[HN Gopher] Thread: Tech we can't use or teach?
       ___________________________________________________________________
        
       Thread: Tech we can't use or teach?
        
       Author : todsacerdoti
       Score  : 353 points
       Date   : 2024-05-11 05:51 UTC (17 hours ago)
        
 (HTM) web link (overengineer.dev)
 (TXT) w3m dump (overengineer.dev)
        
       | shermantanktop wrote:
       | Just be thankful they did this upfront, instead of at the tail
       | end of a painful evolution from an open-source effort to closed-
       | source commercial product, complete with a fig-leaf GitHub with
       | all the interesting bits removed, and a graveyard of abandoned
       | forks. They saved you all that disappointment.
        
         | weinzierl wrote:
         | Absolutely, sometimes I feel the mid 2020's will be known as
         | the _era of enshittification_.
        
           | kevindamm wrote:
           | It merited "word of the year" last year, could happen.
        
             | fmajid wrote:
             | The Italian word for it, "Merdocene", sounds even pithier.
        
               | quesera wrote:
               | _Merdocene_ sounds like geological epoch. Pleistocene,
               | Holocene, etc.
               | 
               | WFM!
        
               | fmajid wrote:
               | Exactly, or Anthropocene, describing the changes wrought
               | by humans including climate change.
        
               | kevindamm wrote:
               | Can we just call it "the scene"?
        
               | bitwize wrote:
               | The D in "Systeme D" (economic concept, not to be
               | confused with the controversial init system) stands for
               | _demerder_ which means  "to deshittify".
               | 
               | We're gonna see a lot more Systeme D applied in the
               | future...
        
           | epicureanideal wrote:
           | Let's hope the result is that the 2030s are known as the
           | decade when consumers, users of apps, figured out it was
           | worth paying for software from honest developers or
           | companies, rather than getting it for free temporarily and
           | then getting their data used in unexpected ways,
           | enshittification, etc.
        
             | bboygravity wrote:
             | Hi, I'm a time traveller from the 2030s and chuckled a
             | little at the prediction that people would still by writing
             | apps by then.
        
             | leduyquang753 wrote:
             | What about when the consumers pay for software _and_ still
             | get their data harvested and the product enshittified?
        
               | josephg wrote:
               | Microsoft Windows has entered the chat. Apparently the
               | next insiders version has even more ads in the start
               | menu.
               | 
               | This stuff is so horrific.
        
             | einpoklum wrote:
             | That is completely irrelevant.
             | 
             | A large fraction, if not most, of potential users of
             | software in the world can simply not afford paying any non-
             | trivial amounts of money (by US/European figuring) for
             | software of any kind; they simply don't have such money to
             | spare. Look at median incomes in different countries:
             | 
             | https://worldpopulationreview.com/country-rankings/median-
             | in...
        
               | generic92034 wrote:
               | Country-specific pricing is not a new thing, though.
               | After all, if someone in a developing country paid for a
               | smartphone they might be able to also pay for some apps.
        
               | josephg wrote:
               | Also, you don't make any money advertising to poor people
               | in poor countries. I imagine if they don't have money in
               | their wallets, their data isn't worth much either. (Well,
               | except to OpenAI).
        
               | generic92034 wrote:
               | So all the existing advertising in developing countries
               | is not profitable? I wonder why anyone is doing it, then.
               | ;)
        
             | yjftsjthsd-h wrote:
             | Those are orthogonal; Debian is free, Windows is paid,
             | guess which one spies on you and shows you ads?
        
           | Kiro wrote:
           | Such an overused word and in this context it's not even
           | relevant.
        
             | tjoff wrote:
             | It is kind of relevant, we have zigbee. Which is a bit
             | quirky, along comes Thread that promises to make it more
             | open, better compatibility between vendors and more modern.
             | If it turns out that big companies use Thread in a way to
             | oppose those goals then I feel that is an attempt to
             | enshittify the entire home-automation ecosystem.
             | 
             | Which must be the holy grail of enshittification, I mean it
             | is one thing to make your own product/service worse. But to
             | make everyones products worse? Jackpot!
        
             | Petersipoi wrote:
             | At least back up why you think it's irrelevant if you're
             | going to call someone out like this
        
       | Signez wrote:
       | Will we have to wait for a regulation body to come and force it
       | open as soon as it becomes the _de facto_ standard of home
       | communication?
       | 
       | I won't make a bet on which one, because I don't want to nag, but
       | we all know which one it will be.
        
         | 9dev wrote:
         | Well, Google lost against Oracle too, so it appears a mere API
         | specification can be closed down arbitrarily; than is the world
         | we live in. Unless the US gets a lot more tech literate and
         | open minded judges and officials, I doubt that will change for
         | the better. And, looking at their presidential candidates...
         | well.
        
           | franga2000 wrote:
           | I thought Google mostly won against Oracle and the court
           | decided just APIs aren't copyrightable...
        
             | aero_code wrote:
             | The court decided the opposite--that APIs are
             | copyrightable. However, the Supreme Court ruled that
             | Google's usage was fair use, so I would agree that Google
             | mostly won. The Supreme Court didn't consider whether APIs
             | are copyrightable (the lower court ruled that) because
             | Google would win regardless because it was fair use.
             | 
             | So I'm not sure it matters much whether APIs are
             | copyrightable when what Google did was ruled fair use. I'd
             | prefer if the courts ruled APIs weren't copyrightable, but
             | I think it was still a good result because doing what
             | Google did probably covers about any use case anyway.
        
