[comp.sys.ibm.pc] Wake up and smell the coffee

scotty@l5comp.UUCP (Scott Turner) (10/01/88)

[The author kindly asks that if you wish to flame him in public that you
at least read the last few paragraphs of this message before doing so.]

I've read this SEA vs PKWare stuff for what seems like at least a year now
(although it's just been a month or two I guess) and finally I think I'm ready
to make a clear concise summary of this whole mess. (Attached below)

One reason this thing is a mess is that more people haven't read and ANALYZED
what they've read before making leaps of logic (and then making their leaps
public via this forum.)

The other big problem has been one Keith Peterson. He's been dancing around
this thing trying to throw gas on it to keep it going. He's scored a few
good splashes, but he has also needlessly muddied this matter when he missed.
(Can you make mud with gas? I hope so or my metaphor is in trouble. :)

First big leap that people SHOULD have made but didn't about the recent
2nd lawsuit filed by SEA: They spent their $40,000 WELL! They got a damn
good lawyer who advised them well and may yet get one Phil Katz thrown in
jail.

How! Is what more than a few people will be screaming at this point. Keith
and others have so muddied the issue that I'm sure ALOT of people will only
now understand what I'm about to explain.

It doesn't MATTER at this point wether SEA's trademark, copyright, patent or
whatever they want to claim matters. It's a moot point now. Old history.
Yesterday's cat litter.

SEA's lawyer laid a beaut of a TRAP for Phil Katz in that out of court
settlement. And Phil's lawyer let him leap right into the middle of it.
I was truely amazed at the sheer beauty of the strategy that SEA's lawyer
laid out on this one folks.

Phil signed that agreement even though it had two very key problems for him.
First, it clearly states he can't use the term ARC inside his new program
or dox. Second, ANY product he makes can't use the letter grouping ARC
anywhere inside the names of files it creates.

SEA's lawyer then finished the trap by making this deal with Phil to give
him a license to use the ARC file format and to distribute a modified
version of his program until Jan '89. HOWEVER, Phil's lawyer forgot the
fine print. While Phil can distribute said program, I can find no loophole
for said restriction on using the letter grouping ARC in filenames! ie Phil
could still sell a program, but he had to change the file extension he used.

Time to sue yer lawyer Phil if he didn't explain that to you. :)

There is now little doubt that Phil's goose is COOKED over this out of court
settlement he signed. He has CLEARLY violated it's terms and it doesn't
matter one damn bit what the original merits of the case were. He's now in dutch
for not following the out of court settlement he agreed to.

So all of Keith's recent efforts to fan the "SEA can't claim a trademark on
ARC" are for naught, if he's trying to save Phil. Even if SEA's claim to ARC
as a trademark is proven to be false at this point, Phil agreed not to use
it in his out of court settlement.

All I can suggest is that Phil better get a sharper lawyer to defend him on
this contempt filing than he had on the original. This SEA lawyer is SHARP.

Why do I think the lawyer for SEA is so sharp? Look at the dates involved
here folks. Less than two weeks went by between the effective date of the
out of court settlement and the second filing.

My impression is that SEA's lawyer said to SEA: "Well guys, *MAYBE* I can
win this trademark thing if it goes to court, and maybe I can't. The odds
aren't too good. However, if we can get an out of court settlement with
this little idea I've got cooked up in it I can assure you I can nail
him when he violates it." Phil's lawyer didn't spot the trap, Phil fell for
it, and with a cackle SEA's lawyer leapt upon them as soon as he had the
proof he needed in hand. (SEA's lawyer probably bought the first copy of
the PKPAK software :)

The reason I think the above, is that if those little bombs hidden in the
out of court settlement weren't intentional, it would have taken longer than
two weeks for SEA to notice the legal bonanza Phil had given them. They
HAD to be waiting with baited breath for Phil's new program to have acted
as quickly as they did.

Instead of filing "Friend of the Court" documents, those who like Phil better
start baking cakes with files inside 'em. :) Of course the judge MIGHT let
him off with all his money gone rather than taking his liberty, but I just
don't see any way he's going to get out of this one scott free. Especially
with the class of legal talent he's hiring.

Enough on that topic, onward to Keith's next favorite topic, the new program
Phil may be writing from the grey bar motel. (Do they let you have a computer
in federal prison, or just a tennis racket?)

Here again all sounds great on the surface, until we read the fine print. Ya
have to read that fine print folks!

These guys are only going to make the source for the file access toolkit
available in the public domain folks. NOT the programs! No one has promised
to write a program using this library and give it away as yet. And don't
fool yourselves, Phil isn't going to be doing anything of the sort! He already
has a track record on this point. SEA gave out the source to ARC, Phil gave
away no such thing for PKARC. In fact, if I remember correctly, people had
to clobber Phil over the head to get him to tell the world what the SQUASHED
file format was.

Phil has made alot of friends by providing a faster archiver with a better
compression scheme, but he has done little or nothing to further the
public domain. No one gets to stare at his source to gleen new methods of
doing things, or to figure out how to handle SQUASHED archives. Those who
say SEA is evil should consider Phil's track record just a TAD more closely.

Now I'm going to make one more leap that I'm sure is going to get my mailbox
filled with crap from people who love Phil and won't read and UNDERSTAND
what I'm about to say.

I think the person responsible for the whole ARC mess is one Phil Katz, not
SEA. We have only Mr. Katz to thank for getting SEA so pissed off that they
decided they had to take a new posture on ARC. Mr. Katz went in and started
taking away SEA's business without paying the dues that SEA has paid in full.
There are no VMS/Unix/Atari ST/Commodore C64/CPM/Amiga PKARC programs folks.
And there never would have been since Phil never released his source.

Just look at it from SEA's viewpoint for a moment, you've created the industry
standard and fostered it's growth across a BROAD range of computers. But the
only place you get any pay back is from the IBM PC market. And then this
Phil Katz guy decides he's going to go after it, without having any of the
overhead from being the industry standard. He can even add this SQUASHED
format with ease since he has no concerns of VMS/UNIX/AMIGA etc...

What would you do? Most people say SEA deserves to loose this conflict because
they didn't keep improving ARC and making it faster. But this is patently
untrue. What was ARC 5.21? Chopped liver? And never forget that if they add a
feature to ARC it has a wide impact which will elicit the same howls of
protest that PKARC's SQUASHED format brought.

Surely people can remember back to when Phil was public enemy number one with
SYSOPS over his SQUASHED format? GEnie just recently started letting people
post arc files using this format. And only in the IBM roundtables since there
is no PKARC for the other computers.

I wonder if anyone out there has noticed the parallels between Ollie North and
Phil Katz? Both of these guys stand a snow ball's chance in hell of winning
in court, but the media has turned both of them into heros of the common man.
(Only Phil doesn't have Ronnie to give him a pardon. :)

Almost overnight Phil has gone from public enemy number one with his SQUASHED
format, to poor old Phil attacked by big bad SEA.

I'm sorry folks but I just can't see SEA as the big bad evil thing that Keith
seems to think they are. If they were so damn evil why did they try to
resolve this issue with Phil rather than just going after him up front. They
tried to work it out with him and Phil told 'em to take a long walk on a short
pier, no counter offer or anything, just go to hell. And probably sat back
with a huge grin on his face saying "NOW we've really got 'em on the run boys!
Keep up the pressure!"

And then when they sued him they let him off the hook with a damn nice out
of court settlement. SEA didn't have to be anywhere near as nice in letting
Phil off the hook. It isn't SEA's fault that Phil's lawyer didn't spot the
landmines in the agreement. If Phil had lived up to the letter of the
agreement I'm sure SEA's lawyer would have been nashing his teeth in
disappointment. But let's face it, he's a lawyer, he ain't supposed to be
a good guy, he's supposed to WIN. The landmines were probably his idea not
SEA's.

Like alot of people I got REALLY steamed when this issue first started to
break upon the world. I was all set to convert my .arc files to .zoo files
and write letters to SEA telling them to shove ARC sideways. But then unlike
most people I thought about this whole mess and ANALYZED what was REALLY going
on. I tried to seperate the mud from the cause/effect/motivations of the whole
issue.

I was surprised to find myself coming around to SEA's view of this thing. I
mean when you get right down to it who's done the most good for the most
people? SEA or PKWare? Who's been more open? SEA or PKWare? Who's had the
larger investment in ARC? SEA or PKWare? And if PKWare were to run SEA out
of the ARC business who would be hurt? SEA or ME?

