The issue with patents is a thorny one. For a variety of reasons (mainly do do with not permitting TIVO isation of EigenD) we are going to release under GplV3. This implicitly allows our patents to be used - effectively eroding their value to near nothing. This is the purpose of GplV3, and I both understand and agree with it. There is not a lot of point in companies releasing code into the public domain which is protected by a patent then simply waiting to enforce it - this is submarine patent territory and I consider it quite immoral.
We have just had an operational board meeting here at Eigenlabs where we discussed this at some length and we have agreed what we think will be a decent way forward. Firstly, we may well release the Tau and Alpha driver code after an audit as we believe that this will not have any patent implications. In the case of the Pico, which definitely would, we are going to put the code in escrow with our lawyers with the instructions (to be made public here) that if Eigenlabs ceases to exist for any reason, or ceases to maintain a release of the driver (specific details of these criteria to be decided) then the code will be released under the GplV3. I will be looking to make this sufficiently binding that any potential future acquirer (and to cut off any rumors right now, no there is no one in the frame for this at the moment!) of Eigenlabs cannot wriggle out of it and that the developer community will be comfortable with the terms.
Any commentary on this is welcome...
John
Hi John,
Any updates on this? I think it's particularly important to put the code necessary to maintain the host software systems and drivers in escrow as a first step. Since code in escrow is not made public, this could be done without needing to iron out all the details of the open source license etc.
I know you are committed to these things and you have spoken about them above and in other forums, interviews. It would be nice to see some progress here like the escrow so people that have invested in very expensive instruments like the Alpha and those that are considering it have some peace of mind.
An annoucement of such would probably calm fears from other potential Alpha buyers especially due to the high cost and expected longevity of the instrument. Longterm support is certainly a major concern. My decision was made after reading about your commitment to open source.
While I am sure you are committed to this personally it's difficult to predict the life of corporations, board of directors, investors, etc...
I'm sure there are lots of legal issues around the proper licensing model for opening the source itself. I think it's right to wait until you have that properly worked out.
Let all hope Eigenlabs is wildly successful and these options are never used.