1

I live in the Dominican Republic where there Open Source isn't contemplated in the Constitution. I want to make Open Source hardware.

How should I go about this? Should I get a patent and license it or what?

  • 4
    I'm not aware of any country which explicitly mentions open source in its constitution or laws. It just depends on copyright law, which I'd presume the Dominican Republic does have. – curiousdannii Sep 10 '17 at 2:03
4

You seem to be misunderstanding a fairly fundamental point about open source licenses: they are just a license to use something, like any other license. The default position (at least in any country which is a signatory to the Berne Convention, which includes the Dominican Republic) is that only the copyright holder can make use of a piece of intellectual property. The license then lets other people use that intellectual property. Some licenses (e.g. your license from Apple to use iOS) are pretty restrictive in what you can do. Others (BSD, MIT, GPL, ...) are less restrictive - but they're all fundamentally based on copyright law. There doesn't need to be a specific bit of legislation enabling "open source" licenses, because they're just another license.

Also note that patents are almost the antithesis of open source, being an exclusive right to use something. (I'm aware they can be used defensively, but the vast majority of patents aren't).

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.