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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.
On the one hand there's a "strong kinship" and on the other there's an assumption that hackers will immediately decide to turn on you by doing something extreme. Which is the feeling that Lego truly has about "hackers" who tinker with their products? Besides, shutting down a website implies a totally different type of hacking from that which involves modifying products. So once again, two different kinds of hacker get equated.
"My mother works for Microsoft now. A whole other cult."
LegOS _is_ rather close to LEGO, after all, and it is emphatically in the same market. So, I'd think that a name change on the part of Noga would not be amiss.
Other than that, I hope that LEGO leaves well alone (giving an official 'stamp of approval' to high quality projects are a good idea, though). As the article emphasizes several times, LEGOs business is selling kits, not software. Having a prominent wanring that messing with the OS will void your warranty should be enough.
/Janne
Trust the Computer. The Computer is your friend.
I don't understand why this should go to court. Someone took his own time and spent it to make Lego's hardware better. If Lego simply bought the modification for x dollars, wouldn't the problem be solved?
Look at game mods, for example. Game companies let people create modifications for their games and then they BUY the best ones, repackage them, test them, and ship them, therefore accepting responsibility for tech support. This would solve Lego's problem of "If it -- or any other third-party OS -- becomes widely used, Lego would have trouble vouching for the reliability of its product and providing tech support."
Okay, next. Lego offered the hackers a job. Why offer them a salary when you can simply pay them so much for the alternative OS and use it as the basis for your next robots, or offer it as a free, supported, "advanced users only" download?
The only problem I see with the above is what happens when the hackers continue to improve the OS. Do you keep paying them, or not? That would be something Lego would have to work out with them. However, I still see no reason for them to drag these people into court. These people believed in something and made it better -- they weren't trying to undercut Lego, and they are not selling alternative hardware (which Lego freely admits is its core business.) So what's the problem here?
The only legitimate argument in the article was that Lego might get a few support calls from users of alternative software. The way to deal with this is the same exact way that Tivo deals with upgrades, AMD deals with overclocking, and Maxtor deals with tinkerers: void the warranty if the user tampers with the equipment and something breaks. Simple.
--sting3r
Lego has spent many, many years building a reputation associated with their name. And that reputation is well-reserved; truly we can all appreciate how Lego brought MITs research into the hobbiest market. That was a gutsy move on Lego's part, and they should be rewarded for that courage.
Markus Noga is a bright guy, but (as the article states), he crossed the line by naming his product LegOS. He's being a silly ass by claiming he named it after himself, and that the name has nothing to do with "Lego". He's tweaking the nose of the company, even though they provided the basis for his work. There would be no LegOS without Mindstorms...
Lego isn't going after all Mindstorms' hackers, or poeple who've created alternative programming languages. They're protecting their good name, as any of us would do.
And now back to playing with Mindstorms. I'm building a bot with two RCX modules, coordinating them to build a useful exploration rover... this is one damned fine toy, and Lego deserves all the credit in the world for bringing it to us.
All about me
There are 42 categories of trademarks, and unauthorize use of a trademark is only infringing if the use falls in the same category. Lego is probably registered as a Class 28: Games and playthings; gymnastic and sporting articles not included in other classes; decorations for christmas trees.
This means I can sell a beer called Lego without them having a legal leg to stand on in a lawsuit unless they have also registered Lego as a Class 32 trademark (Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.).
Since LegOS is made for use with Lego's Mindstorm toys, it's pretty clear that it's a class 28 product. If your dog is called LegOS, you're probably pretty safe unless you start selling him as a toy or christmas decoration.
Yep, they certainly do have a point. While I think that hacking their hardware/software is great (and I bet LEGO thinks so too), there's no point in poking their lawyers with a stick. IP and trademark are protect it or lose it type stuff.
There are any number of ex-trademarks that were lost because the company didn't defend the trademark (or botched it): Aspirin, linolium, yo-yo, thermos, cellophane, milk of magnesia, lanolin, celluloid, dry ice, escalator, shredded wheat and zipper. (Source: "Made in America", Bill Bryson) While these names are now public domain, some company once created and owned them. Those companies lost big when their trademark became generic.
I'm sure that the LEGO people would rather shoot their own feet off than have to sue someone, but you have to defend a trademark or lose it! They can't afford to lose the LEGO trademark, otherwise anyone can call their product LEGO.
I hope Noga will understand (NogaOS?), and LEGO could give him a few bulk cases of LEGO. And then everyone could go have a cream soda with ice cream float.
LEGO are White Hat Good Guys, Noga is White Hat Good Guy. This problem is stupid, and is just attracting the suits and lawyers.
Now if only LEGO would make steel blocks so that I could build the perfect BattleBot!
One line blog. I hear that they're called Twitters now.
If I buy a ford truck, and jack it up, put a light bar on it, custom paint it, tweek the motor and do all sorts of wacky stuff Ford doesn't sue me for violating their "IP". They don't ask me to take the name off of it. In fact, if I make kits to modify the vehicles they are happy as a clam, as it sells more cars.
If I buy a house, add an addition, change the colors on the walls, swap out the heater, and then tell people it's a "Toll Bothers Hose" they don't sue me for violating their IP. I can rip the walls down and 'reverse engineer' it all I want.
Now, if I buy a mindstorms kit and write better software for it, that's grounds to sue?
This is all way out of hand.