, physical resources are required to create hardware, and OSHW producers must clarify that their products are not endorsed or manufactured by the original designer without using any trademarks.
OSHW distribution must meet several criteria. Documentation, including design files, must be provided, allowing modification and distribution. Documentation should be available at a reasonable cost or for free via the Internet. Design files should be provided in open formats, and deliberately obfuscated or compiled forms are prohibited. The scope of the license should be clearly stated, specifying which parts of the design are covered. If software is necessary, its interfaces should be well-documented or released under an OSI-approved open-source license.
The OSHW license should permit modifications, derived works, and the distribution, sale, and use of products made from the design files. Free redistribution of project documentation should be allowed without royalties or fees. Attribution to the licensors may be required. The license must not discriminate against individuals or groups or restrict the use of the work in specific fields. The license should apply to all redistributed works without requiring additional licenses. It must not depend on a specific product or restrict other hardware or software. Lastly, the license should be technology-neutral and not tied to specific technologies, components, materials, or interface styles.
Certification Elements[edit | edit source]
Hardware[edit | edit source]
To get your hardware project OSHWA-certified, attach an open source license to the hardware components.
- Hardware licensing is more complex than software licensing since hardware may have software, documentation, or branding, each of which may be protected by different categories of intellectual property law like copyright, trademark, and patent law.
- Copyright law protects creative elements but not functional ones.
- Trademark law protects source identifiers like brand names and logos.
- Patent law protects functional inventions, but getting patents can be costly and complicated.
- Applying an open source hardware license lets downstream users use your product within the bounds of your license, guiding them on how to use your hardware.
- IP rights may not fully protect your hardware, so a hardware license may not stop bad actors from recreating unprotected components of your hardware for unauthorized purposes.
- Think of hardware licenses as guiding tools for good actors, not ways to punish bad actors.
- Attaching an open source hardware license to your project will make it easier for users to build upon your work and promote innovation in the community.
Software[edit | edit source]
- Your hardware's code or firmware is protected by copyright.
- You can use open source licenses to allow others to operate and improve your software.
- Open source licenses may require downstream users to be open as well.
- If you want OSHWA certification, all necessary software for your hardware must be licensed under an OSI-approved license.
- No software license is required if your project doesn't contain any software.
- Protect your hardware's code and use open source licenses to encourage collaboration and development!
Documentation[edit | edit source]
- OSHWA-certified hardware must come with documentation, including design files, that allows modification and distribution of the design files.
- It's best to make the documentation as clear and comprehensive as possible to make it easier for users to build, use, and improve the product.
- This type of documentation also provides greater copyright protection against misuse, especially when it includes creative design elements and descriptive text.
- To ensure that users are free to use the documentation, it must be licensed openly, using a Creative Commons license of your choice.
- Copyright protection varies depending on the level of creativity and artistry in the materials, but it only prevents others from copying the documentation without permission, not from creating their own physical objects based on the instructions.
- By following these guidelines, you can help ensure that your open source hardware is accessible and easy to use, while also protecting your intellectual property
Branding[edit | edit source]
- Open source hardware creators often choose to keep their intellectual property closed when it comes to trademark protection.
- Trademarks signal the source of a product and let downstream users know that they are using a product made by its original creator.
- Trademark law prevents others from using your brand name or logo on their own hardware, but it does not stop them from copying your hardware or its function.
- The level of trademark protection depends on the creativity of the name or logo.
- Certain names, such as generic or purely descriptive names, might have little to no trademark protection.
- A product's design can also serve as a form of trademark if it signals the source of the product.
- Registering your brand name, product names, and logos as registered trademarks with the trademark authority in your country can provide broader protection and benefits than unregistered trademarks.
- The registration process can be complicated, and it's best to consult with a trademark attorney before attempting to register your marks.