The last issue is what finally made me wake up folks. I've heard several
times that it's always a good idea to take something and reverse it to
see if you would like it the other way around, and THEN decide what to do.

SEA gave us source code to ARC so everyone could use it. PKWare gave us
nothing. If SEA were to give up on ARC those of us that depended on that
source code for non-PCDOS versions of ARC would be screwed since PKWare
never gave away their source. Never promised to either. Never gave away
any code fragments for those of us on non-PCDOS machines so we could read/write
SQUASHED arc files.

After looking at it that way I just couldn't swallow Keith's garbage anymore.
And further study revealed all that I have laid out above.

But just keep that above thought in mind when you pick a side to root for,
who's really trying to keep people from using their code?

I'm amazed that with the leaps people have taken to see SEA in a negative
light that more people haven't done the same with PKWare.

Let's look at this whole mess through "Ollie glasses", but with a different
tilt.

Phil has managed, through what would seem to be his close buddy Keith, to
start a anti-SEA movement. Everywhere you look you hear the chant "Kill SEA!
Kill SEA! Down with ARC! I want Phil's new product WHATEVER it is!"

Boy, wouldn't you LOVE to be in that position?

But it gets better. He now runs around saying his new program will use a
public domain file format and he will give away a library of routines for
reading/writing the new file format.

He doesn't have to promise to give away all the source code, since he has
cleverly made the two topics of file format and reading/writing it HOT
buttons for the public. They see he's going to be a good guy about these
hot buttons and look no further. Like how those folks using machines Phil
has no intrest in are going to get a copy of his new program to use? Phil is
going to have a whole new market open to him on the PC universe and if he
succeeds in the current campaign he'll make a PILE of money off it. He's not
about to repeat SEA's mistake and give away the source code to HIS program
so he can face his own Phil Katz some day.

I'm sure he's ALL in favor of this new file archiver. I'm sure he also gets
a real grin on his face when people say "I'm going to use his new program,
whatever it does." I'm sure he'll chuckle all the way to the bank as well.

Off with the "Ollie glasses".

Personally I'd like to see Rahul succeed with his ZOO program. I have no real
fondness for ARC, and like his ZOO program MUCH better. Of all the players
in this whole issue I think he's the one who should get public support. The
man has been responsive to public attention about his program, fixed bugs,
added features, and has consistantly NOT tried to turn a dime off it. When
people wanted to force money on him he told 'em to give it to a charity instead.

I ask anyone who has read this far down into this rather long article, which
standard would you rather use? The one created by the guy chuckling all the
way to the bank, or the one created by the guy who takes pride in doing a good
job in creating a standard and only asks for a little recognition? (And a
chance to tilt at windmills :) Who can we trust more not to screw us? The guy
who's livelyhood DEPENDS on the new standard, or the guy who's got a job to
support him that doesn't depend on his standard's success or failure?

I mean if someone makes a clone ZOO is Rahul going to run around screaming
"You're taking food out of the mouths of my wife and children!"???

I think not.

And from a USENET standpoint who should we back? Rahul who is a user of this
forum, giver of his time as a moderator of comp.binaries.ibm.pc, or some other
person who's never used USENET? I can sit here and type a message to Rahul
using USENET and get a response from him, how about Phil? (or SEA for that
matter) Shouldn't we USENETers be supporting one of our own if given the
chance?

I hope this article will wake a few more people up to the dangers of this new
course that Keith is trying to steer us all onto.

But there is one thing he is right about, we can no longer, thanks to Phil
Katz, rely on ARC as the industry standard. Phil has forced SEA into a postion
that they can no longer back down from. A new industry standard will HAVE
to be selected at this point. Not because SEA is evil, but because Phil Katz
backed them into a corner and they were FORCED to act as any reasonable person
would when their livelyhood is threatened.

Thanks a WHOLE LOT Phil. :(

I just hope Keith wakes up before Phil leads him and everyone else into
creating this SEA mess all over again. Make no mistake, given the choice of
making a living off his new standard or giving it away, Phil is going to
choose making a living. And he WILL, defend it at all costs just as SEA has
done. Mark my words well on that point. Phil is just as human as the folks
at SEA, and if put into the same position we can expect him to react in
similar fashion.

---------------------- The Promised Concise Summary --------------------------

Phil backed SEA into a corner, wouldn't understand their position or if he
did didn't give a damn, and forced them to take their best shot. They did,
scored what I think will be a mortal blow to Phil (thanks to their lawyer),
and now Phil is running around going "The bastards shot me! And I didn't do
anything to them! Help me! Help me!" Only problem is SEA didn't shoot him,
they nuked him. And the fallout is covering alot of other people. I'm sure
SEA is just as unhappy as everyone else that the weapon their lawyer gave
them to use was a tac nuke rather than a Detonics Combat Master with Glaser
safety slugs.

Let's learn from this, and not blindly jump right back into the same mess.
The real lesson here is not that trademarks and copyrights are evil, but
rather that people will act rashly when their livelyhood is threatened. Let's
back a standard where no one has to worry about their families eating if
their version of the extractor/creator program isn't a financial success.

Just as with guns, the tools themselves aren't evil, it's the people that use
them. And sometimes they aren't evil, they're just desperate.

I think we need both gun control and lawyer control. Both areas are far too
wide open. Guns should only be in the hands of people who know full well
how to use them and what will happen when they do. Lawyers can be JUST as
destructive to a person's life as a saturday night special in the hands of
a coked up teenager. As SEA has demonstrated, lawyers are potent weapons
with far reaching side effects if they are not used properly.

And this is where lawyers everywhere should hang their heads in shame. A gun
doesn't know any better, lawyers should. (In all fairness there are still
a FEW lawyers that aren't win-at-all-costs killing machines but there are far
too many who are)

Scott Turner
scotty@l5comp -or- uunet!l5comp!scotty

malloy@nprdc.arpa (Sean Malloy) (10/02/88)

In article <439@l5comp.UUCP> scotty@l5comp.UUCP (Scott Turner) writes:
>[The author kindly asks that if you wish to flame him in public that you
>at least read the last few paragraphs of this message before doing so.]

Sounds fair to me. Done. Now, on to work . . .

>The other big problem has been one Keith Peterson. He's been dancing around
>this thing trying to throw gas on it to keep it going. He's scored a few
>good splashes, but he has also needlessly muddied this matter when he missed.
>(Can you make mud with gas? I hope so or my metaphor is in trouble. :)

Keith has certainly put in a lot of effort to make sure that the
situation is kept out in public where people will be aware of it; it's
all to easy to let things like this vanish in the noise simply because
it isn't being written up in some industry journal every time new
information becomes available. The news media did the same thing when
the Iranian airliner was shot down in the Persian Gulf, and I don't
see you railing about their coverage, which, at least to my mind, has
been equally inflammatory.

>First big leap that people SHOULD have made but didn't about the recent
>2nd lawsuit filed by SEA: They spent their $40,000 WELL! They got a damn
>good lawyer who advised them well and may yet get one Phil Katz thrown in
>jail.

All the justice you can afford, eh? They invested $40,000, and are
getting $62,500 out of PKware. Filing lawsuits is obviously a
cost-effective business practice -- especially when the guy at the
other end of the lawsuit can't afford to defend the lawsuit.

>Phil signed that agreement even though it had two very key problems for him.
>First, it clearly states he can't use the term ARC inside his new program
>or dox. Second, ANY product he makes can't use the letter grouping ARC
>anywhere inside the names of files it creates.

By your own words, SEA has created an industry standard for archiving
programs with ARC. In his documentation for PKPAK/PKUNPAK, Phil used
the term 'ARCing' referring to the process of creating archive files.
I seem to recall that a number of other companies have lost trademarks
through usage falling into the public domain. Aspirin comes to mind. I
believe that Xerox eventually gave up on pumping out money to prevent
the same thing happening. How many of the people reading this casually
refer to 'going to xerox some copies of this' or 'xerox copies' or
'xeroxes' whether or not the machine they are using to make the
photocopies was built by Xerox? If 'arcing' and 'unarcing' have become
common usage with respect to creating and extracting archive files,
then SEA's trademark on ARC is unenforceable as regards those two
verbs.

In any case, you are flat _wrong_ about PKware not being able to sell
programs that make ".ARC" files. More on this momentarily.