               | josephg wrote:
               | I wonder if making a device which uses Threads could be
               | considered fair use in the same way, because implementing
               | threads is required for interoperability with many
               | devices.
        
             | jauntywundrkind wrote:
             | The Federal Court took up the appeal from Alsup case,
             | accepted Oracles arguments that copying headers & using
             | then same variable makes made the Java reimplementation a
             | copyright violation (incompetent losers), sent the question
             | of fair use back to a jury trial, the jury decided yeah it
             | was fair use, the Federal Court ignored the jury and
             | decided to ignore everyone hollering at them that they were
             | being idiots & ruled for Oracle anyways.
             | 
             | Then the Supreme Court ignored the copyrightability aspects
             | & ruled for a Google on some fair use grounds.
             | 
             | I've skimmed the write up from the ever excellent always
             | recommendable Mark Lemley, _Interfaces and Interoperability
             | After Google v. Oracle_ , and really hope I can go a bit
             | deeper into the history & trial at some point. Section 2
             | _The Long Saga of Google v. Oracle_ starts on page 27 of
             | the inner pdf.
             | https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3898154
             | 
             | It's been incredibly disappointing watching courts like the
             | Federal Circuit be so unable to handle even basic technical
             | matters with even an iota of comprehension, having them
             | bungle up things so badly in the face of so much easy to
             | rely on precedent. Being sweet talked by Oracle's lawyers
             | into believing a header file is anything greater than
             | interface definiton is either incompetence, or some really
             | vicious pro-business hellworld shit.
        
         | advisedwang wrote:
         | Governments have no problem allowing de facto specifications to
         | be closed. 5G is heavily patent protected, for example. MPEG is
         | heavily patent protected.
         | 
         | Typically patents "essential" for a standard are licensed on
         | "fair, reasonable and non-discriminatory" (FRAND) terms. But
         | you do still have to go and pay for the license (sometimes from
         | all the individual companies that have patents, sometimes from
         | a consortium that represents the entire patent pool for a
         | standard).
        
       | daredoes wrote:
       | I wouldn't mind if developing for it as a hobbyist was so
       | difficult if it had some quality products and user interfaces.
        
       | cryo wrote:
       | The Matter specification has a similar touch. The devil is in the
       | details and due clever marketing people don't understand what
       | they are praising.
       | 
       | The real problem here is people who invest money in this anyway.
        
         | RA2lover wrote:
         | Didn't it go even further by requiring device attestation
         | certificates signed by a licensed PKI provider?
         | 
         | I noped out of even considering it as a hobbyist as soon as i
         | noticed that part.
        
           | crote wrote:
           | Correct, and the _intent_ is for genuine devices to refuse to
           | work with  "fake" ones. All certificates are registered on a
           | blockchain for validation, of course.
        
       | fulafel wrote:
       | > if you're a hobbyist without access to some serious throwaway
       | money to join the Thread Group, there is no way to use Thread
       | legally
       | 
       | Is this really true? I assume the licensing legalese means
       | patents, and patents don't apply to private tinkering unless
       | there's commerce involved.
       | 
       | More generally aside from hobby scope - The absurdity of the
       | monopolies granted by the current patent regime are made obvious
       | by this arrangement: Big companies that have patent portfolios to
       | countersue with can use OpenThread freely, small businesses and
       | startups can't.
       | 
       | (Obviously it still sucks and is a major chilling effect)
        
         | IanCal wrote:
         | The quoted part above is about shipping products too, so I
         | don't understand why they are using that as an example about
         | not being able to play around with something or write blog
         | posts. Here's the FAQ question
         | 
         | > What Would Prevent A Company From Shipping A Product Based On
         | OpenThread Without Joining The Thread Group?
        
           | jauntywundrkind wrote:
           | Answer, also quotes in the post:
           | 
           | > _If developers choose not to join Thread Group and ship
           | products using Thread technology, they are not conferred the
           | IP rights required to practice and ship Thread technology,
           | and may subject themselves to legal action, including but not
           | limited to licensing fees._
           | 
           | It feels like even sharing my designs run a major risk of
           | landing me in trouble. This sounds catastrophically hostile
           | to open source in general.
           | 
           | If I ever want to make use of what I've built in any even
           | remotely commercial setting, everything I've built feels
           | liable to be infected & polluted with this copyright. I could
           | rip out Threads & still not feel safe. I definitely can't
           | sell a couple copies of this cool thing to other hobbyists on
           | indiegogo.
           | 
           | The terms of use essentially outlaw community. Yes, maybe
           | hobbyists can play with this, but they cannot form
           | communities, they cannot share wisdom, they can't sell boards
           | to each other, they can't even talk about the protocol or
           | spec on detail.
           | 
           | So yeah, hobbyists arent expressly forbidden. But having any
           | community of hobbyists seems fraught with difficulties. You
           | can only hobbyist by yourself, discussing with no one.
           | 
           | Fuck Threads.
        
             | IanCal wrote:
             | Hang on that's a huge leap.
             | 
             | > Yes, maybe hobbyists can play with this, but they cannot
             | form communities, they cannot share wisdom, they can't sell
             | boards to each other, they can't even talk about the
             | protocol or spec on detail.
             | 
             | But it just says you can't _ship products_ and talking isn
             | 't shipping a product. The only part I see there is what if
             | you sell things built on it.
             | 
             | Like sure it could be more open and sure having some small
             | business exemption would be good but that's not the same as
             | not being allowed to just make some stuff and talk about
             | it.
        
