[Konsole-devel] Fwd: Copyright Violation on konsole derivates

[lars.doelle at on-line.de]

All,

to keep you informed, i've posted the forwarded mail to motorolafans.com and
to Rhizod, basically barring the derivates from being distributed while granting
a temporary license to the current users of the derivates to put them on the save
side and to reduce the harm caused in this process.

I am trying to get in contact with authors of the derivates, but given the structure
of motorolafans.com and the centre of gravity of the authors, it is unclear if this
will be successful or not.

I consider to put together a list of embedded ports of the konsole for the konsole's
home page, perhaps explaining the license issue there for people in doubt.

My opinion on the case is that it is not critical yet, but likely to cause more and
more problems if it is not addressed.

-lars

----------  Forwarded Message  ----------

Subject: Subj: Copyright Violation on konsole derivates
Date: Tuesday 11 July 2006 13:53
From: lars.doelle at on-line.de
To: webrhz at armiento.net

Rhizod,

i write to inform you that your web site contains a distribution of a derivate of
the konsole program that is in violation of the license.

The konsole is a X terminal emulation licensed under the GNU General Public
License.

See <http://konsole.kde.org> for the home site of the konsole.

See <http:http://www.gnu.org/copyleft/gpl.html> for GNU General Public License
(GPL).

I am the originator and holder of the copyright of the konsole.


The respective program, called "qonsole" in violation of the license is located on
your site e.g. at

- http://www.dewmill.com/filesx/qonsole_b.zip
- http://www.dewmill.com/linuxphone.html

There may or may not other derivates distributed from your site.


To shortly explain the issue, the konsole's license demands certain obligations
when a modified version of the konsole is distributed. See §3 of the GPL for
details.

In particular, the modified work has to be distruted only together with the
source and under the terms of the GPL. This regulation is to guarentee, that
modifications of the konsole can themselfes be be modified, fixed, studied and
distributed.

Though i assume that the authors of the derivates listed above did not violate
the license in bad intention, they are neverthenless causing harm and i cannot
leave thing as they are right now.

The authors of the derivates are not even listed with their plain emain address.
I am trying to get in contact with them, but i may or may not successful with this.


Until this perhaps happens, i thus clarify the issue as follows:

1) The distribution of the programs listed above is illegal.

2) Therefore,

   a) remove the distribution from your site to limit the harm.

   b) inform your users about the fact that they received a modified
      version of the konsole in violation of the GPL and that the
      offending programs may not be distributed.

   c) if you can, please help to get in contact with the authors
      of the derivates to settle the issue.

   d) if you can, please help to find other places where these
      works are distributed and/or propagate this mail to related
      sites or boards.


To explain my position on the issue, i generally welcome and encourage the
creation of derivates based on the konsole. But i cannot tolerate when the
users of such derivates are excluded from their rights to modify, fix, study or
otherwise use the sources of the derivates, and i am dedicated to put this
across even when such a derivate gets finally lost, which would then only be
sooner than later.

I'm willing to help the authors to fix the problem, but until this happens,
i cannot do anything but declare these derivates illegal. If you are a user
of such a program, please understand, that this action is not directed against
you, but to the contrary is to reestablish your rights.

As i do not want to cause harm, i hereby grant, only for your readers, who
downloaded the illegally distributed binary derivates of the konsole before
July 11, 2006, a non-transferable license to run these binaries until August
11, 2006. This temporary license will not extended. Then, the binary has either
to be replaced by another release under a proper license (if the issue has
been successfully settled) or deleted.


With Best Regards,

  Lars Doelle <lars.doelle at on-line.de>

  Hamburg, Germany, July 11, 2006


PS.

Rhizod, i understand that you wanted to help by packageing the program more
properly, and i would normally warmly welcome your work. Again, though i do not
want to cause harm, i simply cannot leave things as they are right now. If you can,
please help to clarify the issue.

-lars


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