>SEA's lawyer then finished the trap by making this deal with Phil to give
>him a license to use the ARC file format and to distribute a modified
>version of his program until Jan '89. HOWEVER, Phil's lawyer forgot the
>fine print. While Phil can distribute said program, I can find no loophole
>for said restriction on using the letter grouping ARC in filenames! ie Phil
>could still sell a program, but he had to change the file extension he used.

Wrong. From the text of the agreement between SEA and PKware that was
archived at SIMTEL20:

| 4.  Termination of PK's License:  After January 31, 1989, PK agrees
|     not to distribute or offer for license any program that:  1.
|     creates ARC compatible archive files; 2. by default adds a
|     filename extension of ".ARC"; or 3. processes ARC format files.
|
| 5.  No Trademark License:  After the effective date of this
|     Agreement, PK agrees not to distribute or offer for license any
|     program that carries a trademark, tradename or filename
|     including the letter combination "ARC" or any other trademark,
|     tradename or filename the use of which may be confusingly
|     similar to any of SEA's trademarks, or the use of which may be
|     likely to cause confusion or mistake or to deceive with respect
|     to SEA's programs.  PK agrees to forthwith abandon any
|     applications it has pending to register in the United States
|     Patent & Trademark Office any of its trademarks containing the
|     letter combination "ARC".

This says _explicitly_ that PKware may not distribute a _program_ that
has 'ARC' in its name, whether in the documentation or on the disk. It
also states _specifically_ the date _after_ which PKware is enjoined
from selling a program that makes '.ARC' files (unless the user
specifies that file extension explicitly). _After_ 1/1/89, the program
can't make ".ARC" files. Not before. Changing the _program_
names to PKPAK and PKUNPAK fulfills the requirement in clause 5;
nothing in clause 4 prohibits these programs from creating, by
default, ".ARC" file extensions until the start of next year. SEA has
shot themselves in the foot.

>So all of Keith's recent efforts to fan the "SEA can't claim a trademark on
>ARC" are for naught, if he's trying to save Phil. Even if SEA's claim to ARC
>as a trademark is proven to be false at this point, Phil agreed not to use
>it in his out of court settlement.

If SEA's trademark on 'ARC' is ruled invalid, all PKware has to do is
petition the court to overturn the settlement.

>All I can suggest is that Phil better get a sharper lawyer to defend him on
>this contempt filing than he had on the original. This SEA lawyer is SHARP.

When how much you get paid, or whether you get paid at all, depends on
your convincing the court that the other guy is Hitler even if he's
Schweitzer, you're going to be grabbing for all the legal tricks you
can. If some of them don't pay off, all you're out is time -- and
you're out that anyway.

>I think the person responsible for the whole ARC mess is one Phil Katz, not
>SEA. We have only Mr. Katz to thank for getting SEA so pissed off that they
>decided they had to take a new posture on ARC. Mr. Katz went in and started
>taking away SEA's business without paying the dues that SEA has paid in full.
>There are no VMS/Unix/Atari ST/Commodore C64/CPM/Amiga PKARC programs folks.
>And there never would have been since Phil never released his source.

If PKARC and PKXARC were so damaging to SEA's 'ARC' trademark and
name, why did they wait until versions 3.5 and 3.6 of the PK programs
were out? It seems to me that SEA is guilty of failing to defend their
trademark. They ignored PKware until they saw that the PKware programs
had grabbed a significant, if not major, piece of the archive program
market, and only _then_ did they file to shut him down. This isn't
"He's infringing our trademark; we'd better slap him down" but "He's
cutting into our income; we'd better stomp him before we're out of a
job".

>Just look at it from SEA's viewpoint for a moment, you've created the industry
>standard and fostered it's growth across a BROAD range of computers. But the
>only place you get any pay back is from the IBM PC market. And then this
>Phil Katz guy decides he's going to go after it, without having any of the
>overhead from being the industry standard. He can even add this SQUASHED
>format with ease since he has no concerns of VMS/UNIX/AMIGA etc...

And people use this new program because it's faster and makes smaller
archives, so it cuts into your income. So, rather than make your
program better so it can compete with this new program, you drag him
into a lawsuit you know you won't win if it drags on long enough, but
you know he can't afford to spin the suit out for long enough to win,
so he'll have to settle out of court. You get a legal precedent
without having to test the justice of your position.

>What would you do? Most people say SEA deserves to loose this conflict because
>they didn't keep improving ARC and making it faster. But this is patently
>untrue. What was ARC 5.21? Chopped liver? And never forget that if they add a
>feature to ARC it has a wide impact which will elicit the same howls of
>protest that PKARC's SQUASHED format brought.

(HEAVY SATIRE WARNING) And SEA's _never_ released an updated version
of their ARC program that created arcfiles that previous versions
couldn't read. 

If SEA added a new feature to ARC, PKware would have to add that feature to
PKARC and PKXARC, or would lose market share to SEA, and vice versa.
In case you're not familiar with it, this is called _competition_. Two
or more companies add features and utility to a program to create
increased sales and income. SEA is trying to monopolize the market by
trying to stomp on anyone who tries to reverse-engineer the ARC
programs. It's already been proven in court that reverse-engineering
_hardware_ is legal; why should _software_ be any different?

>Surely people can remember back to when Phil was public enemy number one with
>SYSOPS over his SQUASHED format? GEnie just recently started letting people
>post arc files using this format. And only in the IBM roundtables since there
>is no PKARC for the other computers.

Funny, the 'arc' program I have running on the Vax at work reads
arcfiles with SQUASHED format files in them. (HEAVY SATIRE WARNING)
Then I must only have _imagined_ getting this program off of the
comp.sources.unix newsgroup, and have only _thought_ I was reading
documentation files I extracted using it. I _must_ have a medical
checkup immediately; I'm hallucinating. Oh, but you said there was no
_PKARC_ for other computers. Yes, I'm sorry, the program I use at work
combines both create and extract into one program, and is written in
C. As soon as I get some free time, I'll break it up into two
programs, and rewrite it in Vax assembler. Real Soon Now.

>I was surprised to find myself coming around to SEA's view of this thing. I
>mean when you get right down to it who's done the most good for the most
>people? SEA or PKWare? Who's been more open? SEA or PKWare? Who's had the
>larger investment in ARC? SEA or PKWare? And if PKWare were to run SEA out
>of the ARC business who would be hurt? SEA or ME?

One of the underlying truths behind a free and open market is if you can't
compete and won't get out of the market, you're going to lose money.
Lose enough money, and you'll _have_ to get out of the market.

>The last issue is what finally made me wake up folks. I've heard several
>times that it's always a good idea to take something and reverse it to
>see if you would like it the other way around, and THEN decide what to do.

No matter which way the arguments are flying, when it comes down to
what, in my opinion, is one company suing another because the second
company is making a better product, then the first company is
maliciously trying to monopolize the market.

>SEA gave us source code to ARC so everyone could use it. PKWare gave us
>nothing. If SEA were to give up on ARC those of us that depended on that
>source code for non-PCDOS versions of ARC would be screwed since PKWare
>never gave away their source. Never promised to either. Never gave away
>any code fragments for those of us on non-PCDOS machines so we could read/write
>SQUASHED arc files.

The algorithms for the compression routines are in the public domain,
because you can't copyright an algorithm. For all your screaming about
what a monster Phil Katz is for not releasing source to PKARC and
PKXARC and introducing this incompatible SQUASHED format, the fact
remains that he _did_ release the format of a SQUASHED file, and
anyone who is willing to put in the work to write a SQUASHing routine
for a non-PCDOS machine can do it. You are saying that Phil Katz is
dirt because he only created this new archive format for PCDOS
machines.

(HEAVY SATIRE WARNING) If you are so anguished about the hapless plight
of the millions of Amiga, Atari, Commodore, Apple, and Mac users out
there, who are all _obviously_ incapable of writing code of this
complexity given both the algorithm used and the file format, (FLAME
WARNING) then by God _YOU_ write the programs for them -- don't go
whining and badmouthing Phil Katz because he only wanted to do it for
the IBM PC! 

>After looking at it that way I just couldn't swallow Keith's garbage anymore.
>And further study revealed all that I have laid out above.

You're not putting out garbage -- just fertilizer.

>
>But just keep that above thought in mind when you pick a side to root for,
>who's really trying to keep people from using their code?