               | lelanthran wrote:
               | What do you think they mean by this:
               | 
               | > Membership in Thread Group is necessary to implement,
               | practice, and ship Thread technology and _Thread Group
               | specifications._
        
               | scotty79 wrote:
               | That if you are a corporation that wants to use this tech
               | in your products (devices) you are advised to join Thread
               | Group as soon as possible because you'll be required to
               | do that when you ship stuff anyways. Possibly compelled
               | by court if you resist.
               | 
               | They probably didn't expect interest from singular
               | hobbyists, let alone hobbyists reading what they put out
               | in the most uncharitable fashion. They have some
               | clarifying to do if they decide that they care.
        
               | ang_cire wrote:
               | You are ignoring "practice", which in this context means
               | any kind of operational use, including things like
               | research (they also specify "implementation" separately,
               | to explicitly cover development of products).
               | 
               | Practice here is as in "practice medicine", not "practice
               | for tryouts".
        
               | scotty79 wrote:
               | "practice" here probably means use in your business of
               | manufacturing devices
        
               | jauntywundrkind wrote:
               | You're talking to the question, but the answer is even
               | more conservative & scary than the question posed,
               | 
               | > _are not conferred the IP rights required to_ practice
               | _and ship Thread technology,_
               | 
               | Under this, it sounds like one isn't even allowed to
               | dabble with Thread without $7.5k/year membership. You
               | aren't allowed to _practice_ is the words they respond
               | with, which seems far more constraining than shipping.
               | 
               | Re-quoting the licensing agreement requires to download
               | the spec,
               | 
               | > _view, download, save, reproduce and use the
               | Specification solely for your own_ internal _purposes_
               | 
               | > _are not conferred the IP rights required to_ practice
               | _and ship Thread technology,_
               | 
               | > _Membership in Thread Group is necessary to_ implement,
               | practice, _and ship Thread technology and Thread Group
               | specifications._
               | 
               | So yeah, actually it seems like even doing hobbyist
               | things by yourself & telling no one is still far more
               | than Thread group allows.
               | 
               | Fuck Thread! It's just so unbelievably shitty having the
               | connected device technologies of our world be un-
               | practiceable by mere mortals.
        
               | IanCal wrote:
               | _and_ ship.
        
               | jauntywundrkind wrote:
               | As a software engineer, our confidence that _and_ means
               | "both of these things" is high. I feel like you're taking
               | quite a gamble doing that in law.
               | 
               | Anyone posting to a blog might also be regarded as
               | shipping.
               | 
               | You're also focusing on one gotcha while ignoring the
               | other terrifying clauses here. Are you still using the
               | spec for _internal_ purposes if you are talking about it?
               | 
               | IANAL but I strongly recommend any hobbyists or open
               | source people steer the hell clear. These are terms for
               | no engagement other than those willing to pay the anual
               | fee.
        
               | singpolyma3 wrote:
               | Not conferred the rights to practice and ship, but if
               | there's something which doesn't require such rights (such
               | are private home tinkering) then not having rights
               | conferred isn't an issue.
               | 
               | Not saying that forgives this abysmal licensing regime of
               | course.
        
               | denschub wrote:
               | Lawyers have little issue defining blogs like mine as
               | "with commercial interest". I have a side-business, so
               | lawyers could make the argument that I use my blog as
               | advertising. I have a Ko-Fi link in the bottom of one
               | specific site, that's a commercial interest, too.
               | 
               | Unless your blog is "I'm sharing holiday photos and
               | nothing else", there's a lot of instances where it could
               | be define as an outlet with commercial interests.
               | 
               | And, ultimately, I have no desire to spend any time and
               | money on fighting even completely invalid claims. I'd
               | rather spend my time watching cat videos on YouTube
               | instead.
        
               | scotty79 wrote:
               | But their licensing doesn't care about commercial
               | interests or lack of there of.
               | 
               | It only reserves right to charge you if you ship a
               | product. And by product they most obviously mean a device
               | and by ship they obviously mean sell (or gift, or
               | possibly rent) to some customers.
               | 
               | All of this sounds like a thunderstorm in a glass of
               | water by people who read too many software licenses.
        
               | denschub wrote:
               | This is not what the license says.
        
               | scotty79 wrote:
               | Yes. It's what it means.
        
             | nonrandomstring wrote:
             | Then _don 't_ use this or teach it. Don't build for it.
             | Isolate it. Let it die. Cut off its supply. Make it
             | irrelevant. Exclude it from connectivity options by
             | default, out of caution. It seems pointless to complain
             | that you can't have a bite of the poison fruit.
             | 
             | But also make sure others know. Actively warn and
             | discourage other developers away from that technology. Make
             | "Threads" regret their lack of openness.
        
               | ang_cire wrote:
               | The problem is that individuals cannot cut it out,
               | because big tech firms use it pretty widely. It's
               | basically a moat that allows companies to ship products
               | using a shared standard, but makes it impossible for
               | individual developers to (especially ones who aren't
               | actively trying to start a business, but even then, $7500
               | a year is a lot for a garage-level startup for a
               | _technical standard_ ).
               | 
               | Imagine how much less innovation there would be if it
               | cost $7,500 a year to write anything that uses the
               | Internet Protocol suite of standards.
        
