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Lego and the IP Conundrum
Packetknife writes: "Business 2.0 has an article on Lego and the development and business issues surrounding the Mindstorms product line. The article concentrates on intellectual property issues and the role of hackers in the development of Mindstorms. The hook to the OSS movement is obvious in the article." Interesting piece about Lego trying not to bite the hand that feeds it, even though the temptation is strong.
Apple sued companies (particularly Franklin Computer Corp.) that violated it's patents. IBM *encouraged* people to hack and clone their BIOS.
No, the lawsuits were not about patents but about copyrights. The Apple II ROM didn't have a syscall interface like PC BIOS did; A2 syscalls were merely jsr instructions to the entry point in ROM of the function. Because this restricted the possible length of each function's binary code, it was almost impossible to make a 100% Apple compatible ROM without making it byte-identical to Apple's.
But the real reason Apple sued is because their contract with Microsoft required them to do so. Microsoft owned the copyright on the Basic interpreter in Apple II Plus and later computers.
Guess which type of computer became the most successful?
The one with the more extensible API. IBM designed its BIOS syscalls around a realization that it would eventually have to change the internal structure of its BIOS in later revisions to the PC (e.g. XT and AT).
However, the LEGO case isn't about patents or copyrights; it's about trademarks, as the name "LegOS" gives a false appearance of a LEGO product. LEGO doesn't want to tech-support third-party software that could potentially damage expensive sensors and motors.
Will I retire or break 10K?
1) This exact article was done by Forbes 2 years ago. At that time, Lego was very happy to have Markus and other folks hacking on legOS. If anyone can find a 'free' link to that article, I'd appreciate it, but the Forbes archives are not open so I can't link to it. Sources of amusement: that Business 2.0 feels that this is original or interesting writing.
2) The article (and Lego, apparently) act as if Markus still maintains legOS. He hasn't committed to legOS CVS or spoken to the mailing lists in over 18 months (last post to lugnet was in March 2000.) He also doesn't maintain the 'official' website anymore- the one on noga.de hasn't been updated in a similar length of time and has been supplanted as the canonical reference for legOS by legOS.sourceforge.net.
3) Lego has known about legOS since at least Feb. of 1999, when their PR people told Wired that "'People have also done stuff [created programming tools and components like LegOS] on their own as well, and that's fine,' Dion said." For them to change their minds now, more than 30 months later, is pretty low. I can't afford to fight it (I'm the defacto maintainer of legOS and coordinated the last release) but I'm fairly certain that a decent copyright lawyer could demonstrate that 30 months of knowledge and lack of action over a supposed violation makes the violation non-actionable.
Anyway... I'm not Markus, so I can't really answer questions about this. But I can say that this whole episode is pretty disgusting. I hope Lego will come forward and clear the air, and soon.
IAAL,BIANLY
I'm part of the legOS project on Sourceforge (though certainly not amongst the more active members). This is the first time I've heard of anybody suing anyone over the name legOS. I'm sure I would have seen something on our mail list by now, if the corporation had a problem.
The Lego Mindstorms Robotics Invention set is the coolest toy ever created. Th legOS project has no intention of diluting the trademark of the Lego corporation. Our documents clearly state we are not part of, nor sanctioned by the Lego corporation.
All we want to do is take a fun toy, and have a hell of a lot of fun with it. Being hackers (not crackers), fun involves reverse engineering and coding in C and assembly language.
-- Will program for bandwidth