I think we need to send them a written (on paper) letter addressed to the
CEO along the lines of the phone call Eben Moglen described at Harvard:
"Mr. Potential Defendant, you are distributing my client's copyrighted work
without permission. Please stop. And if you want to continue to distribute
it, we'll help you to get back your distribution rights, which have
terminated by your infringement, but you are going to have to do it the
right way."
Supplementary to that is that they have breached sections 1, 2b, 3 and 6 of
the GNU GPL. Therefore, under section 4, their rights to copy, modify and
distribute Ethereal have now terminated.
Demand that they immediately stop distributing Ethereal, but give them two
weeks(?) to reply with a proposed course of action in order to avoid legal
action.
I think the options we want to offer them are (one of):
1. Provide Analyser under the GPL.
2. Remove all trace of Ethereal from Analyser.
3. Re-code the interface between the two such that (all of):
a. Analyser uses the GPL distribution of Ethereal.
b. It is obvious to the end user that it does so.
c. The Copyright attributions of Ethereal are prominant in the Analyser
documentation.
It is probably worth getting in touch with Eben Moglen and asking for some
advice.
--
Richard Urwin, Private
"No 9000 series computer has ever made a mitsake or corrubiteddatatato."
> -----Original Message-----
> From: Joerg Mayer [mailto:jmayer@xxxxxxxxx]
> Sent: 03 March 2004 15:49
> To: Ethereal development
> Subject: Re: [Ethereal-dev] [Fwd: ClearSight Analyzer's use of
> Etherealdecodeengine]
>
>
> On Wed, Mar 03, 2004 at 07:27:11AM -0800, Richard Sharpe wrote:
> > Yes, I think it is important that we present a united front
> to ClearSight.
>
> Full ACK. While I strongly feel that way I'd also like to
> point out that
> anyone who provided code to Ethereal could sue ClearSight
> individually.
> So my opinion may not count that much.
> Maybe we could set ourselves a deadline until which we want
> to see significant
> progress (maybe 2 weeks from now?) In case no or little
> progress has been
> made we should act.
>
> Ciao
> Jörg
> --
> Joerg Mayer
> <jmayer@xxxxxxxxx>
> We are stuck with technology when what we really want is just
> stuff that
> works. Some say that should read Microsoft instead of technology.
>
> _______________________________________________
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> Ethereal-dev@xxxxxxxxxxxx
> http://www.ethereal.com/mailman/listinfo/ethereal-dev
>
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