             | nonrandomstring wrote:
             | > hobbyists aren't expressly forbidden.
             | 
             | Also, I don't think it helps to use this word "hobbyists".
             | 
             | The entire world runs on free open source software written
             | by _unpaid volunteers_ who are poorly supported, isolated,
             | and exploited by mega tech corporations that are
             | parasitical on their work.
             | 
             | "hobbyists" sounds demeaning, It makes it sound like the
             | great under-structure of common coding is somehow less-
             | than-serious, somehow outside some commercial ecosystem
             | rather than the very soil and food that sustains it.
             | 
             | This (self) perception needs to change. Big Tech would die
             | tomorrow without the "hobbyists" it depends on.
        
           | lelanthran wrote:
           | > so I don't understand why they are using that as an example
           | about not being able to play around with something or write
           | blog posts.
           | 
           | It's seems pretty clear-cut to me:
           | 
           |  _Q: What Would Prevent A Company From Shipping A Product
           | Based On OpenThread Without Joining The Thread Group?_
           | 
           |  _A: (roughly) You will be sued_
           | 
           | Now, what does the word "product" in _" Shipping a product
           | based on OpenThread"_ mean?
           | 
           | A product is any (or some combination of) the following:
           | 
           | 1. A devkit
           | 
           | 2. A book
           | 
           | 3. A blog post
           | 
           | 4. Any hardware that uses Thread
           | 
           | So, yeah, you can't write a tutorial for using Thread, or
           | make a doorbell for your mum's house, or tell your friend how
           | to read the protocol, or start up a /r/thread community to
           | help each other use it.
           | 
           | Looks pretty damned locked down to me, without at least the
           | FRAND loopholes.
        
             | IanCal wrote:
             | Where is that definition of product from? Is that in their
             | license agreement?
        
               | lelanthran wrote:
               | What is _your_ definition of a product based on (from
               | their license) _" Thread technology and Thread Group
               | specifications"_?
               | 
               | Why would a book, or tutorial, or blog post be excluded
               | from the clause _" Thread technology and Thread Group
               | specifications"_?
        
               | scotty79 wrote:
               | Obviously a device because when hardware peopl say
               | product they don't mean book or youtube video.
        
               | ang_cire wrote:
               | These aren't "hardware people" writing the licenses,
               | they're "legal people", i.e. lawyers.
        
               | scotty79 wrote:
               | It's way too legible to be written by lawyers. At most
               | lawyer read this and said "sure, why not".
        
             | scotty79 wrote:
             | Obviously only 1 and 4. Neither book or post uses tech. It
             | can talk about tech, describe it, but never use it in any
             | manner.
             | 
             | Mum's doorbell might be gray area as you can easily say
             | that it's still your doorbel, you just chose to install it
             | wherever you chose to install it.
        
             | impossiblefork wrote:
             | There's no way that a book or blog post breaches any
             | patents.
        
         | 542458 wrote:
         | > patents don't apply to private tinkering unless there's
         | commerce involved.
         | 
         | While you're unlikely to be sued for something you do in your
         | basement that has no broader commercial or cultural impact,
         | it's not impossible. There is no private use exemption to
         | patents.
         | 
         | https://law.stackexchange.com/questions/24148/can-i-build-so...
        
           | samatman wrote:
           | This isn't 100% true, it's closer to 90% true.
           | 
           | There is a narrowly-tailored "research exemption" to patents:
           | https://en.wikipedia.org/wiki/Research_exemption
           | 
           | So "private tinkering" where you implement something patented
           | in order to perform research is permitted, but not for one's
           | own benefit, even privately. For the example we're
           | discussing, implementing Thread on some IoT device in order
           | to benchmark it in various ways is in-bounds, but you can't
           | _use_ that device to your own benefit, even privately in your
           | own home.
        
             | eszed wrote:
             | Aye. And, as the sibling post points out, demonstrating
             | that your benchmarking project qualifies for a Research
             | Exemption could devolve into a lawyer-up situation.
        
           | nostrademons wrote:
           | Something surprising that a couple lawyers have drilled into
           | me: _you can be sued for anything, regardless of whether it
           | 's illegal or not_. The lawsuit is the discovery & decision
           | process by which the courts decide whether your personal
           | circumstances make it illegal. If the law is blatantly on
           | your side you can get the lawsuit thrown out, but you still
           | have to defend yourself, which includes the expense of hiring
           | a lawyer.
           | 
           | A corollary (and probably what the lawyers were getting at):
           | not making yourself a target is more valuable than actually
           | following the law. If you have money, keep it to yourself -
           | some more unscrupulous actors will find some legal grey area
           | you're operating in and sue you for it simply so they can
           | force a settlement and get some of it. If you're doing
           | something interesting (whether it's legal or not), keep it to
           | yourself. If your interests are not aligned with someone
           | else, gosh darnit, don't tell them or otherwise bring
           | yourself to their attention. There is probably some lawsuit
           | they can bring that would at least force an expensive court
           | case and legal defense and make you want to settle to make it
           | all go away.
           | 
           | And once you are a target anyway, follow the law
           | _scrupulously_. This is why big corporations invest billions
           | in legal  & compliance departments.
        
             | mik1998 wrote:
             | Really only a thing in the USA due to the ridiculous
             | American rule wrt. attorney fees.
        
           | h4ckerle wrote:
           | As always with laws this is very location specific. In
           | germany there is a very clear clause about patents not
           | applying to "Actions carried out in the private sphere for
           | non-commercial purposes" (SS11 PatG, own translation)
        
             | kwhitefoot wrote:
             | Also the patents in question are probably software patents
             | which, in theory, are not granted in Europe.
        
