On Mon, Mar 08, 2004 at 03:10:54PM -0600, Gerald Combs wrote:
> - We have several options available, litigation-wise. We can seek an
> injuction against ClearSight which would prevent them from shipping
> CSA in its current form. We can seek damages. We can try to have
> the source for CSA opened under the GPL or a GPL-compatible license.
Well, I can live with any of these, but my personal preference wuold be:
1) Open up the source under GPL (no damages, just a donation to FSF or
something similar)
2) Prevent them from shipping + damages
> - Should we decide to seek an injunction, it would likely cost 25,000
> to 30,000 USD.
So we'd need to set up something like an Ethereal legal fund.
> - He is willing to assist us in the case. However, he can't do pro
> bono work in California (CA), which is where it makes the most sense
> to file a case.
Being not familiar with the american legal system: What does "pro bono"
mean?
> - It's important to make this case as airtight as possible, in order
> to set a precedent for any future litigation.
OK
> In order to proceed with this, Ethereal's copyright holders need to
> agree on a final objective. Do we simply want ClearSight to stop
> infringement? Do we want them to open the source of Analyzer? Do we
> want damages? Should they be allowed to keep doing what they're
> doing, provided they pay a licensing fee?
Stopping alone: No - I would have accepted that when we first contaced
them - but they have been playing for time.
Opening the source: Best solution. In case they are creating costs for
us: these costs should be covered too.
Damages: In case they don't open the source: yes
Continue against a fee: No, not really
> We must also definitively establish who has a legal claim on
> Ethereal's copyright. There are _many_ people (and companies) listed
> in copyright notices in all of the files in the source code. There
> are many more listed in the AUTHORS file. Anyone who paid these
> people to write the code that's in Ethereal may have a copyright claim
> on a work-for-hire basis. Getting Ethereal's copyright status
> formally established is going to be a chore. I'll dedicate whatever
> time is necessary to do this.
Gerald, I don't envy you - but you are doing a great job here!
Thanks
Jï¿œrg
--
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.
