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copyright problem (regarding eemu and compatibles(LONG))

This is not (yet) a Debian problem, though it concerns an existing
package, eemu.

I've written a backwards compatible eemu-server and a set of clients.
They are not using eemu-code, they uses a new protocol between them.
(We use them internally right now and are quite happy with them.)

The server can, however, understand the eemu-protocol so that
eemu-clients and the eemu-browsers can be used.

Now, as I really liked eemu I thought the eemu-people should get some
credit for their work. For those who need commercial support I would also
include links to eemu.

I've used emu-server-2.32 before I wrote my own and the license looks
like this:
# EMU is an event manager processing events from "emsg".
# VERSION 2.32
#  Copyright 1999
#  by Jarrix Systems Pty Ltd.  All rights reserved.  Some individual
#  files in this distribution may be covered
#  by other copyrights, as noted in their embedded comments.
#  Redistribution and use in source and binary forms are permitted
#  provided that this entire copyright notice is duplicated in all such
#  copies, and that any documentation, announcements, and other
#  materials related to such distribution and use acknowledge that the
#  software was developed at Jarrix Systems Pty Ltd by Jarra and Anna
#  Voleynik.
#  No charge, other than an "at-cost" distribution fee, may be charged
#  for copies, derivations, or distributions of this material without
#  the express written consent of the copyright holder.

I would like to release my server under GPL, with copyright to the company
I work for. And, hopefully, maybe also some day included in Debian. :-)

So I contacted the eemu-people (see below) to get their view of
a name for the server. (I thought that would be a polite thing to do.)

Now, as you can see, they have a slightly different view of copyright
than what I do. I've contacted the eemu-maintainer (fer@debian.org),
and got his support, the european copyright laws would not be a problem.

Question is, could there be any legal problem world-wide?
Or are they just trying to scare me?

I apologize for including private e-mails, but I think they are
necessary for giving the whole picture.

To: <jarra@eemuconcept.com>
Sent: Thursday, December 07, 2000 11:07 AM
Subject: eemu

Got your address from the LISA proceedings. Maybe I should have
written to you before, but, well, no time and all that. :-)

I started to use eemu maybe one or two years ago, when you still
had a free version (maybe you still do?).

Anyway, I was impressed by the simplicity and strength of eemu.
So I implemented it with a couple of clients. Soon I discovered
that the load on the eemu-server went crazy each five minutes
when all clients called in and reported. (Yes, yes, I know, shouldn't be
any, but keeping disk low isn't always the top priority. )

Ok, being a perl guy I started writing code to get rid of the
fork of sort and grep when the outfiles was written.
I ended up rewriting the server from scratch. So, things started to
work fine now, lesser load on the server. (Yes, that's still the
wrong approach, fix the problems instead. I know. :-)

But I couldn't resist. The eemu idea is great. The protocol
was a little (in my humble view) rigid. So, I rewrote emsg1
in perl instead, changing to a multiline protocol with 'key: value'.
Still using the original commands though. But now I could
extend them if I wanted.

So, the only thing that remain from eemu is the idea and
backwards compatibility with the old protocol.
(It is still usable together with xeb 2.1)

Now I am thinking of publishing the code under GPL. Maybe someone
else would like to use the code. I've got so much from the net
and now I wanted to return something also.

So, therefore I would like to ask you if you have any objections
to this?
I know this may interfere with your company, I hope it doesn't, I'm
sure there are many that want commercial support instead.
And I thought of calling it 'nemu' (not emu) or something like that.
Of course, I will refer to you and your company if you don't mind.

From: "eemuconcept" <eemuconcept@eemuconcept.com>
To: "J=F6rgen H=E4gg
" <jh@axis.com>
Subject: Re: eemu
Date: Mon, 11 Dec 2000 09:24:38 +1100


Thank you for your e-mail and appreciation of the eemu concept that makes
life so much easier.

We had also been aware of the performance problems. The commercial product
has addressed those issues as well as a few others.

Regarding your derivation of the eEMU software - we do not approve of
releasing it under any licence (this includes GPL); which we are entitled =
do according to the licence the free eEMU software was released under.

We are of the opinion that a site that needs a fast and reliable real-time
monitoring like eEMU
can afford to purchase a software licence and thus support further eEMU

With Regards,

To: "eemuconcept" <eemuconcept@eemuconcept.com>
Subject: Re: eemu
Date: Mon, 11 Dec 2000 13:34:57 +0100
From: Joergen Haegg <jh@axis.com>

> Regarding your derivation of the eEMU software - we do not approve of
> releasing it under any licence (this includes GPL); which we are entitle=
d to
> do according to the licence the free eEMU software was released under.

Maybe I didn't make myself clear, my version does not contain
any of your code, it is only compatible on a protocol level.
(And that's only to be compatible with older clients and browsers,
my own client uses a new protocol.)
So I don't consider it a derivation, it is a completely new code base.

From: "eemuconcept" <eemuconcept@eemuconcept.com>
To: "Joergen Haegg" <jh@axis.com>
Subject: Re: eemu
Date: Thu, 14 Dec 2000 16:25:01 +1100


We have not only given the community a very useful free software
(by the way it is available through some Unix/Linux distributions),
but also a very good tool for those who feel like making their code (agent=
freely available. Sadly, there was scarce offer from Free eEMU users
to participate in the eEMU agents "exchange"  (credit to those who shared

Be it moral or legal obligations, you have asked for our approval in
to your release of the eEMU based code.
We have explicitly disagreed.

We would advise you to check with your lawyer for negative consequences of
your intention. Whether your code is or is not a derivation of our Free eE=
software is not a matter of your opinion. Derivation concerns the logic of
a program irrespective of the programming language it is implemented in.
Also, are you in a position
to make a decision regarding publishing your code or is it, perhaps,
your employer/client who actually owns it ?

Using or writing software code is not just a matter of taking or giving.
The process involves business and legal issues.



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