       | alexashka wrote:
       | I wonder if this rant would've not existed if the Thread website
       | said 'costs 7500$/yr to use' on the front page.
       | 
       | To me, the issue isn't that someone wants people to pay to use
       | their products, it's that they make you work to find out.
       | 
       | There really ought to be price transparency for _everything_ ,
       | mandated by governments. I'm a dreamer, maaan.
        
         | snthd wrote:
         | At least we have wikipedia.
         | 
         | https://en.wikipedia.org/wiki/Thread_(network_protocol)
         | 
         | >Thread is an IPv6-based, low-power mesh networking technology
         | for Internet of things (IoT) products.[1] The Thread protocol
         | specification is available at no cost; however, this requires
         | agreement and continued adherence to an End-User License
         | Agreement (EULA), which states that "Membership in Thread Group
         | is necessary to implement, practice, and ship Thread technology
         | and Thread Group specifications."[2]
        
           | eviks wrote:
           | It's missing the most important part - the sticker price to
           | shock you away from it
        
         | Terretta wrote:
         | Given how much R&D expense Thread Group members have invested
         | over the years developing its IP and the commercial value
         | developers get from building on it, compared to, say, Apple's
         | iOS APIs that developers can build on, it's interesting to
         | consider the proportionality of Thread's annual licensing (USD
         | 7500) being 75x Apple's dev license (USD 100).
         | 
         | Either one of these is expensive or one of these is cheap.
        
           | kragen wrote:
           | the solution to your false dilemma is that they are both
           | unconscionably high, and additionally they are both
           | unconscionable because you are at the mercy of the vendor
        
           | josephg wrote:
           | Well, Apple's R&D expenses are amortised over a lot more
           | developers paying their Apple tax.
           | 
           | Most specialist stuff is like this. For example, Braille
           | displays and equipment for blind people is outrageously
           | expensive compared to most consumer electronics. But the
           | price tag makes sense because of how few units they sell. So
           | it takes a higher markup on each unit to make money.
           | Solidworks is simpler and more expensive than Windows because
           | it has orders of magnitude fewer users.
        
             | Terretta wrote:
             | Yes, in _cost plus_ instead of _value_ pricing.
        
         | _factor wrote:
         | It's only $20/mo. Just don't ask for how long.
        
         | jt2190 wrote:
         | Price transparency aside, do we _really_ know if it's a lot of
         | work to ask them to waive the annual fee, or to provide a no-
         | cost hobbies license? Why do we all assume that they intend to
         | screw the little guy, and aren't just a small under-resourced
         | group who either hasn't gotten around to hobby licenses, or
         | hasn't even realized it's a thing that people want?
         | 
         | Edit: Kudos to the author for actually reaching out to them. I
         | do wonder what he means by "ask for clarification"... This
         | sounds like the kind of email I dread receiving... vague, open
         | ended, gotta call the lawyer? Did he just ask if they could
         | waive the fee?
         | 
         | > I contacted the Thread Group's support email address on
         | 2024-04-19 to request clarification on non-commercial Thread
         | use.
        
           | denschub wrote:
           | Here are the full texts of both emails I sent them:
           | https://overengineer.dev/txt/2024-05-11-thread-group-emails/
           | 
           | The second one to their press team sounds super presumptuous,
           | sorry for that, but I found that you kinda have to talk to
           | press teams in that way if you want to get /any/ response at
           | al.
        
             | jt2190 wrote:
             | Thanks for being so open and sharing this. I truly hope
             | that this is an oversight on their part and not something
             | intentional, and we're just looking for the right person
             | who can "press the button" and grant you a license.
             | 
             | Looking at https://www.threadgroup.org/thread-group, it
             | seems like they already have some access for free
             | ("Academic" and "Associate"). I'll have to review your blog
             | post to see if you already reviewed those and what the
             | specific issues were.
             | 
             | Edit: I see you _did_ mention their  "Implementor"
             | membership level, but I'm not sure which of thier points
             | you need to "implement their IP" that the no-cost
             | memberships lack... "Access to IP rights", maybe?
        
       | actionfromafar wrote:
       | "you're a hobbyist without access to some serious throwaway money
       | to join the Thread Group, there is no way to use Thread legally"
       | 
       | Well, there's no way to know until someone finds out if they have
       | relevant patent covers.
       | 
       | We need Compaq to clean room copy the stuff and then take the hit
       | if there truly are valid patents...
        
         | erik_seaberg wrote:
         | A cleanroom process is evidence that you reimplemented without
         | copying, but that's not enough to avoid infringing a patent.
         | You need to redesign to avoid doing anything they claimed,
         | convince the patent office that they made a mistake in granting
         | some or all of the claims, hold a war chest of patents you
         | could counter-sue with, or YOLO:
         | https://paulgraham.com/softwarepatents.html
        
           | actionfromafar wrote:
           | Yes. What I meant about valid patents is that you can't
           | really know what a patent is worth until you challenge it.
           | There are SO MANY filed patents which are basically just
           | crap, nothing more than camouflage and bluster.
        
       | einpoklum wrote:
       | > if you're a hobbyist without access to some serious throwaway
       | money to join > the Thread Group, there is no way to use Thread
       | legally - the license does > not include an exception for non-
       | commercial uses.
       | 
       | Well, in this situation, and assuming Thread is technically
       | worthwhile - perhaps people would start using it "illegally"
       | (with or without quotes). If such use is wide enough, it might
       | get effectively legalized, albeit gradually.
        
