[FWD: RE: [Ebxmlrr-tech] License issue with our customer]

[David Dillard]

For those interested in more information on this case, NewsForge has an
article with additional information:

http://trends.newsforge.com/article.pl?sid=06/05/04/0048248&from=rss



--- David



> -----Original Message-----
> From: David RR Webber (XML) [mailto:david at drrw.info] 
> Sent: Wednesday, May 03, 2006 1:31 PM
> To: osi at opensource.org; license-discuss at opensource.org
> Cc: Ladislav Urban
> Subject: [FWD: RE: [Ebxmlrr-tech] License issue with our customer]
> 
> Team,
> 
> Can anyone provide some help for Ladislav here?
> 
> Seems like once again corporate lawyers are trying to trample 
> on open licensing...
> 
> Thanks, DW
> 
> -----Original Message-----
> From: Ladislav Urban [mailto:ladislav.urban at webswell.com]
> Sent: Wednesday, May 03, 2006 12:34 PM
> To: ebxmlrr-tech
> Cc: Sacha Schlegel; Vladimir Alexovic
> Subject: [Ebxmlrr-tech] License issue with our customer
> 
> Hello all,
> we have recently successfully completed integration project (May 2,
> 2006) based on our integration package Webswell Connect. This 
> package is under Academic Free License and uses Ebxml Reg/Rep 
> and other components associated with Freebxml.
> 
> Our customer decided to charge us with copyright breaking 
> issue at the court. The claim is that all open source 
> software is copyrighted property of the customer because he 
> payed our company to fix the bugs in Webswell Connect. They 
> accuse us from false advertisement that Webswell Connect in 
> the recent version belongs to Webswell and is spread under 
> Academic Free License. They want us to reverse all changes 
> that have been made by us on any OS SW that is used on the 
> given integration project and withdraw it from SourceForge 
> and all companies that use it.
> 
> I have to tell that we have made many changes during the time 
> of the project that has not been payed by the Customer and 
> are not used by the customer.
> 
> They deleted emails on my notebook during yesterdays visit 
> and tell all employees of the customer to not speak with us. 
> I do backups so I have not lost any documentation.
> 
> We are small company we are only 2 plus one external member. 
> We do not have to much money to spend on the attorneys. Do 
> you know somebody who is able to help us in this case?
> 
> The court conference is on September 5, 2006 in United States 
> District Court, Albany, New York. The magistrate judge is 
> David R. Homer.
> 
> I will send you the agreement with the customer and jury 
> trial documents and other documents on request. 
> 
> We are convinced that the agreement with our customer can not 
> give them copyright rights to software under Academic Free License.
> 
> Thank you for your help in advance.
> Ladislav
> 
> --
> Ladislav Urban
> CEO
> Webswell Inc.
> 1333 Howe Avenue, Suite 100
> Sacramento, 95825 CA
> email: ladislav.urban at webswell.com
> phone: +1 (916) 290-2040
> fax: +1 (916) 921-2850
> http://www.webswell.com
> 
> 
> 
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