raylau@dasys1.UUCP (Raymond Lau) (08/10/88)
In the early days, I have received much criticism for implementing a
new archive format in StuffIt. A lot of people encouraged
(constructively and vituperatively) me to go for Arc compatibility
and put a MacBinary II header at the beginning of each Arc entry.
I saw the advantages to such a scheme. And I saw the disadvantages.
Resisting such criticism, I went ahead and did my own. Subsequently,
ArcMac has arrived, implementing an Arc format on the Mac. So I more
or less abandoned any efforts to go for even one way compatibility.
Recently, a development has occurred which reaffirms the prudence in
choosing my own format. Press release follows...
--------------------------------------------------------------------
FOR RELEASE ON AUGUST 1, 1988
From: System Enhancement Associates, Inc. (SEA)
and
PKWARE, Inc. and Phillip W. Katz (PK)
August 1, 1988 - Milwaukee, WI
In the first known "Shareware" litigation, pending in
the local United States District Court, the parties System En-
hancement Associates, Inc. (Plaintiff - SEA) and PKWARE, Inc.
/ Phillip W. Katz (Defendants - PK), after reaching agreement,
consented to the entry of the attached Judgment for Plaintiff
on Consent. That Judgment was entered by Judge Myron L.
Gordon, effective on August 1, 1988.
Part of the agreement reached by the parties included
a Confidential Cross-License Agreement under which SEA licensed
PK for all the ARC compatible programs published by PK during
the period beginning with the first release of PKXARC in late
1985 through July 31, 1988 in return for the payment of an
agreed upon sum which was not disclosed. Additionally, PK was
licensed, for an agreed upon royalty payment, to distribute its
existing versions of PK's ARC compatible programs until January
31, 1989, after which PK is not licensed and agreed not to pub-
lish or distribute any ARC compatible programs or utilities that
process ARC compatible files. In exchange, PK licensed SEA to
use its source code for PK's ARC compatible programs.
PK agreed to cease any use of SEA's trademark "ARC"
and to change the names or marks used with PK's programs to
non-confusing designations.
The Judgment provided for the standard copyright,
trademark and unfair competition injunctive relief for SEA a-
gainst PK, as well as damages and litigation expenses to be paid
by PK to SEA.
Both parties agreed to refrain from any comment
concerning the settlement of the disputes, other than the text
of this press release. Also, the parties instructed all of their
representatives to refrain from any such activity.
Any other details of the Cross-License Agreement
were agreed to be maintained in confidence and under seal of
the Court.
In reaching the agreement to dispose of the pending
litigation and to settle the disputes that are covered thereby,
PK did not admit any fault or wrongdoing.
----------------------------------------------------------------
Should SEA decide to enter the Mac market, or protect it, I see
that my position will not be jeapordized. And for that, I am
glad.
This is not meant to dig up old issues or to be vindictive. And
this is not meant to be construed as a criticism of ArcMac,
MacArc or any other Arc compatible Mac program. This is meant
to silence some of the, I suspect, still lingering criticisms.
Most of my critics are here on Usenet - or are on Fidonet. If
someone can copy this to Fidonet... most appreciated!
You can't satisfy all the people all the time, but I hope I have
satisfied a significant majority.
Public comment is welcome, but as I do not check the public
messages, please email a copy. If a reply is made, I will copy
it publicly.
Now, back to getting 1.5 "out the door". (Limited release 8/10 -
General public release 8/14) For those of you who have 1.5d1,
that is not a legitimate release and is incomplete. Please
avoid using it.
-Ray