[comp.misc] Legal status of ARC

Matthew_Eric_Seitz@cup.portal.com (09/18/89)

	I seem to remember reading an article a couple of months back by
John Dvorak stating that Software Enhancements Associates (SEA) had won its
lawsuit against Phil Katz's PKWARE Corp. for violating its copyright on
ARC by publishing PKARC.  As I understood it, the judge ruled that it was
illegal for a company to produce a program which produced files using the ARC
compression algorithm or that had a .ARC extension.  Nothing was mentioned
about the legality of programs that uncompress SEA ARC files.

	Could anyone provide me with further details of the case and the
final ruling?  What are the implications for other "clone" programs that
create data files compatible with other programs?

					Matthew Seitz
					Matthew_Eric_Seitz@cup.portal.com

scjones@sdrc.UUCP (Larry Jones) (09/20/89)

In article <22255@cup.portal.com>, Matthew_Eric_Seitz@cup.portal.com writes:
> 
> 	I seem to remember reading an article a couple of months back by
> John Dvorak stating that Software Enhancements Associates (SEA) had won its
> lawsuit against Phil Katz's PKWARE Corp. for violating its copyright on
> ARC by publishing PKARC.  As I understood it, the judge ruled that it was
> illegal for a company to produce a program which produced files using the ARC
> compression algorithm or that had a .ARC extension.  Nothing was mentioned
> about the legality of programs that uncompress SEA ARC files.
> 
> 	Could anyone provide me with further details of the case and the
> final ruling?  What are the implications for other "clone" programs that
> create data files compatible with other programs?

There was no final ruling, SEA and PKWARE agreed to a settlement
(the net result of which was that SEA got everything they wanted
and PKWARE got nothing).  SEA does claim exclusive rights to both
the ARC file format and extension, but they issued a blanket
license to anyone except Phil Katz and PKWARE to use them at no
charge.

As I understand it, the reason that PKWARE gave in is that SEA
subpoenaed the PKARC source code and careful examination of the
parts that had not been rewritten in assember showed them to be
identical to ARC, including the SEA copyright statements!  Thus,
I would not interpret the settlement to be any sort of blanket
endorsement of SEA's claims.  I would say that the only
implications for other clone programs is to make sure they really
are clones and not just copies, and be prepared for a lawsuit.

DISCLAIMER: I'm not a lawyer.  I think trying to claim exclusive
rights to file formats and extensions is just plain silly.
----
Larry Jones                         UUCP: uunet!sdrc!scjones
SDRC                                      scjones@SDRC.UU.NET
2000 Eastman Dr.                    BIX:  ltl
Milford, OH  45150-2789             AT&T: (513) 576-2070
"I have plenty of good sense.  I just choose to ignore it."
-Calvin

katz@csd4.csd.uwm.edu (Phillip W Katz) (09/24/89)

In article <816@sdrc.UUCP> scjones@sdrc.UUCP (Larry Jones) writes:
>In article <22255@cup.portal.com>, Matthew_Eric_Seitz@cup.portal.com writes:
>> 
>>  I seem to remember reading an article a couple of months back by
>>John Dvorak stating that Software Enhancements Associates (SEA) had won its
>>lawsuit against Phil Katz's PKWARE Corp. for violating its copyright on
>>ARC by publishing PKARC.  As I understood it, the judge ruled that it was
>>illegal for a company to produce a program which produced files using the ARC
>>compression algorithm or that had a .ARC extension.  Nothing was mentioned
>>about the legality of programs that uncompress SEA ARC files.
>> 
>>  Could anyone provide me with further details of the case and the
>>final ruling?  What are the implications for other "clone" programs that
>>create data files compatible with other programs?
>
>There was no final ruling, SEA and PKWARE agreed to a settlement
>(the net result of which was that SEA got everything they wanted
>and PKWARE got nothing).  SEA does claim exclusive rights to both
>the ARC file format and extension, but they issued a blanket
>license to anyone except Phil Katz and PKWARE to use them at no
>charge.
>
>As I understand it, the reason that PKWARE gave in is that SEA
>subpoenaed the PKARC source code and careful examination of the
>parts that had not been rewritten in assember showed them to be
>identical to ARC, including the SEA copyright statements!  Thus,
>I would not interpret the settlement to be any sort of blanket
>endorsement of SEA's claims.  I would say that the only
>implications for other clone programs is to make sure they really
>are clones and not just copies, and be prepared for a lawsuit.
>
>DISCLAIMER: I'm not a lawyer.  I think trying to claim exclusive
>rights to file formats and extensions is just plain silly.

Well, this was definitely NOT the case!!  You are correct in
saying that there was no judgement, as an out of court
settlement was mutually agreed to by both parties.  However,
your last statement is completely false.  SEA did hire an
"expert" to testify on their behalf, but their "expert" did not
give any testimony of any sort until AFTER the settlement was
reached.

After the settlement SEA filed a contempt motion against
PKWARE, claiming that even though we changed the names of the
programs from PKARC and PKXARC to PKPAK and PKUNPAK, the fact
that they read ".ARC" files and had the string ".ARC" embedded
in the programs still violated their alleged trademark.  In
this contempt motion, their "expert" did state that in his
opinion he thought that the PKARC/PKXARC code was derived from
SEA's code, but provided no evidence to this affect.

However, the Judge found PKWARE's testimony credible, and ruled
in favor of PKWARE, and in fact awarded PKWARE damages from SEA
as a result of their contempt motion.

While I hate to dig up dead issues yet again, it is important to
get the story straight here.

Phil Katz
PKWARE, Inc.
Voice: 414-352-3670
FAX: 414-352-3815
PKWARE BBS: 414-352-7176
US MAIL: 7545 N. Port Washington Rd., Glendale, WI 53217