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  1. #1

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    Oct 2011
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    Open Source Plans

    The plans built aircraft I'm building already has a number of versions or models. None of the versions have a method of updating the drawings that I know of. In some cases the plans are fairly vague and have some errors. This doesn't present a problem for savvy builders as they come up with solutions of their own. Common advise is that unless you're a experienced builder this is not an easy project to tackle.

    During my build (not complete) I spent a lot of time with AutoCAD filling in the missing pieces and verifying the measurements. I used CNC to produce a lot of the parts. This is a plans build project so every fitting needs to be manufactured. I also borrowed some of the common methods for assemblies from other aircraft including CUBS and VANS models. I ended up with a set of as-built plans with a lot of the missing details and verified measurements plus drawings to CNC manufacture parts.

    I don't want to create yet another model but the drawings could help other builders. I was thinking of releasing the plans free of charge. Similar to Open Source software. Think Android, Linux or Firefox. All are Open Source. The idea is that anyone can use the plans with no conditions. The drawings could be maintained by one or more people or managed by an association so that there is continuity.

    Some questions came up. I'm looking for comments.

    • The drawings wouldn't have a serial number. Can someone use them to build an aircraft and make up their own serial number to register it?
      • not a problem for me, just wondering.
      • I was thinking the builder would purchase a set of plans with s/n and use these plans as a supplement to help his build.

    • Am I violating anyone's copyrights here. If the plans have a copyright symbol are the plans copyrighted or is it just the name? With that in mind;
      • All the versions were a copy of the original idea with some style changes
      • The original borrowed heavily from other aircraft
      • A lot of the assemblies are common among aircraft. ie: wings have spars, ribs, compression tubes and drag/antidrag wires


  2. #2
    Dana's Avatar
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    Not a lawyer, but I'd think that without permission from the copyright holder you'd be in violation of copyright law. Serial number has nothing to do with it a builder (from legitimate plans) can use the plans number or not, as he chooses.

    If you're just documenting unclear areas on the plans and you couldn't build a plane without also having the originals, that would be different... but getting approval from the copyright holder would still be the right thing to do.

  3. #3
    Airmutt's Avatar
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    There would be nothing wrong providing a plans supplement. It has been done before. In the early KR2 days a gent named Gillespie sold a enhancement package that was mostly engineering improvements to the design. Obviously one could not build a KR2 without purchasing a set from Rand. There is also a series of Pietenpol mods such as front pax door and center section fuel tank available for a price that are not associated with the Pietenpol family.
    Dave Shaw
    EAA 67180 Lifetime
    Learn to Build, Build to Fly, Fly for Fun

  4. #4

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    A couple of opposing views. Got me thinking. I also did get some local feed back. One example given was a map. It's difficult to create a new map without using other maps. A map is copyrighted but for the most part the information used to create the map is obtained from other maps. Another example is that a book is copyrighted but you can write the same story without infringing on the book's copyright as long as the second story is original work. UNIX sued Linux as the two operating system do the same thing and the apps are interchangeable. Linux was written to do the same thing as UNIX. It was discovered that very little of the code for the two programs were similar. UNIX lost their case as it was proved that nothing was copied.

    With that in mind, I think if someone draws some airplane plans and the airplane looks very similar to another there is no copyright infringement. The copyright would only exist if the original plans were copied verbatim.

  5. #5

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    Quote Originally Posted by mmarien View Post
    A couple of opposing views. Got me thinking. I also did get some local feed back. One example given was a map. It's difficult to create a new map without using other maps. A map is copyrighted but for the most part the information used to create the map is obtained from other maps. Another example is that a book is copyrighted but you can write the same story without infringing on the book's copyright as long as the second story is original work. UNIX sued Linux as the two operating system do the same thing and the apps are interchangeable. Linux was written to do the same thing as UNIX. It was discovered that very little of the code for the two programs were similar. UNIX lost their case as it was proved that nothing was copied.

    With that in mind, I think if someone draws some airplane plans and the airplane looks very similar to another there is no copyright infringement. The copyright would only exist if the original plans were copied verbatim.
    It kind of sounds like you were going to come to that conclusion no matter what we replied and you just wanted validation? I would spend the $100 on an attorneys opinion before making them open source. It might save you $10,000 down the line if the copyright holder comes after you. Who was the original designer? Some are more laid back than others, while some are very legal happy.

  6. #6
    Dana's Avatar
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    A new design that "looks very similar" is one thing, a copy with identical structure (or with very minor changes) is another. If your copy would make it possible for somebody to build a new plane without buying the plans from the rightful owner, I'd say it's wrong, whether technically legal or not. As Airmutt said, nothing wrong with providing a plans supplement, but clearing it with the owner as a courtesy is still the right thing to do.

    Maps... most commercially published maps include at least one intentional minor error. If another map comes out with the identical error, the original publisher has good grounds for a copyright infringement suit.

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