Apollon soon in kde-extragear

[Klas Kalass]

Am Dienstag, 10. Februar 2004 02:41 schrieb Martin Köbele:
> > The FastTrack network -- as I understand it the primary protocol used by
> > Apollon -- is overwhelmingly used for trading copyrighted material.  Both
> > the authors of the primary client for that network (Kazzaa) and users of
> > it have had legal action filed against them in the US.
>
> primary network is OpenFT.
>
> > It's also of note that copying CDs is legal; distribution of them is not.
>
> why is it legal? CDs are copyrighted!!
>
> later you say:
> > This is naive.  Making copies of copyrighted material is illegal in most
> >western countries.
>
> This is a contradiction.
> Copying is copying. Because of the paragraph which allows you to make
> personal copies of CDs you're allowed to download. (German UrhG: §53).
Please get in touch with a lawyer. Your understanding of the law is not 
completely correct. In Germany, Computer files are considered "broadcasting" 
and are not compared with physical reproduction. At least that is what I was 
told by a lawyer. So your argumentation is wrong (though your conclusion 
might not, but I am not sure about that).

>
> > If you look back at the thread that was mentioned I objected to KMLDonkey
> > being hosted in KDE's CVS server.  Unfortunately there was no discussion
> > prior to its being imported.  That said I feel that the author displayed
> > an understanding of the relevant laws and made a reasonable appeal based
> > on that understanding.  This has not yet happened from the Apollon side.
>
> not yet happened from the Apollon side? Thanks.
> Two weeks ago I held a seminar-presentation about the Copyright-law.
> That's where I have my knowledge from. I read books to find something
> especially about the p2p-topic. And now I have to hear that?
> Do you think I invented my email? Or what? How can you judge that
> everything I wrote is "irrelevant"?
I appreciate that you try to convince people of your position and that you 
fight for inclusion in KDE CVS. But please stay calm. Beeing hot-blooded does 
not help much and rants do a lot of harm in this context. People are really 
concerned about legal implications and replying with rants shows a lack of 
respect for those concerns.

You should also take into account, that probably not only german Law is 
applied. I don't know which law would be applied if problems should arise, 
but I am quite sure that american industries can find a way to apply their 
law, and not the german one. AFAICS your informations are based on german 
law. 

>
>
> Beside of that, understanding law or not, the law is not different for
> kmldonkey. It is exactly the same as for apollon.
> What is the difference between kmldonkey and apollon? Both connect to the
> same networks. kmldonkey to even more.
First of all, kmldonkey were lucky that I did not consider the impact of their 
inclusion enough and that there was no consensus on kicking them out 
afterwards.

Having said that, if we come to the conclusion that apollon cannot be 
included, we will be forced to check what the difference is and if that 
decission has to have any impact on kmldonkey.

>
> > A final note -- we've been through most of this before -- interested
> > parties can find it in the previously linked thread which I find
> > preferable to rehashing it all here.  There were some reasonable
> > suggestions / guidelines discussed there and I would suggest that these
> > are acted upon.
>
> No, I suggest to consider _all_ emails, including the mails of this thread.
>

After having read this thread (not the referenced one) I have the impression 
that everybody would be happy if apollon would educate the user and distance 
itself clearly from illegal use. We could even start to make sure KDE 
tarballs are distributed in P2P networks to show a legal use you could give 
as an example in the "education-dialog".

If that solution is not viable I count some of the posts here as objections.

Regards,
  Klas