I agree. Phil Katz is keeping people from using his _code_. He has put
a lot of work into his programs, and wants to prevent people from
taking his code, filing off the serial numbers, and selling it as
_their_ code. However, the _algorithms_ used in the programs are
available, as is the file format. If you can't take an algorithm
and a file format and write code that will generate that file format
using that algorithm, then find someone who can and is willing to do
it for you.

>Phil has managed, through what would seem to be his close buddy Keith, to
>start a anti-SEA movement. Everywhere you look you hear the chant "Kill SEA!
>Kill SEA! Down with ARC! I want Phil's new product WHATEVER it is!"
>
>Boy, wouldn't you LOVE to be in that position?

The general concensus appears to be that Phil Katz is getting a fudge
packing from SEA. As a result of this, and based on his track record
of producing quality software, people _are_ going to support his
intention to build a new, and putatively better, file archiving
program. This also puts him on the hot seat, because if it's a turkey,
it's going to shoot his reputation full of holes.

>
>But it gets better. He now runs around saying his new program will use a
>public domain file format and he will give away a library of routines for
>reading/writing the new file format.
>
>He doesn't have to promise to give away all the source code, since he has
>cleverly made the two topics of file format and reading/writing it HOT
>buttons for the public. They see he's going to be a good guy about these
>hot buttons and look no further. Like how those folks using machines Phil
>has no intrest in are going to get a copy of his new program to use? Phil is
>going to have a whole new market open to him on the PC universe and if he
>succeeds in the current campaign he'll make a PILE of money off it. He's not
>about to repeat SEA's mistake and give away the source code to HIS program
>so he can face his own Phil Katz some day.

Unless he's going to come up with some new compression algorithm and
keep _that_ under his hat, he's going to be using existing file
compression algorithms, which are publicly available. With the file
format and the algorithm(s) used, anyone who's interested will be
able to write routines to read and write the file format for other
machines. If his new archiving program goes over big enough,
_somebody_ will find it to be worth his while to write the code so he
can read that format on his machine. Once that starts, it's all
downhill from there -- more implementations on more machines will
start appearing.

>But there is one thing he is right about, we can no longer, thanks to Phil
>Katz, rely on ARC as the industry standard. Phil has forced SEA into a postion
>that they can no longer back down from. A new industry standard will HAVE
>to be selected at this point. Not because SEA is evil, but because Phil Katz
>backed them into a corner and they were FORCED to act as any reasonable person
>would when their livelyhood is threatened.

SEA wasn't competetive in the software market, so they decided that,
since trying to compete in the market wouldn't _guarantee_ that they
could compete, they dragged Phil into the legal system, where _he_ was
the one who lacked the financial resources to compete.



	Sean Malloy
	Navy Personnel Research & Development Center
	San Diego, CA 92152-6800
	malloy@nprdc.arpa

tneff@dasys1.UUCP (Tom Neff) (10/03/88)

Scott Turner's analysis of the SEA/PK thing is interesting.  I have no
doubt he will get all the flames he predicted and more! :-)

It would certainly be a nice idea to work on promulgating a new
packaging standard after several years of ARC.  But it should be a
major IMPROVEMENT over ARC, not a politically motivated workalike.
There are a number of features we could stand to see invented, and this
would be a good time to do it.  That's not exactly what appears to be
happening though.

Rahul's ZOO doesn't represent a true quantum improvement over ARC;
it's more of a carefully rethought clone.  Nevertheless it would have
been perfectly positioned to step into the void after the ARC legal
firestorm and become a prominent packaging format.  Unfortunately,
Rahul picked this most inopportune of moments to start playing
political games with the timesharing services and diskette clubs,
hobbling his current ZOO.EXE with a mishmash of distribution
restrictions I think few sysops are going to want to try and wade
through.  A real shame.
-- 
Tom Neff			UUCP: ...!cmcl2!phri!dasys1!tneff
	"None of your toys	CIS: 76556,2536	       MCI: TNEFF
	 will function..."	GEnie: TOMNEFF	       BIX: t.neff (no kidding)

gmat@wuibc.UUCP (Gregory Martin Amaya Tormo) (10/03/88)

Politui

>[The author kindly asks that if you wish to flame him in public that you
>at least read the last few paragraphs of this message before doing so.]
>

	I did.

>One reason this thing is a mess is that more people haven't read and ANALYZED
>what they've read before making leaps of logic (and then making their leaps
>public via this forum.)

	This is true.

>The other big problem has been one Keith Peterson. He's been dancing around
>this thing trying to throw gas on it to keep it going. He's scored a few
>good splashes, but he has also needlessly muddied this matter when he missed.
>(Can you make mud with gas? I hope so or my metaphor is in trouble. :)

	It is not nice to place personal comments or flames in the net.

>First big leap that people SHOULD have made but didn't about the recent
>2nd lawsuit filed by SEA: They spent their $40,000 WELL! They got a damn
>good lawyer who advised them well and may yet get one Phil Katz thrown in
>jail.

>It doesn't MATTER at this point wether SEA's trademark, copyright, patent or
>whatever they want to claim matters. It's a moot point now. Old history.
>Yesterday's cat litter.

	Not true.  The legal process is not black and white.  There is
still a matter of good faith.  If SEA (meaning the company and the lawyer)
did not bargain and settle in good faith, than PKware still has rights,
fine print or not.

>SEA's lawyer laid a beaut of a TRAP for Phil Katz in that out of court
>settlement. And Phil's lawyer let him leap right into the middle of it.
>I was truely amazed at the sheer beauty of the strategy that SEA's lawyer
>laid out on this one folks.

	I rest my case (pardon the pun).  If PK can show it was a trap,
they still have rights.  I smell coersion here.  Maybe not physical, but it
sounds like the agreement was signed under duress.  Let us not falsely
believe our legal system is infallable and this could not happen.

>So all of Keith's recent efforts to fan the "SEA can't claim a trademark on
>ARC" are for naught, if he's trying to save Phil. Even if SEA's claim to ARC
>as a trademark is proven to be false at this point, Phil agreed not to use
>it in his out of court settlement.

	I do not think this is so cut and dry.  The copyright issue in
software has long been debated.  Maybe SEA can copyright the name ARC, but
I would argue whether they can copyright an extension.  .PAS is not
copyrighted, Bell systems has not restricted use of .C.  Trademarks are one
thing, but some things are just too public domain to protect.

>here folks. Less than two weeks went by between the effective date of the
>out of court settlement and the second filing.

	Another pointer to bad faith.  If SEA's lawyer effected this
settlement with the intension of hanging PKware for it, then there was no
meeting of the minds, and PKware has the chance of rendering it invalid.

>My impression is that SEA's lawyer said to SEA: "Well guys, *MAYBE* I can
>win this trademark thing if it goes to court, and maybe I can't. The odds
>aren't too good. However, if we can get an out of court settlement with
>this little idea I've got cooked up in it I can assure you I can nail
>him when he violates it." Phil's lawyer didn't spot the trap, Phil fell for
>it, and with a cackle SEA's lawyer leapt upon them as soon as he had the
>proof he needed in hand. (SEA's lawyer probably bought the first copy of
>the PKPAK software :)

	Again, the words are less important than the intention.  SEA can
not say one thing and be meaning another thing intentionally.  ie. For the
Lawyer to plan such a thing from the beginning is deceitful, and can
invalidate the contract whether the PK lawyer saw it coming or not.

>The reason I think the above, is that if those little bombs hidden in the
>out of court settlement weren't intentional, it would have taken longer than
>two weeks for SEA to notice the legal bonanza Phil had given them. They
>HAD to be waiting with baited breath for Phil's new program to have acted
>as quickly as they did.

	Exactly.

>Instead of filing "Friend of the Court" documents, those who like Phil better
>start baking cakes with files inside 'em. :) Of course the judge MIGHT let
>him off with all his money gone rather than taking his liberty, but I just
>don't see any way he's going to get out of this one scott free. Especially
>with the class of legal talent he's hiring.

	You are presuming too much here about the legal system and PK's
lawyers.  I sense that you are as much a SEA fan as you flamed Mr. Richards
for being a fan of PK earlier.  This text is loaded with biased comments
against PKware, Phil Katz, and their lawyers.

>Enough on that topic, onward to Keith's next favorite topic, the new program
>Phil may be writing from the grey bar motel. (Do they let you have a computer
>in federal prison, or just a tennis racket?)

	Bias?  Nah.