         | crote wrote:
         | Don't worry, the protocol is explicitly designed to prevent it
         | from interacting with "fake" devices. Your device needs to
         | present a special cryptographic certificate in order to work
         | properly.
        
           | surajrmal wrote:
           | You're thinking about matter
        
         | advisedwang wrote:
         | Pirate adoption just helps cement thread as the winner in the
         | IoT space. Which forces organizations in the IoT space to use
         | thread. And they are afraid of being sued, so will follow
         | Thread rules.
         | 
         | So tactically I think this actually plays against making it
         | effectively legalized.
        
       | devjab wrote:
       | One of the reasons my city decided to go with LoRawan is exactly
       | because it's less complicated from the legal side of things. It's
       | much more complicated to work with, however, and because of
       | Danish telecom laws any such tech comes with ridiculous
       | restrictions that give telecom a sort of monopoly on high speed
       | "internet". This would also apply to threads though.
       | 
       | Anyway, one of the advantages a city gets is that it has a lot of
       | locations to set up antennas. A public school, a library and so
       | on, are all good locations that local citizens wouldn't have
       | access to. So the trick is to get your city to open up their
       | LoRawan equivalent to the public. At least if you want to deploy
       | things all over the city. Luckily mine does. It also gives you
       | free access to power supplies if your project is benefiting the
       | city (and open), and they are often interested in supporting you
       | financially as well.
       | 
       | But as a whole, just don't use threads.
        
         | tjoff wrote:
         | Threads would never scale to that anyway? Isn't it a completely
         | different usecase than what Threads was made for?
        
         | lakid wrote:
         | are you mixing up Thread with Digital Threads ?
         | https://www.ptc.com/en/blogs/corporate/what-is-a-digital-thr...
        
       | jensenbox wrote:
       | I have not read the fine print of all of this so my idea here may
       | be dead in the water but...
       | 
       | What if we (the community) were to establish an entity that would
       | pay the licensing for whatever required level and pitch in a
       | small amount each towards the fees and we could all then be
       | legal?
       | 
       | Essentially the new entity would be licensed and we all would be
       | licensed unter the entity. Fractionating the larger dollar figure
       | across us all.
        
         | Terretta wrote:
         | > _I have not read the fine print of all of this so my idea
         | here may be dead in the water..._
         | 
         | Many commercial software patent licensing agreements for at
         | least the last twenty years (the timeframe I've noticed
         | contracts tend to have realized open source and networks are a
         | thing) have clauses that specifically prevent or limit this,
         | called "preemptive sublicensing restrictions":
         | 
         | https://ipkitten.blogspot.com/2019/10/sublicensing-considera...
         | 
         | In the "fine print" of the Thread agreements including IP
         | agreement -- reading not very closely and while commenting here
         | -- they ensure this a little obliquely:
         | 
         | https://www.threadgroup.org/Becomemember
         | 
         | In the various agreements they've defined Implementor as what
         | you need to, well, implement it, and it does allow sublicensing
         | to affiliates, but separates out Participants and Associates
         | from Affiliates, and puts a high bar on what can be an
         | Affiliate.
         | 
         |  _Based on the provided definition of "Affiliate" in the
         | context of the Thread Group, Inc. Implementer Participation
         | Agreement, an Implementer cannot simply sign agreements with
         | third parties to make them "Affiliates" in order to sublicense
         | the Implementer's license. According to the definition, an
         | "Affiliate" must be a corporation, company, or other entity
         | that either owns or controls the Implementer, is owned or
         | controlled by the Implementer, or is under common control with
         | the Implementer, with a significant threshold of more than
         | fifty percent ownership or control._
         | 
         |  _This means that the relationship defining an entity as an
         | Affiliate is based on substantial ownership or control rather
         | than merely contractual agreements. An Implementer would need
         | to have a majority ownership or control over another entity for
         | that entity to qualify as an Affiliate and thereby enjoy the
         | rights and privileges, including any sublicensing rights,
         | granted under the Implementer 's license. This ensures that
         | Affiliates are closely tied to the primary Participant,
         | maintaining a direct and substantial connection rather than a
         | loose contractual relationship._
         | 
         | // IANAL, YMMV, ask your attorney, standard disclaimers apply
        
         | pavel_lishin wrote:
         | Besides what Terretta wrote... why would we? This seems like
         | such a hostile approach to releasing a protocol that I wouldn't
         | want to support them financially.
         | 
         | Especially when our use cases are something like "make a home-
         | made coffee bean counter last 90 days on battery power instead
         | of 55".
        
       | odo1242 wrote:
       | Do these license terms apply if you use OpenThread directly
       | without ever agreeing to the license on the Thread specification?
       | I don't see how you could be sued if you never agreed to anything
       | except the BSD license lol
        
         | p_l wrote:
         | Similar to how you have to join certain patent pools even if
         | you have otherwise an open license to the code.
        
         | 542458 wrote:
         | The BSD license just selectively releases the copyright on the
         | openthread code. It doesn't affect other legal constructs, like
         | patents or copyrights outside the repo.
        
           | josephg wrote:
           | What are "copyrights outside the repo"? The BSD license
           | doesn't grant any patent or trademark rights. But how would
           | copyright cause problems?
        
