Full ACK
----- Original Message -----
From: "Joerg Mayer"
Sent: Tuesday, March 09, 2004 11:56 AM
Subject: Re: [Ethereal-dev] ClearSight update
> 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.
>
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