>Phil has made alot of friends by providing a faster archiver with a better
>compression scheme, but he has done little or nothing to further the
>public domain. No one gets to stare at his source to gleen new methods of
>doing things, or to figure out how to handle SQUASHED archives. Those who
>say SEA is evil should consider Phil's track record just a TAD more closely.

	Wrong.  Furthering the public domain has nothing to do with
releasing the source results of your labor.  PKware (as is ARC) is
commercial shareware.  That is every programmers dream, to have a program o
succesful it can be marketed commercially.  PKware has furthered the public
domain concept by providing faster, smarter, and more effective archiving
programs.  So what if they did not release source code.  I wouldn't have
either and I firmly believe in the shareware concept and public domain.

>Now I'm going to make one more leap that I'm sure is going to get my mailbox
>filled with crap from people who love Phil and won't read and UNDERSTAND
>what I'm about to say.

	I do not love Phil.  I do not even know him.  All I do know is I
started using ARC by SEA, and as soon as I found it, I switched to PKARC by
PKware not because I did not like SEA (They have done much for the BBS
world), but because when I compared them PKARC WORKED BETTER.

>I think the person responsible for the whole ARC mess is one Phil Katz, not
>SEA. We have only Mr. Katz to thank for getting SEA so pissed off that they
>decided they had to take a new posture on ARC. Mr. Katz went in and started
>taking away SEA's business without paying the dues that SEA has paid in full.
>There are no VMS/Unix/Atari ST/Commodore C64/CPM/Amiga PKARC programs folks.
>And there never would have been since Phil never released his source.

	You must be nuts.  Are you saying that it is because they gave
SEA competition PKware is responsible for the situation?  Well then I guess
no one should write a dbase or 123 compatible program for fear of a similar
situation.  I remember reading somewhere that PKware did NOT copy the
sources from SEA ARC into PKARC.  The algorithms for compression techniques
are not copyright, they are public freeware. And if I am not incorrect, SEA
came out with ARCE after PKware came out with PKXARC.  Who stole who's idea
then? 

>Just look at it from SEA's viewpoint for a moment, you've created the industry
>standard and fostered it's growth across a BROAD range of computers. But the
>only place you get any pay back is from the IBM PC market. And then this
>Phil Katz guy decides he's going to go after it, without having any of the
>overhead from being the industry standard. He can even add this SQUASHED
>format with ease since he has no concerns of VMS/UNIX/AMIGA etc...

	This is a weak point.  You can not create an industry standard (and
I submit SEA did that, just as SEADOG has created a standard for mailing
packets in Fidonet.  But you can not rest on your laurals and use it as an
excuse to prevent competition.  PKware did have overhead.  They did have
program developement, and to suggest they decided one thursday afternoon to
give SEA a run for their money and began distributing PKARC is insane.  If
you have done any software developement, you would know this not to be
true.

>What would you do? Most people say SEA deserves to loose this conflict because
>they didn't keep improving ARC and making it faster. But this is patently
>untrue. What was ARC 5.21? Chopped liver? And never forget that if they add a
>feature to ARC it has a wide impact which will elicit the same howls of
>protest that PKARC's SQUASHED format brought.

	That is competition.  I tried ARC 5.21.  I still found PKARC to be
a better program for my archiving uses.  It was not chopped liver, but it
was not caviar either.  That was my opinion, and I do not suggest that
others would not find ARC 5.21 better, but you suggest everyone must do so.
And if ARC adds a better feature, that is the art of competition in a free
market.  PKware must respond by matching or improving that feature.

>Surely people can remember back to when Phil was public enemy number one with
>SYSOPS over his SQUASHED format? GEnie just recently started letting people
>post arc files using this format. And only in the IBM roundtables since there
>is no PKARC for the other computers.

	Show me Lotus 123 for VMS/Unix/etc.  Does Seadog run on non-msdos
computers?  If you know anything about Fidonet, anytime someone introduces
something new they become PE #1.  That does not make either side wrong.  It
just means that one sides approach could have ben better organized, and the
otherside argued because it was new, or they did not think of it, or any
number of stupid reasons.

>I wonder if anyone out there has noticed the parallels between Ollie North and
>Phil Katz? Both of these guys stand a snow ball's chance in hell of winning
>in court, but the media has turned both of them into heros of the common man.
>(Only Phil doesn't have Ronnie to give him a pardon. :)

	Are you a rebulican?  The media has not looked at this situation.
It is not a media event.  A few trade journals mentioned the lawsuit, but
none indepth that I have seen.  I think Ollie had a litle more exposure.

>Almost overnight Phil has gone from public enemy number one with his SQUASHED
>format, to poor old Phil attacked by big bad SEA.

	Not overnight.  One.  Whatever feeling Thom Henderson and Phil Katz
might have toward eachother, you should remember that the suit involves SEA
and PKware.  You portray Phil as a lonely person and SEA as a large
company.  That is a little exagerrated.  BTW, I think you are beginning to
ramble.  There better be a good closing 8+>

>I'm sorry folks but I just can't see SEA as the big bad evil thing that Keith
>seems to think they are. If they were so damn evil why did they try to
>resolve this issue with Phil rather than just going after him up front. They
>tried to work it out with him and Phil told 'em to take a long walk on a short
>pier, no counter offer or anything, just go to hell. And probably sat back
>with a huge grin on his face saying "NOW we've really got 'em on the run boys!
>Keep up the pressure!"

	You are entitled to your opinion.  You started this disertation
saying you wanted to state the facts.  You should have stated your opinion
and backed it up with your facts.  You asked why they tried to resolve the
issue.  You already stated they did NOT try to resolve the issue, but
congratulated the SEA law team on their trickery.

>And then when they sued him they let him off the hook with a damn nice out
>of court settlement. SEA didn't have to be anywhere near as nice in letting
>Phil off the hook. It isn't SEA's fault that Phil's lawyer didn't spot the
>landmines in the agreement. If Phil had lived up to the letter of the
>agreement I'm sure SEA's lawyer would have been nashing his teeth in
>disappointment. But let's face it, he's a lawyer, he ain't supposed to be
>a good guy, he's supposed to WIN. The landmines were probably his idea not
>SEA's.

	Lawyers are good guys depending on which side you are on.  They are
supposed to win.  They are not supposed to stoop to tricks and deceptions
to do so.  Above all, a lawyer is supposed to be ethical.  SEA was not nice
in letting PKware off the hook if they deliberately tried to reach a
settlement that they intended to use against PKware in the future.  Holding
PKware to an agreement and looking to trap them with an agreement are two
different things.

>Like alot of people I got REALLY steamed when this issue first started to
>break upon the world. I was all set to convert my .arc files to .zoo files
>and write letters to SEA telling them to shove ARC sideways. But then unlike
>most people I thought about this whole mess and ANALYZED what was REALLY going
>on. I tried to seperate the mud from the cause/effect/motivations of the whole
>issue.

	I have watched all this too.  I was never angry enough at any side
to want to switch to zoo.  It sounds though that in your analization you have
paid more intention to SEAs side.  Did you find out what PKware's
interpretation of the settlement was?  If both sides did not interpret the
agreement the same way and Phil Katz signed the agreement with this
different understanding, then the agreement may be invalidated in court.

>I was surprised to find myself coming around to SEA's view of this thing. I
>mean when you get right down to it who's done the most good for the most
>people? SEA or PKWare? Who's been more open? SEA or PKWare? Who's had the
>larger investment in ARC? SEA or PKWare? And if PKWare were to run SEA out
>of the ARC business who would be hurt? SEA or ME?

	The final answer to your retorical questions is ALL OF US.  Both
sides have contributed toward ameteur BBSing.  Both have put a lot of time,
money, and effort into their respective products.  You seem to think that
by being first SEA worked harder.  While I give credit to SEA for coming up
with the idea, I do not set them up on a pedistol.  I give the credit to
the compnay that comes up with better improvements.

>The last issue is what finally made me wake up folks. I've heard several
>times that it's always a good idea to take something and reverse it to
>see if you would like it the other way around, and THEN decide what to do.
>
>SEA gave us source code to ARC so everyone could use it. PKWare gave us
>nothing. If SEA were to give up on ARC those of us that depended on that
>source code for non-PCDOS versions of ARC would be screwed since PKWare
>gave away their source. Never promised to either. Never gave away
>SQUASHED arc files.

	You keep harping on the source code to ARC.  What have YOU done
with it?  PKware has published the structure of arc files, so you can do
the same thing they did - take the compression algorithms and develope your
own non-dos versions.  

