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SubjectRe: APC, Your company is making a mistake!
Andre M. Hedrick enscribed thusly:
> On Mon, 12 Oct 1998, Shawn Leas wrote:

> > On Sun, 11 Oct 1998, Mike A. Harris wrote:

> > > On Sun, 11 Oct 1998, Brian Schau wrote:

> > > >Don't give up on Apc-upses ... See:

> > > >

> > > You aren't following the issue. The apcupsd package is the
> > > package that I'm discussing in the first place. It is GPL'd and
> > > is binary only. Not to worry, things are in the works to get
> > > this issue fixed.

> > GPL + binary-only = #define DONT_THINK_SO = 1

> > correct? I thought GPL says you must make source avail?


> -----------------------------------------------------------------------
> I will be able to re-publish the source above "IF AND ONLY IF",
> someone can help me with this legal issue....

> There was a generic statement that ::
> "We have not pursued anyone for decoding the UPSLink Protocol, 'YET'."

> "YET", cause my employer to force me to pull the project of the NET....
> -----------------------------------------------------------------------

> For the last time what do you not understand about the above???

I think some of us do. Your employer has been a victim of FUD.
Under what grounds could they pursue ANYONE for decoding their precious
protocol? It certainly wouldn't be copyright. Patent? I don't see
how. Trade secret? If you obtained access to the traces legitimately
(you didn't lie to them when you obtained the software) then that's
bogus too. Under what intellectual property law do they think they
have a snowballs chance in hell? How about breach of contract? Did
you sign anything?

If they file a nuisance suit, they can be sued back. What they
are doing is using the threat of a lawsuit to coerce you into doing
something they have no legal grounds to do. Granted, anyone CAN sue
anyone else for anything. Doesn't mean they are stupid enough to commit
legal suicide. Harasment lawsuits are actionable as can be threats and
coersion like this. Doesn't stop people and lawyers from making threats,
though. Their sometimes called "$50.00 lawyer letters". You pay a
lawyer $50 and he writes an official looking letter that threatens
you with action that you BOTH know you could never take. Big deal...

I will concede (before I get flamed on this point) that the
recent WIPO treaty bill muddies these waters greatly.

> Cheers,
> Andre Hedrick
> The IDE-FNG for Linux
> The APC UPS Specialist for Linux


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Michael H. Warfield | (770) 985-6132 |
(The Mad Wizard) | (770) 925-8248 |
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