Hello Elpidio,

you wrote:

EL> Hello all,

>> My personal note: this seems a bit unlucky, because the impression is
>> that there is a trademark ownership.

EL> A trademark for the "implementation". It is not the trademark for the Care2x 
EL> program.

EL> But the question is, is mycare2x unfair
EL> to care2x?  Is it causing confusion to care2x application? Or the most 
EL> important question: is mycare2x destroying care2x?  Currently the answer to 
EL> all of the above is NO.

I said it's my impression. Not more. I havn't said anything against
mycare2x.

http://typo3.org/about/gpl-license/faq/

The most (say more than 90 %) you have done for care2x. Independant
from GPL i respect it as your software. It's your decison how to
handle it.
The last news about the GPL violations
( http://www.netfilter.org/news/2004-04-15-sitecom-gpl.html )
say only that we have to keep attention.


EL> Personally, I do not see any reason to contest the mycare2x trademark for now.  

My confuse was only, that there mycare2x was used as trademark. But
there is no trademark mycare2x and no application for a trademark in
the databases.

EL> Just imagine what would have happened if they have just taken the
EL> code, rebranded it and claimed it to be an official fork of care2x and 
EL> announced that they will not cooperate with care2x because it sucks? It would 
EL> have been fully legal, since forking is allowed and guaranteed under GPL.

I think rebranding and fork have to be sorted out. I think as i accept
you as the 90% developer it is your choice to keep attention about
rebranding. If you allow it. OK. But keep attention what can happen in
future.
The same discussion was at at Typo3 FAQ:

Q: I can fork TYPO3 and give it another name!

A: "Forking" means independently developing a GPL product (like TYPO3) into a new 
direction.
The end results are two different products, who share a common ancestor.
Forking is allowed as a consequence of GPL.

However just patching in a few changes or changing the name of a product hardly earns
recognition as a fork! That's clearly rebranding. A fork takes off on it's own road
and gets developed - it's doesn't just parasite on the main strand.

No-one to our knowledge has made a TYPO3 fork yet.
When it comes we are pretty sure that it's obvious
to everyone what to do with the name. Let's discuss it then. 

>>  There is a decission from Elpidio that i am nearly forbidden to speak
>>  at Linuxday or other official Conferences about care2x i applied to
>>  him an open discussion here in the list.
>>
>>  There is the wish that someone of the commercial and university team
>>  is doing the representations. I applied a long time ago for it at
>>  Linuxday. And it was accepted under more than 200 applications.
>>
>>  I offered to do the presentation together with someone of them. But
>>  no reaction at the moment.
>>
>>  I think its the time to discuss it here now. Speak open words.

EL> You are a very clever and highly talented person and this is another proof of 
EL> that talent to make someone  do or say things that he would rather not do or 
EL> say.

EL> After my requests, later on pleas and much later in a form of directive asking 
EL> you to drop the presentation and instead give the slot to a university 
EL> professor, you decided to go ahead.

I decided nothing. I said my presentation was accepted not for care2x
allone. The topic is (free translation): "A journey through Open Source
healthcare projects." So not only Care2x is in this topic. The
question is only to give a weight or not.

I offered to you if there are such act of
fighting against my person to do the representation there at Linuxtag
to let a neutral person do the presentation. In fact it is only 1
hour. But for some things like building up a content and research
translation group for the PLOS collaboration i need 15 minutes. So I
offered to do this together. But no response. If there is this weekend
some presentation available i am open to it. I also accepted the
university professor for the representation. But no answer.

For Linuxday i put a lot of work in the representation. And the act of
fighting seems to me that i am a supporter of the non commercial way
in this project. I support a kind of care2x organisation. But i am a
fighter if it is a closed club of commercial companies.



EL> This made it obvious that you are bound 
EL> to do everything as you wish and less interested in following an occasional 
EL> central directive.

Open Source have to be free to everyone. I am a fighter against a
muzzle that tries to suppress free speech.

EL> We could not do anything more and your counterproposal to 
EL> share the slot was not accepted.

To share the slot 3/4 of the time for the Professor and 1/4 of the
time was not acceppted. What means "We?" Some underground? :-)

If the companies like to speak at Linuxtag for business there is a
offer to pay a fee and to speak there. Why they don't apply for it?

EL> Since you obviously want to do it your way,  
EL> I consider the matter closed and have nothing more to say on this but to wish 
EL> you all the luck.

###########################################
#Thanks. At my point no decition is made. #
#I am free and open for fair compromise   #
###########################################

EL> Let us all hope that those things that happened in the 
EL> previous Linuxtag

At Chemnitz Linuxday i was ill. So i was not there. I have a attest (exemption from 
work
due to a sickness). Interesting is that some of the students like the
jabber server and still doing their conferences there.

EL> and GMDS conference will not happen again.

OK that was a fail. There was a topic requested. And I thought there a
programmers. But the most are hospital directors.

EL> To avoid misinterpretation, I plea on you to not forget that you:

EL> - were never fobidden to host the care2x.de

I requested in front. You have full access others too. It is a mirror.

EL> - were never forbidden to manage your own care2x-plug-ins project (the low 
EL> response is surely very sad, but then there is no guarantee to success)

It was long time discussed with you. We both are the same meaning as
you build up the hxp last year that it needs first an internal
structure. This needs a long time. I try here a fully new concept, to
satisfy developers needs.

EL> - were never forbidden to rally your own care2x local group (and present 
EL> yourself as the manager)
I can't follow you at this point. Such a group doesn't exists.
If you mean the "plugins" It is based on typo3 and others have full
access. They are interested.

EL> - were never forbidden to submit care2x.de to many other indexing projects 
EL> (often omitting the other care2x domains)

As long care2x.de was only a mirror like the other care2x domains
there was no difference. Last week i posted to the webmasters to
change the links. Some have done. Also i stopped links eg from the
eConntent departement of the European Union. The linked some month
before to care2x.de as a eContent health portal, what is wrong in
fact. You where informed.

EL> - were never forbidden to post your complains on this mailing list
I posted not all :-)
EL> - were never forbidden to start all sorts of subprojects (which I lost count 
EL> of).
Oh not so much. Three fingers you need. 1. Care2x-CD (stopped temporaly
because of demotivation). 2. OTRS is running, 3. Care2x-Plugins - Give
developers of external applicationsand other languages the chance to
integrate their application and to be independent. Maybe we can start
there some medical content and interaction.

EL> Let us close this matter.

Why to try in a psycho way to stop the discussion
A very smart way for free speech :-)

-- 
Mit freundlichen Gr�ssen
Wilfried Goedert
mailto:[EMAIL PROTECTED]



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