[OH Updates] the oshw logo and name "open-source hardware" -is- *ours*

[phillip torrone]

j, i'd +1 you back, reshare it, re-tweet and thumbs up it :)

yes, we'll totally need help forming a non-profit i'm reading your published history stuff, thank you!

open-source spaceflight hardware, YES!

cheers,
pt

On Sep 24, 2011, at 12:40 PM, J. Simmons wrote:

> Where is the +1 button on a mailing list when you need one?  ;)  Thank you for the update and the words of encouragement.  It is too bad that things are working out in this manner, but one could not ask for a better path forward.
> 
> >down the road, we'll likely want some type of non-profit / foundation, that too is very solvable and i'm sure i can help get the >resources / funding to get that going. there are enough oshw companies that could contribute, we managed to fund 2 >conferences and many have thriving businesses, this is how we'll give back even more. we all like making hardware, so i >realize this is a distraction for many, but keep in mind we've arrived, we do have a logo, a name, definition and licenses to >choose from. next year we'll have 1m arduinos in the world, we are all changing the world with our open approach to hardware!
> 
> Speaking of this, we just wrapped up our journey to 501c3 status over at Mach 30, and it involved a great deal of material concerning open source hardware (our mission revolves around the development of open source spaceflight hardware).  I would be happy to lend a hand organizationally once the community is ready to go down this road.  In the mean time, we have published our complete history involving this process on our website - http://mach30.org/about/public-records/tax-exempt-status-documentation-and-process/.  Feel free to peruse the material, ask questions, whatever.  That is what it is there for.
> 
>  -J
> 
> On Fri, Sep 23, 2011 at 9:23 PM, phillip torrone <pt at oreilly.com> wrote:
> hi folks,
> 
> bruce is emailing offlist with ayah and i and stating he has decided is going to do his own different version of what we are calling open-source hardware. i'm guessing he's not going to post to this list any longer or at least not see my messages since i am "spam".
> 
> the excuse for now that i can pull out of him is that he thinks our logo and name cannot be trademarked - and most of all he wants to market to other people, as in *not us here*. he says the osi is "difunctional" and an unknown person registered the name open source hardware some time ago. he also wants to market his version to a different audience, from what i could guess it's people who make open satellites, not our thriving community and mainstream participants. that's a shame, i think there's room for all of us under one umbrella.
> 
> the TAPR prez, steve is on this list. keep in mind bruce doesn't actually represent TAPR though, this is something i just learned.
> 
> so with the oshw logo and trademark. both of these things are 100% solvable. it appears i may have designed the osi logo 5 years before they trademarked it (this is an odd twist in this story) and for the trademark whoever this unknown person is unlikely to win if we challenge their ownership of open source hardware for what we want to do. i'm willing to work with them and/or challenge their ownership if they try and assert it. i'm also willing to make sure we can get it so we can use that as a tool if needed.
> 
> i have an email out to the osi logo's designer/maintainer - he was at many of the same conferences as me, i am sure i not only met him but he specifically saw my logo many times as these events / online. he has a list of all the events he was part of for the last 10 years, i was at many of them!
> 
> if and when he replies i'll send everyone updates, if he doesn't i'll contact the osi directly. if anyone has a contact let me know.
> 
> for the trademark, after i hear back from my lawyer... and if the group nominates me to file the trademark, i'll help make it happen. i would prefer a neutral party and specifically ayah, alicia, windell the logo's designer... but i think i could even be start this process too. i am willing to fund some of this and maybe others can assist me. i have a trademark lawyer (same one as makerbot) i am willing to do all of this publicly and transparently. no secret meetings :)
> 
> i have -some- time and slightly more resources and i'm willing to help us, bruce has chosen not to - my personal feeling and first hand evidence - is he simply thinks what we're all doing isn't good enough to be called open-source hardware, hence the looking down attitude at all times. companies like sparkfun are "poseurs" and only projects that are like software defined radio and sats (although not actual oshw!) are good enough to be consider open-source hardware. privately from others, this is what i was told many times, and based on the public stuff, that seems accurate.
> 
> i respect and admire his work in the open source world for the last 13 years and i trying to convince him not to have an open-source hardware effort proliferation. we are better together. bruce if you're reading this, please reconsider! i was the one who invited to be part of the keynotes at the first summit and value your contributions to this list! i'd like to reconcile things and move forward together.
> 
> however, if he wants to start over and try to out-market us, i look forward to competing, i think we will have more to offer and more inclusive style. i promise you i will work even harder if someone tries to take away something we've all made here.
> 
> if there are changes to the logo and naming of oshw, we can all address those as we move forward, i'd prefer to do this with bruce's help and openly - but he wants to make a new thing that has nothing to do with arduinos or the types of things we celebrate here including things that aren't just electronics.
> 
> down the road, we'll likely want some type of non-profit / foundation, that too is very solvable and i'm sure i can help get the resources / funding to get that going. there are enough oshw companies that could contribute, we managed to fund 2 conferences and many have thriving businesses, this is how we'll give back even more. we all like making hardware, so i realize this is a distraction for many, but keep in mind we've arrived, we do have a logo, a name, definition and licenses to choose from. next year we'll have 1m arduinos in the world, we are all changing the world with our open approach to hardware!
> 
> we are not perfect and will make mistakes, wonderful mistakes, but we are doing an amazing job already.
> 
> so just to be clear, i'm 100% confident our logo and name are not going to be an issue for us doing open-source hardware with our logo, definition, conference and licenses. in fact, the name has been used for a long time and the osi is not going stop us from using our derivative. i mean really, the universe gifted us with an amazing coincidence, they're using *my* logo - would they really try and stop us? no way! they have the same goals as us too! for the trademark, who would this unknown person sue? how would they prove they own it, it's been used for a long time and they've never attempted to defend it. the logo and the name are ours to keep, we can work towards getting more buttoned up about it and protecting it for our work.
> 
> this is a social commons things, we'll all be able to work together and get this worked out for our benefit.
> 
> this is my prediction, we'll see if i am right and can help make that happen, i will just need your support. i'm sorry many of you had to watch this unfold, it is kinda gross. i would like to thank all the people who have emailed directly and encouraged me over the last few weeks.
> 
> cheers,
> pt
> 
> 
> 
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> 
> -- 
> J. Simmons, President Mach 30
> http://mach30.org
> ad astra per civitatem - To the stars through community
>