>After looking at it that way I just couldn't swallow Keith's garbage anymore.
>And further study revealed all that I have laid out above.

	I am sure Keith feels the same after reading your message.

>But just keep that above thought in mind when you pick a side to root for,
>who's really trying to keep people from using their code?

	Why must we take sides.  Neither side is trying to prevent people
from using their code.  Just that PKware is not releasing the SOURCE.  One
the other hand SEA is trying to prevent people from using PKware's code.

>I'm amazed that with the leaps people have taken to see SEA in a negative
>light that more people haven't done the same with PKWare.

	And versa visa.

>Let's look at this whole mess through "Ollie glasses", but with a different
>tilt.

	Are you sure you are not republican?  Spin control?

>Phil has managed, through what would seem to be his close buddy Keith, to
>start a anti-SEA movement. Everywhere you look you hear the chant "Kill SEA!
>Kill SEA! Down with ARC! I want Phil's new product WHATEVER it is!"

	Do you have any evidence to back up this accusation against Keith
and Phil?  Or maybe you are overstating the situation a bit.

>Boy, wouldn't you LOVE to be in that position?

	Sarcasm is what contributes to these discussions getting out of
control.

>But it gets better. He now runs around saying his new program will use a
>public domain file format and he will give away a library of routines for
>reading/writing the new file format.
>
>He doesn't have to promise to give away all the source code, since he has
>cleverly made the two topics of file format and reading/writing it HOT
>buttons for the public. They see he's going to be a good guy about these
>hot buttons and look no further. Like how those folks using machines Phil
>has no intrest in are going to get a copy of his new program to use? Phil is
>going to have a whole new market open to him on the PC universe and if he
>succeeds in the current campaign he'll make a PILE of money off it. He's not
>about to repeat SEA's mistake and give away the source code to HIS program
>so he can face his own Phil Katz some day.

	It all comes down to the source code, and I think you want it on a
silver platter.  PKware has promised all the tools you need to create PK
compatible programs.  You want the programs yourself.  I would prefer the
challenge of writing my on PK compatible program than simply moving from
one machine to another with modified sources.  Shareware programmers rarely
make a lot of money.  Have you paid either a registration fee?  Since you
were so undecided until looking at the facts, I would hazard not, although
I would not be suprised if you were a registered SEA customer.

>I'm sure he's ALL in favor of this new file archiver. I'm sure he also gets
>a real grin on his face when people say "I'm going to use his new program,
>whatever it does." I'm sure he'll chuckle all the way to the bank as well.

	I do not think anyone is so naive as to think this.  You are
putting words in his mouth in order to support your premise.

>Off with the "Ollie glasses".

	Does this mean you are now Democrat?

>Personally I'd like to see Rahul succeed with his ZOO program. I have no real
>fondness for ARC, and like his ZOO program MUCH better. Of all the players
>in this whole issue I think he's the one who should get public support. The
>man has been responsive to public attention about his program, fixed bugs,

>added features, and has consistantly NOT tried to turn a dime off it. When

	I have just obtained a copy of zoo, and have not used it, so I can
not comment on it or the author's dedication to service.
>I ask anyone who has read this far down into this rather long article, which
>standard would you rather use? The one created by the guy chuckling all the
>way to the bank, or the one created by the guy who takes pride in doing a good
>job in creating a standard and only asks for a little recognition? (And a
>chance to tilt at windmills :) Who can we trust more not to screw us? The guy
>who's livelyhood DEPENDS on the new standard, or the guy who's got a job to
>support him that doesn't depend on his standard's success or failure?

	SEA is the one going to the bank, and they ask for a lot of
recognition.  There is only one standard.  Both companies have enhanced it.
I wish to use the one that works best for me.  I do not feel either party
has tried to screw us, and I think livelyhood depends not on the new
standard, but on the result of the lawsuit.  SEA makes a living from many
software packages.  PKware is not as large.  I do not know of the financial
situations of either of the principles, but I do not think either would go
to the poor house with no opportunities should they not sell any more
archiving programs.

>I mean if someone makes a clone ZOO is Rahul going to run around screaming
>"You're taking food out of the mouths of my wife and children!"???

	Seems to me that is exactly what SEA is saying.

>I think not.

	I do not think SEA should say so either.

>And from a USENET standpoint who should we back? Rahul who is a user of this
>forum, giver of his time as a moderator of comp.binaries.ibm.pc, or some other
>person who's never used USENET? I can sit here and type a message to Rahul
>using USENET and get a response from him, how about Phil? (or SEA for that
>matter) Shouldn't we USENETers be supporting one of our own if given the
>chance?

	You can post a message to the COMP.ORG.FIDONET and send mail to
over 4000 Fidonet BBSs who can provide help, in addition to mailing to the
principles in both companies.  Or you can write a letter.  I hope you still
have a pencil.  I have no problem with PKware and SEA not participating in
USENET.  You want cake, frosting, and now to have it delivered on a silver
platter.

>I hope this article will wake a few more people up to the dangers of this new
>course that Keith is trying to steer us all onto.

	And thank you for aquainting us on your viewpoints.  I just wish
you could have made them without having to tear down Keith and Phil's
character.

>But there is one thing he is right about, we can no longer, thanks to Phil
>Katz, rely on ARC as the industry standard. Phil has forced SEA into a postion
>that they can no longer back down from. A new industry standard will HAVE
>to be selected at this point. Not because SEA is evil, but because Phil Katz
>backed them into a corner and they were FORCED to act as any reasonable person
>would when their livelyhood is threatened.

	Neither are to blame.  Both are to blame.  It takes two to have
a fight.  If common sense would prevail, SEA and PKware could come to an
agreement that would benefit the archive standard rather than create a war
in which two competing archive formats battle it out for the gold.

>
>Thanks a WHOLE LOT Phil. :(
>
>I just hope Keith wakes up before Phil leads him and everyone else into
>creating this SEA mess all over again. Make no mistake, given the choice of
>making a living off his new standard or giving it away, Phil is going to
>choose making a living. And he WILL, defend it at all costs just as SEA has
>done. Mark my words well on that point. Phil is just as human as the folks
>at SEA, and if put into the same position we can expect him to react in
>similar fashion.

	And your article has proven you are human to.  

>---------------------- The Promised Concise Summary --------------------------
>
>Phil backed SEA into a corner, wouldn't understand their position or if he
>did didn't give a damn, and forced them to take their best shot. They did,
>scored what I think will be a mortal blow to Phil (thanks to their lawyer),
>and now Phil is running around going "The bastards shot me! And I didn't do
>anything to them! Help me! Help me!" Only problem is SEA didn't shoot him,
>they nuked him. And the fallout is covering alot of other people. I'm sure
>SEA is just as unhappy as everyone else that the weapon their lawyer gave
>them to use was a tac nuke rather than a Detonics Combat Master with Glaser
>safety slugs.

	I have not heard Phil or PKware make any statement.  Nor have I
heard SEA make a statement.  What I have heard is a lot of people running
around spouting facts favoring both sides.  To many people are second
guessing events, motives, and reasons.  And the fallout from that has done
more damage than the the conflict itself.

>Let's learn from this, and not blindly jump right back into the same mess.
>The real lesson here is not that trademarks and copyrights are evil, but
>rather that people will act rashly when their livelyhood is threatened. Let's
>back a standard where no one has to worry about their families eating if
>their version of the extractor/creator program isn't a financial success.

	No, trademarks are not illegal, but a responsibility comes with
them.  Both sides have acted rashly in my opinion, and neither sides lively
hood nees to be threatened.  You do not wish to back a standard, but a
company.  By definition, a standard can not belong to one company; then it
is a monopoly.

>Just as with guns, the tools themselves aren't evil, it's the people that use
>them. And sometimes they aren't evil, they're just desperate.

	Yes, SEA was desparate to get rid of competition, and PKware is
desparate to stay in business.  This crap about guns and evil is just
emotionalism that confuses the issues.

>I think we need both gun control and lawyer control. Both areas are far too
>wide open. Guns should only be in the hands of people who know full well
>how to use them and what will happen when they do. Lawyers can be JUST as
>destructive to a person's life as a saturday night special in the hands of
>a coked up teenager. As SEA has demonstrated, lawyers are potent weapons
>with far reaching side effects if they are not used properly.
	