             | 542458 wrote:
             | OpenThread is by Google, and not the thread group. Google
             | has released their copyright claims with the BSD license,
             | but the thread group could still C&D you for copyright
             | issues I.e., that your project that includes openthread
             | code violates their spec's copyright.
        
               | denton-scratch wrote:
               | > OpenThread is by Google, and not the thread group.
               | 
               | Wow. So Google is _in_ the Thread Group, and so is
               | licensed to practice and ship the technology; which they
               | do, in the form of OpenThread, under a permissive
               | licence.
               | 
               | BUT anyone that uses OpenThread for _anything at all_ is
               | exposed to legal action unless they cough up the fees. Is
               | that right?
               | 
               | So this is hard for me to understand: Google's OpenThread
               | code is open to be inspected, and you can contribute to
               | it, under a BSD-like licence; but Thread Group holds the
               | IP, and reserves the right to sue. As always, the patents
               | covering it are not listed, and some of them might be
               | submarines. I don't see why it's called "Open" Thread, if
               | you probably can't even use the library without a Thread
               | Group licence.
        
               | denschub wrote:
               | This is the reason why this notice exists in the
               | OpenThread repo: https://github.com/openthread/openthread
               | /blob/1fceb225b3858a...
        
               | ang_cire wrote:
               | I'm sure Thread Group would love to stop Google making
               | OpenThread available, but unless they want to tee-off
               | against Google's legal team over patent infringement, the
               | easier route for them is just threatening everyone else
               | out of using it.
               | 
               | All the combined wealth of every individual who has ever
               | wanted to tinker with Thread is a fraction of Google's
               | warchest.
        
               | denschub wrote:
               | > I'm sure Thread Group would love to stop Google making
               | OpenThread available
               | 
               | Google is a founding member of the Thread Group.
               | OpenThread exists publicly because it's the only widely
               | available implementation that's shipped in a lot of
               | places. Nordic's SDK, for example, uses OpenThread.
               | 
               | OpenThread is built by and for members of the Thread
               | Group, and used by them. It's fairly clear that Google
               | doesn't care much about anyone else.
        
               | tomxor wrote:
               | > OpenThread code is open to be inspected, and you can
               | contribute to it, under a BSD-like licence; but Thread
               | Group holds the IP, and reserves the right to sue. As
               | always, the patents covering it are not listed, and some
               | of them might be submarines
               | 
               | Sounds like they are trying to have their cake and eat
               | it? Release code on a copy left license to try and gain
               | open source contributions, but also force people to pay
               | if they want to use it by crippling it with patents and
               | some weird licensing BS.
               | 
               | Except no one outside of large corporations already
               | paying for it are going to ever contribute code... how
               | could they, you can't contribute code in a vacuum.
        
               | denton-scratch wrote:
               | > Release code on a copy left license
               | 
               | It's not a copyleft licence, it's a modified BSD-style
               | licence. Basically, you can do what you like with it,
               | except (a) delete or replace the licence, and (b) trade
               | on the names of Open Group or it's developers.
               | 
               | > crippling it with patents and some weird licensing BS.
               | 
               | Not to mention that part of the lock-in is that certified
               | implementations MUST validate a certificate from a peer,
               | which MUST have been issued by Thread Group, and they
               | will only issue one to a licensee. That is, it literally
               | won't work unless the implementor has a licence.
        
           | delusional wrote:
           | The 3-Clause BSD doesn't NOT release copyright. The copyright
           | holder extends you a perpetual license to redistribute and
           | modify the copyrighted work, provided you adhere to the
           | license. They still hold the copyright. Without them holding
           | the copyright, the 3 clauses would be meaningless, since
           | they'd have no way to enforce them.
           | 
           | Releasing the license is commonly refereed to as "public
           | domain", but it's not actually possible to relinquish the
           | copyright in all territories, and therefore people generally
           | prefer some kind of license.
        
         | advisedwang wrote:
         | They likely have patents, which restrict use even to people who
         | have not agreed to a license.
        
           | sneak wrote:
           | Which patents cover implementing Thread if it's just IPv6 on
           | Zigbee?
        
       | indeyets wrote:
       | Yup. Just use zigbee. 3.x is open and well specified. And dongle-
       | bridges for HomeAssistant are cheap
        
       | alfiedotwtf wrote:
       | Prediction: the world will move on and probably choose something
       | less wrapped up in a legal Trojan. Although not IP based, LoRa is
       | pretty neat. Slow, but so easy to play around with
        
         | Petersipoi wrote:
         | "Slow" meaning what exactly? There is going to be a delay
         | between pushing the button on my phone and the lights turning
         | off? Or is it more a "theoretical" slow that doesn't matter too
         | much in practice?
        
       | oohshiny wrote:
       | I'm not super familiar with licensing at this kind of level - how
       | does the licensing for Thread compare to e.g. Bluetooth, which
       | also requires payment to integrate into products?
       | https://www.bluetooth.com/develop-with-bluetooth/join/member...
       | 
       | (I've also been playing around with Thread this week, as it
       | happens. Surprised how easy it was to flash the example project
       | to an ESP32 and start pinging it from my laptop)
        
         | squarefoot wrote:
         | I'm also not familiar with this legalese stuff, however in the
         | case of Bluetooth, it has been "illegally" implemented in many
         | (mostly imported from far east) devices that use it but don't
         | show its complete name. If you encounter a Bluetooth device
         | that claims "BT version x" compatibility and not Bluetooth
         | version X, then it might be one of them.
         | 
         | This makes me think that should Thread gain some traction among
         | users, cheap clones implementing it under a similar name, yet
         | without any licensing, would appear shortly on sale at the
         | usual vendors.
        
