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

[Joe Wells]

Dear Lars,

Did you get any response from Rhizod or anyone else?

Also, is there any chance you could put pressure on "blackhawk"
(motorolafans.com account name) to release source code corresponding
to his version 0.1 distribution of "eKonsole" (a port to the Motorola
EZX environment of the "embeddedkonsole" program)?  He has released
binaries corresponding to version 0.1 but not source code.  He has
released the later source code of version 0.2, but he even states that
version 0.2 does not work and that he only released the source code to
version 0.2 to get help on getting version 0.2 to work.

By the way, I think your idea of listing the konsole embedded ports
together with a discussion of the licensing issues may be helpful.

-- 
Joe

lars.doelle at on-line.de writes:

> 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
>
>
> -------------------------------------------------------