>And this is where lawyers everywhere should hang their heads in shame. A gun
>doesn't know any better, lawyers should. (In all fairness there are still
>a FEW lawyers that aren't win-at-all-costs killing machines but there are far
>too many who are)
>
>Scott Turner
>scotty@l5comp -or- uunet!l5comp!scotty

	Scott, what contact have you had with lawyers?  Where do you get
your facts? Do you have any relations to SEA or PKware?  Just how do you
use archiving programs.  As you might guess, I disagree with much of what
you said, but to borrow an old cliche, I would defend your right to say it.
It would help if I knew the context from which you form your opinion.  

	I do not know anyone from SEA or from PKware.  I have been involved
with Fidonet as a user and am currently a cosysop of 1:100/22.  I have had
access to USENET for a year as as Student at Washington University.  I use
archiving to keep a 25+ disk library of public domain files, for backups,
and for compressing my hard disk before backing it up.  My views are my own
opinion, and I have tried not to flame you, scott, nor make any more
controversial statements.  I too am human and ask forgiveness of the net if
I have overstepped the bounds of simply responding with my opinions.

dhesi@bsu-cs.UUCP (Rahul Dhesi) (10/03/88)

In article <6772@dasys1.UUCP> tneff@dasys1.UUCP (Tom Neff) writes:
>Unfortunately,
>Rahul picked this most inopportune of moments to start playing
>political games with the timesharing services and diskette clubs...

Tom, any redistribution restrictions I impose are so reasonable and
flexible that no organization that has formally approached me to obtain
permission to redistribute has ever gone away dissatisfied.
-- 
Rahul Dhesi         UUCP:  <backbones>!{iuvax,pur-ee}!bsu-cs!dhesi

george@rebel.UUCP (George M. Sipe) (10/03/88)

In article <439@l5comp.UUCP> scotty@l5comp.UUCP (Scott Turner) writes:
>(long, well reasoned comments on SEA vs. PK concluding that SEA's position
> should be reconsidered, that PK is at fault, and that we need to back a
> new standard)

>Personally I'd like to see Rahul succeed with his ZOO program. I have no real
>fondness for ARC, and like his ZOO program MUCH better. Of all the players
>in this whole issue I think he's the one who should get public support. The
>man has been responsive to public attention about his program, fixed bugs,
>added features, and has consistantly NOT tried to turn a dime off it. When
>people wanted to force money on him he told 'em to give it to a charity instead

I agree completely.  The ONLY complaint I've heard about ZOO is that
CompuServe can't distribute the very latest version of it as it becomes
available.  That means in practice, they will be about 6 months behind
the rest of the world in making the latest and greatest available.  Big
deal.  This is Rahul's way of encouraging reasonable connect rates
and/or trying to prohibit others from profiting directly from his work
(when he himself doesn't and doesn't want to).  This policy is probably
doing us all a favor.  (Note that old versions of ZOO can correctly process
archives made with newer versions, only processing niceties added by a
later version are lost when using a back rev.)

Compared to SEA, old PK, and new PK - ZOO has clearly (that's
**CLEARLY**) the best terms.  ZOO's terms are in the public interest.
They are in *YOUR* interest.  Check it out yourself, directly.

I've always liked ZOO in theory, but never tried it.  Last week I
brought it up on two Unix systems and on a few PC's.  Works like a
charm.  Well thought out, fast, good compression, many useful
features.  I'll never go back, and personally, have absolutely no
interest what-so-ever in PK's next proprietary, undebugged, unproven
archiver.

-- 
George M. Sipe,		Phone: (404) 662-1533
Tolerant Systems, 6961 Peachtree Industrial, Norcross, GA  30071
UUCP: ...!{decvax,hplabs,linus,rutgers,seismo}!gatech!rebel!george

pjh@mccc.UUCP (Pete Holsberg) (10/03/88)

Well put, Sean!

raf@cup.portal.com (10/04/88)

From: raf@cup.portal.com (Bob Freed)

Just when you thought everything that *can* be said *has* been said...

In article <439@l5comp.UUCP> scotty@l5comp.UUCP (Scott Turner) writes:
>[The author kindly asks that if you wish to flame him in public that you
>at least read the last few paragraphs of this message before doing so.]
[...followed by 304 more lines of mostly nonsensical ranting.]

That flame invitation is a real temptation...
[10,000 groans of dismay from net readers worldwide...]
...but most of this belongs in alt.flame, and I won't add to the noise
in comp.sys.ibm.pc by debating every point.
[...10,000 sighs of relief!]

However, there are a few statements about which I would like to comment.
[Uh, oh...]  I'll try to be brief (relative to the referenced article).
[Whew! :-)]

>...big problem has been one Keith Peterson.

I find this *extremely* objectionable.  Keith has for many years been a
significant contributor to public domain software distribution in general
and to the network community in particular.  He's left little doubt as to
his sympathies in the matter of SEA vs. PKware, but his postings have
always been informative and factual.  You may not agree with Keith, but he
certainly does not deserve to be categorized in this manner for expressing
his views (which are shared by many who are less influential).

>...about the recent 2nd lawsuit filed by SEA:
>...may yet get one Phil Katz thrown in jail.

The second complaint was not a lawsuit, and these are CIVIL not CRIMINAL
actions.  That you believe Phil Katz might face imprisonment reduces your
credibility in legal matters sufficiently to allow us to dispense with at
least the next 15 paragraphs of your article.

>In fact, if I remember correctly, people had to clobber Phil over the
>head to get him to tell the world what the SQUASHED file format was.

This is a fallacy.  The facts have been posted to USENET several times
(most recently by Keith Petersen), but since the PK bashers continue to
propogate this type of misinformation, the facts bear repeating:  Shortly
after the release of PKARC 2.0 (the version that introduced Squashing) in
mid-December 1986 [yes, it was that long ago!], Katz released a document
(SQSHINFO.DOC) describing his "new" compression method.  It was actually
just a very minor variation of the existing Lempel-Ziv-Welch compression
(Crunching) used by ARC, but one which yielded measurable savings in space
and time for large compressable files.  The public information which Katz
provided was sufficient to allow (trivial) modification to existing archive
extractors for support of PKARC-generated files.  I can speak with some
authority on this topic...

>There are no VMS/Unix/Atari ST/Commodore C64/CPM/Amiga PKARC programs
>folks.                                       ^^^

...as I am the author of the predominant .ARC file extraction program,
UNARC, for CP/M systems.  UNARC is coded in Z80 assembly language, and it
took me all of two hours' time to make the necessary modifications to
support Squashing.  Within a few days after the appearance of PKARC 2.0, a
compatible version of UNARC was in the hands of remote access CP/M sysops
across the North American continent.  It has always amazed me that
Squashing became such an issue for the MS-DOS and UNIX communities, when it
was never one for us "lowly" CP/M users.  (Had I had ready access to a *NIX
machine at the time, the net would have also had a Squashing version of ARC
much sooner.  Any competent C programmer could have done as much in an
afternoon or two.)

Incidentally, the name "UNARC" was my own invention.  At the time I
released the first version (May 1986), this term was *not* in common usage
anywhere, and I researched it quite thoroughly.  [The program was to be
called "DEARC" until I discovered a Pascal program of that name by another
author.]  So I was mildly annoyed to see SEA Inc. claiming sole rights to
this terminology.  Certainly, there was no mention of trademark rights by
ARC author Thom Henderson back in 1986, in his reply to a letter from me.
Which leads me to one other myth about SEA...

>Just look at it from SEA's viewpoint for a moment, you've created the industry
>standard and fostered it's growth across a BROAD range of computers.

SEA has never fostered anything but its own growth among MS-DOS computer
users.  More than two years ago, I was bluntly told by Thom Henderson:
"We don't support CP/M" (a direct quote).  From a practical financial
standpoint, I can't blame him one bit, but let's not attribute to SEA any
altruistic inclinations toward the "BROAD range of computer users."

With regard to practicality (entrepreneurship?), it has been argued that
Phil Katz is no different than Thom Henderson.  But I've had conversations
with Phil, and he has shown a genuine concern for the usefulness and
portability of his products in non-DOS environments.  (PKware *does* offer
a shareware archive extractor for AmigaDOS, and a VAX/VMS version was in
the works before SEA's attorney came knocking.)  I sincerely believe
we have a better chance with PKware for a UNIVERSAL, WELL-SUPPORTED, and
TECHNOLOGICALLY-ADVANCED compressing-archiver system.

