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I developed code for an Arduino board (Arduino Uno + Ethernet Shield and some sensor) and I am thinking to try to make some money by selling the resulting system. Is it legally possible make that with Arduino? If so, what are next steps in order, for example, to assemble the system to a "compact box", "economize" things and start production?

In other words, what "I have" / "I should" make now that I have implemented a working prototype of my system?

Note: I am newbie in business related to electical matters.

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  • \$\begingroup\$ Questions like "is it legally possible..." depend a lot on what legal jurisdiction you are in, and are likely to be too localized to be a good fit for the site. Can you broaden your question so it will be helpful for a wide audience of future readers? \$\endgroup\$
    – The Photon
    Commented Apr 3, 2013 at 19:23
  • \$\begingroup\$ With "is it legally possible..." I refers to the fact that Arduino is open source and I don't know if it is possible to sell system developed with it, regardless on what legal jurisdiction you are in. \$\endgroup\$
    – Backo
    Commented Apr 3, 2013 at 19:26
  • \$\begingroup\$ There is a section in the Arduino FAQ entitled "Can I build a commercial product based on Arduino?" You should read that and then familiarize yourself with the terms and conditions of the various General Public Licenses (GPL) and Creative Commons Licenses the design files are published under. \$\endgroup\$ Commented Apr 3, 2013 at 20:37

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Two things are important (three, first being I am NOT a lawyer).

  1. Do you use anyone else's software or libraries for your code? If so, you have to read those licenses.
  2. Are you using or modifying an Arduino or Arduino circuit? The Arduino FAQ provides their stance (below)

Mainly, it sounds like you want to prepackage an offcial unmodified Arduino board, the Arduino Ethernet shield, and a sensor board you design, with your code. So you are stacking three separate things, throwing them in a box, and selling them. Hardware wise, you should have nothing to worry about. Code wise, you might have to share some minor object files, unless you modify any libraries. Of course, that's only if you use the libraries and not build everything from scratch.

Can I build a commercial product based on Arduino?

Yes, with the following conditions:

  • Physically embedding an Arduino board inside a commercial product does not require you to disclose or open-source any information about its design.

  • Deriving the design of a commercial product from the Eagle files for an Arduino board requires you to release the modified files under the same Creative Commons Attribution Share-Alike license. You may manufacture and sell the resulting product.

  • Using the Arduino core and libraries for the firmware of a commercial product does not require you to release the source code for the firmware. The LGPL does, however, require you to make available object files that allow for the relinking of the firmware against updated versions of the Arduino core and libraries. Any modifications to the core and libraries must be released under the LGPL.

  • The source code for the Arduino environment is covered by the GPL, which requires any modifications to be open-sourced under the same license. It does not prevent the sale of derivative software or its inclusion in commercial products.

In all cases, the exact requirements are determined by the applicable license. Additionally, see the previous question for information about the use of the name “Arduino”.

There is also some conditions on using the name arduino, as it is trademarked:

While unofficial products should not have "Arduino" in their name, it's okay to describe your product in relation to the Arduino project and platform. Here are a few guidelines that explain which uses we consider reasonable. Not okay:

  • Arduino Xxxxxx
  • Xxxxxx Arduino
  • Arduino Compatible Xxxxxx - use "Xxxxxx (Arduino-Compatible)" instead

Okay:

  • Xxxxxx for Arduino - products that work with official Arduino boards (e.g. shields or kits)
  • Xxxxxx (Arduino-Compatible) - variations and clones which are software and hardware compatible

Note that while we don't attempt to restrict uses of the "duino" suffix, its use causes the Italians on the team to cringe (apparently it sounds terrible); you might want to avoid it. (It's also trademarked by a Hungarian company.)

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A few points:

  • 'open source' is just a sequence of two words without a well-defined meaning, you will have to dive into any real licenses that might exist for the exact products you use (likewise, Arduino is not a precisely defined concept!).

  • Your jurisdiction is always important.

  • You must separate the hardware aspects from the software aspects.

  • We are an EE forum, not a bunch of lawyers. That aside, there are people here that know quite a bit about the various 'open source' SW licenses, and people that have their own businesses.

  • The best way to 'productize' your product depends critically on the number of units you expect to sell and the amount of up-front money you are willing to invest. For 1's and 10's using existing Arduino's and shields is probably the best option. For 1000's you'd better design your own boards (or have it done by an expert) and have them built in China. In between it depends on a lot of factors.

My guess is that you can ignore the hardware aspects, except for the fact that the "open source'ness" of the Arduino makes it very easy for other people to copy and sell the same hardware.

The software aspect depends on the license(s) of the libraries that you use in your sketch. I think the Arduino IDE and compiler do not add anything to that (but the Arduino IDE built-libraries might!)

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  • \$\begingroup\$ It all started with 'kwon' ;o) \$\endgroup\$
    – jippie
    Commented Apr 3, 2013 at 20:02
  • \$\begingroup\$ Where to find more information concerning my doubts or how should I compose the question to solve those? \$\endgroup\$
    – Backo
    Commented Apr 3, 2013 at 20:37

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