Open Source software and hardware. Your rights and obilgations

@frank Why don’t you perpetually license the “vesc” letter combination to the general public? What reason is it that you continue to choose not to do this?

Please, enlighten us. Let’s discuss it. Because unless/until you do, the worst & most shady reasons will be assumed by the public at large.

Also, “VESC Tool” is already licensed under GPL (copyleft) and the VESC hardware itself, designs including the word “VESC”, is licensed under CC BY-SA 4.0 (share-alike), so it’s unlikely you have any kind of solid case, anyway. These two licenses specifically prevent what Stallman called “hoarding”.

So it would seem on the outside all you are doing is losing face by trying to hoard. And then opening a thread about not hoarding.

6 Likes

Somebody get Trampa a backhoe…They obviously enjoy digging their own vesc grave, so why not expedite the process?

6 Likes

@b264 this is completely off topic, but here are your answers.

a) Because you can’t license a TM to the public. That would contradict its purpose. b) A TM serves the purpose that customers/users can identify the original or a specific source. c) Benjamin owns it, so its up to him. d) The TM assures that only he can brand or license products/software that he approved to meet his quality standards. e) without a TM, someone can hijack an OS project, grabbing a domain, using the same brand name and making the service look identical. Uninformed users could not see the difference and would believe they deal with the original source. f) products a poor quality, marketed under the same brand name, have a negative impact on the brand itself. g) GPL and CC both don’t license assigned TM’s. They license the covered work only

This is quite informative: http://fossmarks.org/

Even the Open Source Initiative has a trademark: https://opensource.org/trademark-guidelines And GNU as well! The biggest promoters of Open Source!

List of OS projects owning the rights to their name: https://en.wikipedia.org/wiki/List_of_trademarked_open-source_software

So if everyone in the OS-World uses TMs, there is probably a very good reason for it. And since you don’t know what the future will bring, you better have a TM.

But this has nothing to do with the topic!

Frank

YOU WANT TO WIN? You want to stick it to Jason and win our hearts? Lower the price to $150. Make it up in your boards. Make it up in other ways. Until then… it’s all scum-baggery. I know your biggest issue… is that you don’t believe in us. If the price is right and the feeling is right… you will take a small cut on a component and win. And win big. Your boards are sexy… it was a phase for me. They wobble a bit… but on the sexy still. The E-MTB’s rule on the mountain.

You can have it all… and you can win. You can be the reference design and what people aim for. And at a price point that people will have to consider. This is what winners do. I think you pull out your calculator each time… and decide… “F them… not me”. Reverse… back-peddle. Admit your mistake and survive… show humbleness and win. Your defiance… will destroy you.

Sorry this is some drinking talk but still true.

EDIT: TMI before :wink:

8 Likes

$150 is about right

$2-7 for the PCB $107 BOM and maybe 1.5kWh to heat the oven and reflow $4 of aluminum stock. And 2.6kWh(0.16¢/kWh) to mill.

2 Likes

Your all this talk makes me want to go fork the code rewrite from scratch (I was intending to do because there are newer chips which are cheaper) Make it completely MIT proof and then release to the public and then I would like to see what your TM branded bullshit will look like against completely open source project?

10 Likes

Do it! I would support you full on wherever I can.

2 Likes

That’s what @stewii said who identically built his clone VESC6 in small quantities. Even with the MP9250 motion tracking chip he paid $67 (50 pounds). For quantities of 5-10 units. In mass production maybe $50/each. Fuc i would put up money for 1000 units. Could still chip in $10 to BV. $90 profit roughly per VESC… 180% roi? da fuq already

@stewii VESC6 clone:

3 Likes

Yea my prices above are for stweii esc that I started building. Prices are for 1. Ordering 10 BOM straight from digikey comes down to about $85.

Seems this has turned into a discussion about general IP (Intellectual Property) rights, relative to a trademark or even a patent who knows why the application date is important and what it means?

Another Trampa shill… beats me up and cries like the English patient everytime i say something about them.

The Empire strikes back… lol :slight_smile:

2 Likes

You are nonsensical dude? way off base, but I’m guessing nothing new there eh? Way to turn a up and up discussion on the down low :thumbsup: By all means sledge away, but you might be more effective if you are actually on topic and there is some truth in what you are saying…

I’m not talking about trampa at all as I said:

I think we can put a red mark against mrrobot as he has no idea, anyone else?

Yeah…I don’t like that mr robot man used naughty words and hurt my feelings…safe space /s

1 Like

You are a Trampa shill… and @koralle and a few others

stop Cobber… please just stop…

1 Like

tl;dr; of this topic is that Trampa wants to monopolize VESC and I guess it triggered the focbox sales with over 500 units sold :smiley: Imagine how much he grieves about it :smiley:

3 Likes

you should publish the whole lot dude, but please don’t clog up this discussion with rantings of your own inadequacies. Put it all in perspective for people… You should start your own topic :wink:

What does a trademark application date mean? From that date the owner of the mark has the right to use the mark in the marketplace unopposed by new users of the mark.

What that means in practice: Fred Sunny has a trademark on Sunny Widget that he applied for last week and was granted yesterday. Today if someone else markets a product as Sunny Widget he has the right to defend his mark with litigation to protect his business and the consumer. But there are caveats:

  1. If my name is Jim Sunny I can also market my Widget as Sunny Widget because Sunny is my name.

  2. Jimbo Bob has been selling a Widget he makes that he also called a Sunny Widget since last year, the marketplace therefore knows his Widget as a Sunny Widget. Jimbo Bob can continue to sell his Sunny Widget because his use of the mark pre-dates Fred Sunny’s trademark application.

Whilst according to the letter of the law Jim and Jimbo should be able to continue selling their Sunny Widget, if Fred Sunny has deep pockets he can try to drive them out of the market with pointless litigation that he will lose but will end up costing Jim and Jimbo money and time to defend themselves against.

Do it…for all of our sake please do it! There are tons of people that would support you, including me. PM me and we can discuss.

4 Likes

Take a book, rewrite it, same story, other words, very inventive, very impressive, copyright is still with the original author, especially after making your intentions public in the first place.

If I would be desperate to write a novel, I would write up my own story and own chapters.

Frank

Frank,

I think you may be mistaken.

Here is an example of your analogy IRL: https://www.theguardian.com/uk/2007/mar/28/danbrown.books

As for software, what you just described has been going on since before Steve Jobs owned a garage.

3 Likes

Honestly, I would rather commit to the code base, help to make it better and get in touch with the guy who put a lot of effort in and knows every detail.

I don’t get the point about the obsession to rip things apart.

Frank