NYCPHP Meetup

[Dan Horning]

mitch - call me offline ...
I'll see who I might be able to get you connected with or at least start a
mediation.

Dan Horning
Vice President - Lightning Bug Logistics, Inc.
http://www.lblogistics.com/
1-877-551-2750 Office
1-518-894-4155 Private Line
 

> -----Original Message-----
> From: talk-bounces at lists.nyphp.org 
> [mailto:talk-bounces at lists.nyphp.org] On Behalf Of Mitch Pirtle
> Sent: Saturday, September 25, 2004 1:18 PM
> To: NYPHP Talk
> Subject: Re: [nycphp-talk] [OT] Furthermre -- I mean 
> Furthermore --CopyrightDispute over Mambo Code
> 
> On Sat, 25 Sep 2004 12:02:22 -0400, Tim Gales 
> <tgales at tgaconnect.com> wrote:
> > 
> > First off, thanks for setting this strait.
> > What you say makes a whole lot more sense to
> > me than that news story.
> 
> This should be a grim reminder to EVERYONE just how easily the media
> can be manipulated.  C|Net's original story basically presented
> Brian's claims as fact, and never even attempted to contact Miro or
> Mambo to see the other side of the issue - and in fact, presented
> Brian's claims without even asking for any kind of verification
> whatsoever.
> 
> > If he was distributing a 'derived work' based on code
> > whose copyright is held by Miro and published under GPL,
> > then he is obligated to give his changes or mods to Miro --
> > if indeed the Mambo copyright holder wants them.
> > 
> > This fact that he was publishing his changes seems
> > to me to be diametrically opposed to what this
> > guy was claiming (again as nearly as I could make
> > out from the news article) -- that the code was stolen
> > from his unpublished work.
> 
> Again, Brian does what is in Brian's interest, and that is it.  He
> took Mambo and some third party products, stripped all of the credits
> and copyright notices, and rebranded it as his own.  So not only did
> he distribute his stuff as GPL, he was in violation by removing the
> credits and copyrights to boot!
> 
> > It is even worse that he is threatening to take action
> > against the end users of Mambo (as you mentioned in
> > your post).
> > 
> > If this guy gets away with this (wins any sort of
> > legal judgement), it could definitely put a scare
> > into prospective clients, who you might be trying
> > to persuade to use open source code -- Mambo or not.
> 
> There is no legal threat from Brian, as he knows he has no evidence to
> back up his claims.  Just look at his forum posts at mamboserver.com's
> community forums (he was 'literati' at the time) and you will see that
> when we called his bluff, resorted immediately to his smear campaign
> and intimidation tactics with end users - and note, that he knows he
> has no legal grounds to threaten anybody, he is REALLY doing this to
> stop adoption of Mambo.
> 
> And as we are a volunteer-led effort with no funding, there is little
> opportunity for us to go after him in court - with what resources? 
> Hence the creation of the defense fund (hint, hint).
> 
> -- Mitch
> _______________________________________________
> New York PHP Talk
> Supporting AMP Technology (Apache/MySQL/PHP)
> http://lists.nyphp.org/mailman/listinfo/talk
> http://www.newyorkphp.org
>