They stated that they "disagreed" with our recollection of the facts, and
claimed they had **NO** obligation under the GPL to release the code.
Bottom line, we've litigated with them before, and they lie and rip-off like
it's no one's business. There's a document titled the "Jennings Memoranda"
filed as Exhibit 9 to the Motion for Sanctions in 9704-339 in the 4th
Judicial District Court that we provided to the court system. This document
details some two dozen companies, groups, and individuals that Novell has
taken GNU code, used it, and failed to re-publish the code. The documetn
also contains a ruthless legal strategy for dealing with these folks and
legally classifies copyright holders of the GPL code based on their legal
capabilities to interfere with Novell. Our attorneys also have a copy of
this document. Some of you may be in it -- it's rather interesting. The
best quote out of the Jennings Memoranda is,
"..... Once again we must balance the costs in-house development of
"comparable code" against the costs and risks of simply taking their code
and using it... this last group of copyright holders could be particularly
troublesome for Novell to deal with.... "
Jeff
----- Original Message -----
From: Brad Dixon <brad.dixon@gtri.gatech.edu>
To: Jeff Merkey <jmerkey@timpanogas.com>
Sent: Tuesday, June 29, 1999 7:04 AM
Subject: Re: iToaster in violation of GPL?
> > YOUR POSSESSION). If Novell takes our code, we can slap an injunction
on
> > them, and compell them to come into compliance with the GPL. After
> > confronting them with this, they immediately backed off, claimed they
had
> > "clean roomed" all the code (even though their Brainshare slides admit
the
> > entire "Border Manager" project was built on Squid/Harvest), they put a
> > lockout on their website preventing internal Novell folks from accessing
our
> > FTP server.
>
> So what did Novell do in the end? After you confronted them with the
> situation they claimed that they "clean-roomed" the code, but you know
> they didn't? Did Novell really come clean?
>
> Were you functioning as a consultant at the time?
>
> Brad
>
> --
> Brad Dixon
> Georgia Tech Research Institute -- Atlanta, GA
> brad.dixon@gtri.gatech.edu
>
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