The intellectual property implications of digital fabrication

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Conference presentation Fiscar 2010 at Aalto University, Helsinki …

Conference presentation Fiscar 2010 at Aalto University, Helsinki

The intellectual property implications of file shared product design.

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  • 1. Digital Fabrication & File Shared Product Design The intellectual property implications of file shared product design. Natasha Carolan @NatashaCarolan natashacarolan@me.com Wednesday, 12 February 14
  • 2. Open Wednesday, 12 February 14
  • 3. Dylan Horrocks Wednesday, 12 February 14
  • 4. File sharing_the design product ‘... we believe in a future where Data is the design product, and where products are distributed in the same way that images and music travel through the internet today.’ Janne Kyttanen, FOC Wednesday, 12 February 14
  • 5. Wednesday, 12 February 14
  • 6. Revenue & Ownership Wednesday, 12 February 14
  • 7. ...kill design? Wednesday, 12 February 14
  • 8. Design Protection: Registered & Unregistered ‘...within the UK at least - private 3D printer owners making items for personal use and not for gain are exempt from the vast majority of IP constraints, and that commercial users, though more restricted, are less so than might be imagined.’ Bradshaw, Bowyer and Haufe 2010 Wednesday, 12 February 14
  • 9. Copyright & Design Files ‘[T]he provisions of design and copyright law are such that it is not an infringement to create 3D printer designs for items protected by design right, to disseminate such designs or to use a 3D printer to make copies of the said item for personal, private use.’ Bradshaw, Bowyer and Haufe 2010 Wednesday, 12 February 14
  • 10. Patents ‘Where a patented invention is capable of being made by a 3D printer, it therefore appears that the personal and private use is permissible, but disseminating 3DPDFs (even freely and with the intent that they be used for personal and private use) may be an infringing act.’ Bradshaw, Bowyer and Haufe 2010 Wednesday, 12 February 14
  • 11. Trademarks ‘Sufficiently famous marks may be protected against competing use on any form of goods.’ ‘It appears uncontroversial that purely personal use ‘cannot be in the course of trade’ and so cannot infringe.’ Bradshaw, Bowyer and Haufe 2010 Wednesday, 12 February 14
  • 12. Regulation Framework_ Lessig Law Market Object of regulation Architecture Norms Lawrence Lessig Wednesday, 12 February 14
  • 13. Law Market Object of regulation Architecture Norms Lawrence Lessig Wednesday, 12 February 14
  • 14. Law Market Object of regulation Architecture Norms Lawrence Lessig Wednesday, 12 February 14
  • 15. Law Market Object of regulation Architecture Norms Lawrence Lessig Wednesday, 12 February 14
  • 16. Law Market Object of regulation Architecture Norms Lawrence Lessig Wednesday, 12 February 14
  • 17. Acceptance Framework_Von Hippel (1) Produce user-developed innovations for general commercial sale and/or offer custom manufacturing to specific users. (2) Sell kits of production-design tools and/or ‘product platforms’ to ease users’ innovation-related tasks. (3) Sell products or services that are complimentary to user-developed innovations… Wednesday, 12 February 14
  • 18. 1. Facilitate & produce ‘Never underestimate the power of a million amateurs with the keys to the factory.’ Anderson, The Long Tail Wednesday, 12 February 14
  • 19. 2. Differentiate through Quality Wednesday, 12 February 14
  • 20. 3. Free-reveal for Reputation ‘Free revealing users may benefit from enhancement of reputation’ von Hippel, 2006 Wednesday, 12 February 14
  • 21. 4. Exploit ‘valuable intangibles’ •Immediacy •Personalization •Interpretation - support and guidance •Authenticity •Accessibility - wherever, whenever •Embodiment - books, live music •Patronage - "paying because it feels good", e.g. Radiohead •Findability Wednesday, 12 February 14
  • 22. 5. Exploit the middlespace Designer Maker Distributer Retailer User Designer Maker Distributer Retailer User Wednesday, 12 February 14
  • 23. Designer Designer Designer Designer Designer Designer Designer Designer Designer Designer Wednesday, 12 February 14 Designer