Hacker News new | ask | show | jobs
by Veserv 960 days ago
Have you actually read the Tesla "patent pledge" [1]? It is ridiculously unfair.

Tesla agrees to not sue you for patent infringement as long as you have not "asserted, helped others assert or had a financial stake in any assertion of (i) any patent or other intellectual property right against Tesla...".

Tesla will not assert patents if you agree to not assert any intellectual property right against Tesla which includes patents and copyright and trademark and possibly even trade secrets (I am not sure if trade secret misappropriation would normally be classified under intellectual property rights).

Tesla specifically reserves the right to assert patent rights if you "marketed or sold any knock-off product (e.g., a product created by imitating or copying the design or appearance of a Tesla product or which suggests an association with or endorsement by Tesla)" which explicitly carves out their copyright and trademark rights as protected while demanding you give up yours.

Tesla's "patent pledge" is about as honestly named as the USA PATRIOT Act. It exists purely as a bad-faith attempt to claim the moral high ground so they can blame others for hating cooperation when their terms are so utterly unfair that no sane person would ever willingly agree to them.

[1] https://www.tesla.com/legal/additional-resources#patent-pled...

1 comments

According to the Engadget article, Tesla PR (which did exist at that time) said "although the company is indeed offering to share its charging and adapter specifications with other manufacturers, on the conditions described above, this won't necessarily involve sharing patents."

Key excerpt: "Won't necessarily involve sharing patents."

Which might not cover your entire point about intellectual property (copyright, trademark). Also the article at time of writing suggested the details hadn't been finalized yet, so there's room for your side of the argument there as well.

I'll also grant that for some of this we have only Elon's spoken word, and we all know what that's worth... my main point was that I believe there were options for participation prior to 2023. Were there caveats? Of course.