       | nox101 wrote:
       | And Apple and Google signed up for this.
        
       | scotty79 wrote:
       | > If you're like me and want to write a series of blog posts
       | about how Thread works, there's also no legal way.
       | 
       | I feel like their conditions are refering to manufacturing and
       | delivering products that use Thread tecg to some third party
       | (selling, gifting, possibly renting). Not about teaching,
       | publishing or experimenting. As long as you don't transfer what
       | you've built to another person you should be fine.
       | 
       | Am I misreading?
        
         | advisedwang wrote:
         | The section of the license agreement excerpted:
         | 
         | > Thread Group, Inc. [...] hereby grants you a [...] license
         | [...] to view, download, save, reproduce and use the
         | Specification solely for your own internal purposes
         | 
         | uses the term "internal purposes" which doesn't seem to include
         | writing a blog post for the external world to see.
        
           | scotty79 wrote:
           | When you write a piece that you publish externally the
           | research you do for it is still done by you internally.
        
       | maufl wrote:
       | I'm a little confused, I thought Thread was exclusively based on
       | open standards, like 6LowPAN, that already existed before Thread.
       | How can a licence be required for those? I understand the
       | application layer Matter is new (although also using open
       | standards like CoAP) and might not be that open.
        
         | ianburrell wrote:
         | Thread adds mesh networking on top of 6LowPAN. Thread, and
         | Zigbee and ZWave, don't have range to cover whole house so need
         | relays and added mesh.
        
       | gdcbe wrote:
       | The latest "Decoder" episode was about local smart homes. Mainly
       | about "Matter", but also about Thread:
       | https://podcasts.apple.com/be/podcast/decoder-with-nilay-pat...
       | 
       | Might be of interest if Thread is of interest to you.
        
         | advisedwang wrote:
         | Does it touch on the legal issue this post is about at all?
        
           | gdcbe wrote:
           | Not at all. That is why I did not mention the legal part.
           | Which is a bit disappointing as the host has a lawyer
           | background. Oh well...
        
       | zackmorris wrote:
       | This tickles my spidey sense. Real tech is what we can't use or
       | teach, that Neo lived for in the Matrix, stuff like: Tor Browser,
       | BitTorrent, pre-Microsoft Skype, WebRTC, Bitcoin, etc etc etc.
       | It's anything that lets the mind seek the truth uninhibited to
       | get closer to the divine.
       | 
       | The tech purgatory we live in today between utopia and dystopia
       | is mostly walled gardens and surveillance capitalism. We pay a
       | fortune for 5G and streaming services that technically have no
       | reason to exist. It would be borderline trivial to develop real
       | p2p networking for smartphones that self-organizes with others
       | near them to share some fraction of their bandwidth and create a
       | darknet. Like BitTorrent, performance would increase with the
       | number of peers, so it would run faster at a festival for
       | example, not slower. Which means that a gigabit radio would fully
       | saturate and we'd be enjoying internet speeds perhaps 10-1000
       | times faster than we have now, even millions of times faster when
       | the protocol runs on wired networks. Maybe something like Thread
       | would facilitate the creation of a p2p network running on and
       | alongside existing infrastructure.
       | 
       | I believe that this free p2p network should have been developed
       | around 2007 when the iPhone and Facebook exploded, but greed took
       | us into this alternate timeline where expenses rise faster than
       | wages so we never have the time, money or resources to escape the
       | rat race long enough to get the real work done that gets us
       | closer to a Star Trek UBI economy and self-actualization.
       | Meanwhile there are countless Mark Zuckerbergs, 1000 billionaires
       | and millions of tech influencers who have won the internet
       | lottery but don't pursue the goals that I'm talking about here.
       | They just seem to build out ever more infrastructure to expand
       | their wealth, creating a black hole that shrinks the wealth of
       | the working class. I can only think of a handful of benefactors
       | like MacKenzie Scott who might do it in reverse and seek out
       | eager minds to offer them what they need to work at the pace
       | they're capable of outside the status quo.
       | 
       | Which brings me to my point: the legalese obfuscating the Thread
       | protocol isn't to protect their working group, but to prevent the
       | disruption of the status quo in order to protect the fortunes of
       | the biggest tech companies.
       | 
       | The thing is, we're crossing thresholds now where I don't think a
       | lot of people under 50 expect the future to get better. They're
       | waiting to have children because they don't have enough money.
       | Children are dying in proxy wars and we can't even call out the
       | political party responsible because the other one is scarier.
       | We're facing enormous geopolitical threats like the rise of
       | authoritarianism and we can't even call it out because we depend
       | on products made by child labor in those same countries, created
       | using minerals and fossil fuels which only exist there. I mean
       | this is like, really serious stuff. If we want to actually invent
       | the real innovation that heals the world and improves the quality
       | of life for everyone, it starts with the most fundamental
       | disruptive tech like this.
        
       | kazinator wrote:
       | I wouldn't use anything called Thread regardless of its
       | qualifications and pedigree, because I don't want to face months
       | and years of meetings in which people will be be forever heard
       | explaining whether they are talking about operating system
       | scheduler threads, or the framework by that name. (Imagine non-
       | native English speakers who don't distinguish plurals like
       | "threads" and "thread" talking to other such speakers). Just kill
       | me now.
        
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