W8SDZ@SIMTEL20.ARPA (Keith Petersen) (08/05/88)
[The following is an official release]
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.
jeff@cullsj.UUCP (Jeffrey C. Fried) (08/06/88)
Since the source for COMPRESS and HUFFMAN encoding is available in the public domain, perhaps those of us who are interested should consider coming up with a public domain standard for archiving based on these sources. I'm sure that with some effort we can, as a group, arrive at a satisfying solution. ------------------------------------------------------------------- Jeff Fried UUCP: ...!ames!cullsj!jeff San Jose, CA, 95134 (clearly work) San Mateo, CA (home) (408) 434-6636 (415) 349-3744 Because a liar tells the truth, does not mean that the truth is a lie. Disclaimer: Opinions expressed are solely those of the author.
ralf@b.gp.cs.cmu.edu (Ralf Brown) (08/06/88)
In article <385@cullsj.UUCP> jeff@cullsj.UUCP (Jeffrey C. Fried) writes: } } Since the source for COMPRESS and HUFFMAN encoding is available in the }public domain, perhaps those of us who are interested should consider coming }up with a public domain standard for archiving based on these sources. Why reinvent the wheel? Rahul Dhesi's ZOO is public domain, and sources are available for Unix/MSDOS/Amiga/VMS and probably others. It uses 13-bit LZW (same as PKARC's "squashing") and its speed is much closer to PKARC than SEA ARC. Another possibility is DWC, which uses a lot more memory, but apparently does 14-bit LZW, and whose speed is even closer to PKARC (almost a tie). -- {harvard,uunet,ucbvax}!b.gp.cs.cmu.edu!ralf -=-=- AT&T: (412)268-3053 (school) ARPA: RALF@B.GP.CS.CMU.EDU |"Tolerance means excusing the mistakes others make. FIDO: Ralf Brown at 129/31 | Tact means not noticing them." --Arthur Schnitzler BITnet: RALF%B.GP.CS.CMU.EDU@CMUCCVMA -=-=- DISCLAIMER? I claimed something?
george@rebel.UUCP (George M. Sipe) (08/07/88)
In article <385@cullsj.UUCP> jeff@cullsj.UUCP (Jeffrey C. Fried) writes: > Since the source for COMPRESS and HUFFMAN encoding is available in the >public domain, perhaps those of us who are interested should consider coming >up with a public domain standard for archiving based on these sources. >I'm sure that with some effort we can, as a group, arrive at a satisfying >solution. I agree with the sentiment. Doesn't zoo already do everything arc does, have widely available source, a *nix compatible design, and very reasonable copyright terms (they seem to actually protect the users from non-compatible formats)? Zoo's copyright terms appear below: COPYRIGHT Certain rules apply to the distribution of the Zoo archiver. The following rules apply only to the zoo archiver itself. Currently, all extract-only programs, and all supporting utili- ties, are fully in the public domain and are expected to remain so for the forseeable future. "This program" refers to version 1.50 and separately to each sub- sequent version of the Zoo archiver and to all derivative works thereof. "Distribution right" refers to any copyright, compila- tion copyright, license, or other right to control distribution or copying. "Compiled code" refers to software that can be executed by a computer system. This program is copyrighted but its distribution for noncommercial purposes is permitted, with the following restrictions. - You are prohibited from distributing this program as part of any package over which you claim a distribution right. This restriction does not apply if any distribution right is claimed only over individual items that you own or for which the distribution right has been explicitly assigned to you, and not over the package as a collection. - You are prohibited from making this program available for downloading via telecommunications if you charge a total of more than $7.00 per hour at 1200 bps. - You are prohibited from distributing this program as compiled code unless you also distribute the source code from which the compiled code was derived. This restriction does not apply if the compiled code was created by me. - You are prohibited from creating, from this program, any derivative work over which you claim a distribution right. The above restrictions may be relaxed by special agreement; please contact me for details. -- Rahul Dhesi 1987/07/12 UUCP: iuvax!bsu-cs!dhesi or pur-ee!bsu-cs!dhesi GEnie: DHESI Plink: OLS806 Phone: +1 317 285 8641 daytime EST US mail: 720 W. Centennial Ave #15, Muncie, Indiana 47303 -- George M. Sipe, Phone: (404) 662-1533 Tolerant Systems, 6961 Peachtree Industrial, Norcross, GA 30071 UUCP: ...!{decvax,hplabs,linus,rutgers,seismo}!gatech!rebel!george
evas@euraiv1.UUCP (Eelco van Asperen) (08/07/88)
in article <KPETERSEN.12419918722.BABYL@SIMTEL20.ARPA>, W8SDZ@SIMTEL20.ARPA (Keith Petersen) says: > 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. Paying a one-time fee and royalties, dropping ARC-compatibility as from 89.01.01 and licensing your source code to the competition at least to me sounds like giving in and admitting one's guilt. Let's start using ZOO; better, more portable, complete source code available, fast enough, no royalties, and the author is on the net. -- Eelco van Asperen. uucp: evas@eurtrx / mcvax!eurtrx!evas #include <inews/filler.h> earn/bitnet: asperen@hroeur5 #include <stdjunk.h> "We'ld like to know a little bit about you for our files" - Mrs.Robinson, Simon & Garfunkel
davidsen@steinmetz.ge.com (William E. Davidsen Jr) (08/09/88)
In article <385@cullsj.UUCP> jeff@cullsj.UUCP (Jeffrey C. Fried) writes: | | Since the source for COMPRESS and HUFFMAN encoding is available in the | public domain, perhaps those of us who are interested should consider coming | up with a public domain standard for archiving based on these sources. | I'm sure that with some effort we can, as a group, arrive at a satisfying | solution. How about... zoo! I have been hearing for some months that there was a new version "almost ready," but I know it won't go out the door this time until it's believed to be totally bug and surprize free. I strongly suggest that the binary be posted as uuencoded, and the source be posted as a zoo file ;-> Alternatively it could be posted to sources.misc, since it applies to Amiga, etc. -- bill davidsen (wedu@ge-crd.arpa) {uunet | philabs | seismo}!steinmetz!crdos1!davidsen "Stupidity, like virtue, is its own reward" -me
tmanos@aocgl.UUCP (Theodore W. Manos) (08/14/88)
I wonder if the judge also awarded Phil Katz a jar of Vaseline (tm)? As for
us, the software/shareware users, we'll all need CASES of the stuff to help
cope with the long-term results of this case. (What a triumvirate to rule the
future development, or should I say LACK of development, of software - Lotus,
Apple, and S.E.A. :-( :-( :-(
Ted Manos tmanos@aocgl.{COM,UUCP,UU.NET} or ...!{uunet,mcdchg}!aocgl!tmanosbrad@looking.UUCP (Brad Templeton) (08/16/88)
I think it's pretty clear now, the JUDGE DID NOT AWARD ANYTHING. The case was settled through the agreement of the two parties, and the settlement was simply made binding by the court. As far as I can tell, the judge made no decision on the merits of the case. That would have taken years, at least. The two parties are similar in size, but P.K. obviously decided that agreement with most of SEA's demands was a better idea than fighting it out. (This is often a good idea even if you're right, which is a sad comment on the justice system.) So there will never be a judgement about who was right and who was wrong, although we can all form our own opinions. -- Brad Templeton, Looking Glass Software Ltd. -- Waterloo, Ontario 519/884-7473
pjh@mccc.UUCP (Pete Holsberg) (08/18/88)
Good points, Brad. In litigation, either of the parties can drag the case out until they virtually bankrupt the other. PK may have felt that he had more to lose by winning the court case than by agreeing to an out-of-court settlement!