Making a Derivative - Building Open Source Hardware - page 70

Clearly stated in the definition is the approval to create hardware from the original
design files, to make copies and distribute the design files themselves, or to create a deriv-
ative from the original design. Because open source hardware grants the right to make
copies, the terms “clone” and “counterfeit” get thrown around a lot when talking about de-
rivative works. Here are the definitions of these terms when referencing open source hard-
ware derivatives:
Derivative : A derivative is open source hardware that has been altered or mod-
ified but is based on an original design by another person or company.
Clone or Copy : A clone or copy is an open source hardware product that has
been directly copied and conforms with the Open Source Hardware Definition
because it does not infringe on the trademarks of other companies.
Counterfeit : With a counterfeit piece of open source hardware, the trademark
has been copied onto a clone or derivative piece of hardware and does not abide
by the Open Source Hardware Definition because the trademark is not owned
by the person or company creating the derivative. Proper attribution does not
include copying trademarks. Copying trademarks is illegal.
There are many examples of open hardware derivatives. In particular, the 3D printing
and Arduino communities are great places to find open hardware and their derivatives.
Keep in mind that Arduino itself is a derivative of Wiring, developed by Hernando Bar-
ragan, and Processing, developed by Ben Fry and Casey Reas. Some derivatives have
small changes from the original; others have large changes. Changes for derivatives gen-
erally fall within four categories: (1) The function of the device is altered; (2) the form of
the device is modified; (3) the change is economic, with the creator selling the same
product at a different—usually lower—price point; or (4) the change enables a better
design for manufacture (DFM), making it easier to manufacture or supply parts. Econom-
ic and DFM changes often go hand in hand and can be difficult to separate. All of these
changes are permitted within the Open Source Hardware Definition, including a combina-
tion of the four.
An example of a board that changed drastically in both form and function is the
LilyPad, which was created by Leah Buechley. The LilyPad was mashed up with the Ar-
duino board, altered in both form and function so that it could be sewn into textiles. This
particular derivative was quite extreme in the amount of changes made to the original Ar-
duino hardware. The reason the alterations were so drastic was that Leah invented a sew-
able microcontroller prior to the development of the Arduino product. (For more on the
history of the LilyPad, see the anecdote in Chapter 9 . ) When Leah's design was put to-
gether with the Arduino board, one could argue that the Arduino's shape, the form factor