grljt@hawk.ulowell.edu (Jeff Turmelle) (12/06/90)
The distribution of KHOROS is the subject of a lawsuit pending in Federal District Court between the University of New Mexico and Paragon Imaging. That lawsuit involves whether UNM's distribution of KHOROS violates contractual and other rights of Paragon Imaging. We at Paragon Imaging are extremely concerned about possible violation of our rights from dissemination of KHOROS. You should further be aware that the contract between UNM and Paragon Imaging permits Paragon to institute legal action against third parties for wrongful use of code to which Paragon has an exclusive license. We hope that some or all of the above issues can be clarified and resolved in the relatively near future, but given the present state of events we thought it was only fair that you be placed on fair notice as to the possible legal implications of your use of KHOROS. For further information, please feel free to contact Paragon Imaging at Paragon Imaging Inc. 171 Lincoln St. Lowell, MA 01854 (508) 441-2112. OR by email :: john@paragon.com
don@zardoz.coral.COM (Don Dewar) (12/08/90)
) Return-Path: <uunet!expo.lcs.mit.edu!xpert-mailer> ) Date: 6 Dec 90 15:07:51 GMT ) From: uunet!bloom-beacon.mit.edu!bu.edu!m2c!ulowell!hawk!grljt (Jeff Turmelle) ) Organization: Paragon Imaging, Inc. ) Subject: TO ANYONE REQUESTING KHOROS FROM UNM ) Sender: uunet!expo.lcs.mit.edu!xpert-request ) To: xpert@expo.lcs.mit.edu ) ) ) ) The distribution of KHOROS is the subject of a lawsuit pending in Federal ) District Court between the University of New Mexico and Paragon Imaging. ) That lawsuit involves whether UNM's distribution of KHOROS violates ) contractual and other rights of Paragon Imaging. We at Paragon Imaging are ) extremely concerned about possible violation of our rights from dissemination ) of KHOROS. You should further be aware that the contract between UNM and ) Paragon Imaging permits Paragon to institute legal action against third ) parties for wrongful use of code to which Paragon has an exclusive license. ) ) We hope that some or all of the above issues can be clarified and resolved in ) the relatively near future, but given the present state of events we thought ) it was only fair that you be placed on fair notice as to the possible legal ) implications of your use of KHOROS. ) ) For further information, please feel free to contact Paragon Imaging at ) ) Paragon Imaging Inc. ) 171 Lincoln St. ) Lowell, MA 01854 ) ) (508) 441-2112. ) ) OR by email :: john@paragon.com ) ) I wish that both Universities and Private Industry would be more careful with the "relationships" they form together. It seems to me that a University, whether private or state run (but especially state run) has an obligation to add to man's storehouse of knowledge. The work done at Universties, whether privately funded or not, should be freely distributable by that institution and anyone else that wants to distribute it. That is not to say that any company funding University research should not be able to sell it, if they want. The results of the MIT's work with X is the ideally what should happen (and I don't really care how it turned out that way). Most University projects that I am most aware of result in knowledge and techniques that are a little rough, often just serving as proof of concept. Then private industry hones it and makes it commercially viable. That does not prevent the University from distributing their work. It should be no different when the work involves software. In addition, if UNM is a state run institution, I challenge anyones right to squelch the distribution of that work. State run institutions are subsidized to a large part by the government (both local and federal) and by the meager tuition they charge their students. Therefore, everyone that pays taxes has financed the worked accomplished at that institution and has a right to see it and use it. I don't know the details of this case and I am no lawyer (thankfully), but I believe in these ideals. If UNM took work that was done at Paragon and is distributing it, I can see the problem. But if Paragon is taking work done entirely at UNM and is keeping them from distributing it, I think Paragon is wrong. Has anyone read anything about this case? I would be interested in an impartial 3rd party description of it, especially from a magazine or newpaper. Thank you for allowing me to vent my views and anger. The proliferation of overzealous lawyers and legal nonsense into the software industry is both disheartening and threatening. +---------+ | Coral | |@@@@@*@**| |@@*@@**@@| Don Dewar |*@@**@@@@| Coral Network Corporation, Marlborough, MA |@***@@@@@| Internet: don@coral.com |@@**@@@@@| Phone: (508) 460-6010 |*********| Fax: (508) 481-6258 |Networks | +---------+
barad@bourbon.ee.tulane.edu (Herb Barad) (12/08/90)
In article <9012071633.AA26214@zardoz.coral.com> don@zardoz.coral.COM (Don Dewar) writes: > >Most University projects that I am most aware of result in knowledge >and techniques that are a little rough, often just serving as proof of >concept. Then private industry hones it and makes it commercially >viable. That does not prevent the University from distributing their >work. It should be no different when the work involves software. > >In addition, if UNM is a state run institution, I challenge anyones >right to squelch the distribution of that work. State run >institutions are subsidized to a large part by the government (both >local and federal) and by the meager tuition they charge their >students. Therefore, everyone that pays taxes has financed the worked >accomplished at that institution and has a right to see it and use it. I don't know anything about this particular case, but I agree with you completely. I think (although I'm not 100% sure) that the Paragon product was based on work by UNM. I have the package by Paragon and I've just downloaded Khoros and I think Khoros is several times better: in performance, quality, functionality, documentation, and especially the price! I've archived our Paragon software and I feel we're going to be using Khoros. Our Paragon s/w cost us about $1000 (university pricing), but Paragon will NOT give university discount on its upgrade. We can't afford the high price of the upgrade... soooooo............. Thanks Univ. of New Mexico! I will be watching the status of the suit. It will be important to see what happens. Herb Barad [Signal & Image Processing Laboratory] [Electrical Engineering Dept. - Tulane Univ.] INTERNET: barad@bourbon.ee.tulane.edu
mouse@LARRY.MCRCIM.MCGILL.EDU (12/10/90)
> Subject: TO ANYONE REQUESTING KHOROS FROM UNM No need to YELL at us. > You should further be aware that the contract between UNM and Paragon > Imaging permits Paragon to institute legal action against third > parties for wrongful use of code to which Paragon has an exclusive > license. The legal system allows you to institude legal action against very nearly anyone for very nearly any purpose. Whether you can win, and what you can get if you win, may be affected by your contract with UNM and possibly by your net posting, if you can show that the defendant was aware of its content and could be sure that it was from you. Since contract clauses that attempt to restrict or abolish one party's right to sue the other are routinely struck down, never mind those that attempt to restrict one party's right to sue third parties, your statement can hardly be taken as merely remarking that your contract with UNM doesn't keep you from suing third parties. And, a contract between UNM and Paragon cannot bind third parties. So just what do you think you're trying to pull here?! I can't think of anything but blatant intimidation by implied threat of lawsuit. (If I'm wrong, prove it, for example by explaining just what you *do* think the statement I quoted above is supposed to accomplish.) All of which is leaving aside the ethics of the suit against UNM. I don't know enough about the situation to comment with any surety on that. (I have my guesses, but that's all they are, so I'll keep my mouth shut.) der Mouse old: mcgill-vision!mouse new: mouse@larry.mcrcim.mcgill.edu
grunwald@foobar.colorado.edu (Dirk Grunwald) (12/12/90)
From my understanding, Paragon Software licensed and distributed the previous version of Khoros developed at UNM. They feel that they have rights to the newer version, although UNM does not agree. According to a local inquiry, UNM feels that they claim is baseless and without warrent, and you can effectively ignore their threat (at your own risk, mind you). Dirk Grunwald -- Univ. of Colorado at Boulder (grunwald@foobar.colorado.edu) (grunwald@boulder.colorado.edu)