Bob Freed                            raf@cup.portal.com
Newton Centre, MA                    ...sun!portal!cup.portal.com!raf

"Next thing you know, we'll have to pay license fees for using inverse
 trigonometric functions!"

w8sdz@smoke.ARPA (Keith B. Petersen ) (10/04/88)

In article <47722@rebel.UUCP> george@rebel.UUCP (George M. Sipe) writes:
>.....  (Note that old versions of ZOO can correctly process
>archives made with newer versions, only processing niceties added by a
>later version are lost when using a back rev.)
>.....
>I've always liked ZOO in theory, but never tried it.  Last week I
>brought it up on two Unix systems and on a few PC's.  Works like a
>charm.  Well thought out, fast, good compression, many useful
>features.

I also brought up ZOO on Unix 4.3 BSD.  Yesterday I attempted to extract
some files from a ZOO file made on MSDOS and ended up with only half of
the files extracted.  During the extraction there were no warning
messages.  I decided to have ZOO test the archive and it said I needed a
newer version in order to fully manipulate the files in this ZOO.  I
finally had to download the files to my PC and use ZOO201 to extract the
files.  There were no subdirectories in the extracted filenames, I
double-checked that by doing ZOO e// and ZOO l// on the archive (I speak
of archive in the generic term here since that's what ZOO's author says
in reference to the files it creates).

-- 
--Keith Petersen
Maintainer of the CP/M and MSDOS archives at SIMTEL20.ARMY.MIL [26.0.0.74]
Arpa: W8SDZ@SIMTEL20.ARMY.MIL
Uucp: {ames,decwrl,harvard,rutgers,ucbvax,uunet}!simtel20.army.mil!w8sdz

tneff@dasys1.UUCP (Tom Neff) (10/04/88)

In article <4177@bsu-cs.UUCP> dhesi@bsu-cs.UUCP (Rahul Dhesi) writes:
>In article <6772@dasys1.UUCP> tneff@dasys1.UUCP (Tom Neff) writes:
>>Unfortunately, Rahul picked this most inopportune of moments to start 
>>playing political games with the timesharing services and diskette clubs...
>Tom, any redistribution restrictions I impose are so reasonable and
>flexible that no organization that has formally approached me to obtain
>permission to redistribute has ever gone away dissatisfied.

If everyone who wants to distribute ZOO gets to do so anyway, why
bother to impose the restrictions in the first place.  I wish Rahul
understood the bad P.R. those complex restrictive clauses represent.
Perhaps he ought to say all these nice words about reasonableness loud
and clear in the README file for ZOO, rather than saving the good stuff
for the tiny slice of users who read comp.sys.ibm.pc.

-- 
Tom Neff			UUCP: ...!cmcl2!phri!dasys1!tneff
	"None of your toys	CIS: 76556,2536	       MCI: TNEFF
	 will function..."	GEnie: TOMNEFF	       BIX: t.neff (no kidding)

cy@killer.DALLAS.TX.US (Cyrus Foughty) (10/04/88)

in article <439@l5comp.UUCP>, scotty@l5comp.UUCP (Scott Turner) says:
> 
> [The author kindly asks that if you wish to flame him in public that you
> at least read the last few paragraphs of this message before doing so.]
> 
	I am in total agreement with you Scott!! I like so many others
	fell for the whole thing hook, line, and sinker! I am so glad
	that there are thinking men around like you. Personally, I would
	like to see ONLY PUBLIC DOMAIN software running across the Net.
	I mean NO COPYRIGHT or TRADEMARKS in the software or even associated
	with a program!! That would indeed flex the muscle of the Net and
	cause major repercussions to ALL shareware authors. I for one have
	thought about distributing some of my software through the Shareware
	Marketing System. The only difference between a lot, NOT ALL, of 
	shareware authors and say, Microsoft, is that the shareware companies
	aren't as big YET. There are dreams of opening the mail and having
	thousands of dollars sent to you! Take for instance the people who
	brought you PC-Outline. They started out with a good idea to help
	people and made a little cash to boot. Now they have several people
	working for them and I was told are going head-to-head with Lotus
	Metro. Fine, but they are going to charge a couple hundred bucks
	for it. The people at PC-Outline said," We've gotta charge that much
	or the corporations will think It is crap and not buy it!". Once again
	someone out for the corporate buck! Which BTW, pays for a lot of this
	network! I see UseNet as the last bastion of true sharing and caring
	between people! I have met very few people who are actually on the 
	net, but I feel like I know them so well!! Hi, Henry Spencer! UseNet
	has become so much a part of my life!! If I've had car problems which
	I couldn't figure out, I just post to the Net and get an answer. Well,
	not just one answer but several, and I always get the help I need. The
	techinal help here on this net FAR surpasses any reference library or
	thinktank anywhere in the world! We have what so many people in the 
	world wish they had in their life. If we need to impose some rules
	on ourselves to preserve the Net then, so be it! I cast ONE vote for
	the idea of only allowing TRUE public domain software on the Net.

	Thank you Scott for sharing TRUE insight!!!!!!!!!!!!!!

> Scott Turner
> scotty@l5comp -or- uunet!l5comp!scotty
-- 
cy
{ames,decwrl}!killer!cy
MaBell: 408.255.5990 
IRS Motto: Reach out and touch someone!                         

davidsen@steinmetz.ge.com (William E. Davidsen Jr) (10/05/88)

In article <9685@cup.portal.com> raf@cup.portal.com writes:
| 
| >...big problem has been one Keith Peterson.
| 
| I find this *extremely* objectionable.  Keith has for many years been a
| significant contributor to public domain software distribution in general
| and to the network community in particular.  He's left little doubt as to

Amen! Even thought I totally disagree with Keith on SEA, he is a
responsible person who has performed many services in the past.

| 
| >...about the recent 2nd lawsuit filed by SEA:
| >...may yet get one Phil Katz thrown in jail.
| 
| The second complaint was not a lawsuit, and these are CIVIL not CRIMINAL
| actions.  That you believe Phil Katz might face imprisonment reduces your
| credibility in legal matters sufficiently to allow us to dispense with at
| least the next 15 paragraphs of your article.

That's a bit harsh. The second action is not really a lawsuit, it's a
complaint that terms of the settlement of the lawsuit are not being
followed. PK could really go to jail for contempt of court.

| SEA has never fostered anything but its own growth among MS-DOS computer
| users.  More than two years ago, I was bluntly told by Thom Henderson:
| "We don't support CP/M" (a direct quote).  From a practical financial
| standpoint, I can't blame him one bit, but let's not attribute to SEA any
| altruistic inclinations toward the "BROAD range of computer users."

I don't totally agree with that one, since ARC is free for personal use
and non-optional shareware for commercial use. PK want money from
everyone. I don't says that's wrong, just that SEA has shown the
inclination to let users have free use of the program, and has released
the source for use on non MS-DOS systems. I don't believe that PK has
released source code.

| With regard to practicality (entrepreneurship?), it has been argued that
| Phil Katz is no different than Thom Henderson.  But I've had conversations
| with Phil, and he has shown a genuine concern for the usefulness and
| portability of his products in non-DOS environments.  (PKware *does* offer
| a shareware archive extractor for AmigaDOS, and a VAX/VMS version was in
| the works before SEA's attorney came knocking.)  I sincerely believe
| we have a better chance with PKware for a UNIVERSAL, WELL-SUPPORTED, and
| TECHNOLOGICALLY-ADVANCED compressing-archiver system.

It's called zoo, and if it didn't have those restrictions I think the
whole issue of another archiver would be settled by now.
-- 
	bill davidsen		(wedu@ge-crd.arpa)
  {uunet | philabs}!steinmetz!crdos1!davidsen
"Stupidity, like virtue, is its own reward" -me

alexande@drivax.UUCP (Mark Alexander) (10/07/88)

In article <47722@rebel.UUCP> george@rebel.UUCP (George M. Sipe) writes:
>[ZOO is] well thought out, fast, good compression, many useful
>features.

ZOO is also very easy to port to new systems.  The system-specific
stuff is well isolated in a couple of files.  Machine differences like
byte order and integer size are all handled properly.  This is very
important if you have to move data between many different operating
systems and processors.
-- 
Mark Alexander	(UUCP: amdahl!drivax!alexande)
"Bob-ism: the Faith that changes to meet YOUR needs." --Bob (as heard on PHC)