Or please use this form and file a formal DMCA request with us: http://support.google.com/bin/static.py?hl=en&ts=1114905&page=ts.cs
On Mon, Feb 27, 2012 at 8:42 AM, Jeremy Wall <[email protected]> wrote: > On Mon, Feb 27, 2012 at 10:18 AM, Ludovic SCHURR <[email protected]> wrote: >> Dear Madam & Sir, >> >> >> I am contacting you on behalf of Linagora company, in reference to the >> hosting by Google of the Google Code project designated "o-push", accessible >> at http://code.google.com/p/o-push/. >> >> Linagora (http://linagora.com/) is a Open Source Software Publisher and has >> been a very strong proponent of Open Source software development in France >> since 2000. >> >> O-Push is an important component of Linagora's open source and collaborative >> messenging solution OBM (http://obm.org), and this o-push project was >> originally created at Linagora's initiative, in order to provide activesync >> protocol functionality for this messenging solution. >> >> Mr Thomas Cataldo, appearing as the current owner of the project, as well as >> Mr Sylvain Garcia, appearing as a current committer, are both former >> employees of Linagora, and it was in the course of the performance of their >> employment contracts and for Linagora that they were led to contribute to >> the o-push project hosted by Google. In fact, most of the code contributed >> to the project was developed internally by these employees of Linagora while >> performing their job, and therefore belongs to Linagora under the relevant >> applicable law (French Intellectual Property Code Article L113-9 §1 "Unless >> otherwise provided by statutory provision or stipulation, the economic >> rights in the software and its documentation created by one or more >> employees in the execution of their duties or following the instructions >> given by their employer shall be the property of the employer and he >> exclusively shall be entitled to exercise them."). For example, Adrien >> Poupard and Mathieu Baechler, who have contributed to the project (as you >> can check in the updates), are currently employees of Linagora, and all code >> and contributions committed by them to the o-push project has been provided >> during the course of their jobs at Linagora. >> >> Mr Thomas Cataldo resigned from Linagora in October 2010 and, at that time, >> did not revert the ownership of the o-push Google Code project to Linagora. >> Mr Garcia resigned as well. >> >> Linagora chose not to try and retrieve the Google Code o-push project >> immediately, mainly in the hope that the project would continue being >> supported by the community and become stronger by itself, as a major open >> source component of Active Sync functionality, focusing common efforts by >> contributors outside of Linagora. However, the project development on Google >> Code has been at at a standstill since December 10th, 2010, i.e. for more >> than a full year. In effect, almost all code committed to the Google Code >> o-push project has been developed internally at Linagora and belongs to this >> company. >> >> In this context, Linagora wishes to retrieve official ownership of the >> o-push project and actively resume development of that code, notably in the >> aim of encouraging the development of o-push contributions, and in the hopes >> of supporting an active open source software ecosystem around o-push. >> >> However, it has come to our attention that Mr Thomas Cataldo has recently >> joined a direct competitor of Linagora and there is therefore a strong >> probability that a direct request to him would be met with a refusal and a >> purely expedient reprise of the project activity in order to deprive >> Linagora of the use of the o-push project, of the exploitation of its own >> contributed code, and of the opportunity to bring a fresh, dynamic impulse >> to the project. >> >> Upon thorough examination of the 8 criteria provided in your FAQ >> (http://code.google.com/p/support/wiki/FAQ) for the retrieval of a google >> code project, several of these criteria seem to be met in the current >> situation : >> 1 - The o-push project has lain fallow for more than a full year ; >> 2 - Mr Cataldo seems to be squatting over the project in a context of unfair >> competition practices by a Linagora competitor in the employ of which he >> currently is ; >> 3 - Most if not all code in the o-push project has been developed and is >> owned by Linagora, and Linagora wishes to continue development of that code >> at the Google Code o-push project page ; >> 4 - o-push is a registered trademark belonging to Linagora for the territory >> of France (under n°under n° 3894603), which you can double-check by looking >> up O-PUSH in the french registered trademarks database >> (http://bases-marques.inpi.fr/). > > Please contact Mr Cataldo first about transferring/sharing ownership. > >> >> Additionally, you can note that there are quite a number of references to >> Linagora OBM solution in the updates and commits to the project. OBM is >> referenced in the updates dated Apr 02, Apr 19, Apr 27, Sep 8, Sep 23, Oct >> 21, Dec 10, 2010. >> >> These are the grounds upon which Linagora respectfully bases a formal >> request to Google aiming at benefitting from a transfer of ownership of the >> o-push project http://code.google.com/p/o-push/ from Mr Thomas Cataldo to >> our o-push technical team leader at Linagora, Mr Michel-Marie Maudet >> ([email protected]). >> >> I would be grateful for your feedback at the earliest convenient time. >> >> Please do not hesitate to contact me should you require any further >> information. >> >> Sincerely, >> >> >> -- >> Ludovic SCHURR >> Chief Legal Officer / Directeur Juridique >> >> ------------------ >> >> GROUPE LINAGORA >> 74-80 rue Roque de Fillol >> 92800 Puteaux >> >> LD : +33 (0)1 46 96 63 54 >> Std : +33 (0)8 10 25 12 51 >> Port : +33 (0)6 72 23 39 75 >> E-mail : [email protected] >> >> ------------------ >> >> La présente transmission contient des informations confidentielles >> appartenant à Linagora, exclusivement destinées au(x) destinataire(s) >> identifié(s) ci-dessus. Si vous n'en faites pas partie, toute reproduction, >> distribution ou divulgation de tout ou partie des informations de cette >> transmission, ou toute action effectuée sur la base de celles-ci vous sont >> formellement interdites. >> Si vous avez reçu cette transmission par erreur, nous vous remercions de >> nous en avertir et de la détruire de votre système d'information. >> >> The present transmission contains privileged and confidential information >> belonging to Linagora, exclusively intended for the recipient(s) thereabove >> identified. If you are not one of these aforementioned recipients, any >> reproduction, distribution, disclosure of said information in whole or in >> part, as well as any action undertaken on the basis of said information are >> strictly prohibited. If you received the present transmission by mistake, >> please inform us and destroy it from your messenging and information >> systems. >> >> -- >> You received this message because you are subscribed to the Google Groups >> "Project Hosting on Google Code" group. >> To post to this group, send email to [email protected]. >> To unsubscribe from this group, send email to >> [email protected]. >> For more options, visit this group at >> http://groups.google.com/group/google-code-hosting?hl=en. > > -- > You received this message because you are subscribed to the Google Groups > "Project Hosting on Google Code" group. > To post to this group, send email to [email protected]. > To unsubscribe from this group, send email to > [email protected]. > For more options, visit this group at > http://groups.google.com/group/google-code-hosting?hl=en. > -- Director of Open Source, Google Inc. Our open source and developer programs can be found at http://code.google.com Site, Bio, Pics: http://dibona.com Google Plus: http://goo.gl/MRK6a Twitter: @cdibona -- You received this message because you are subscribed to the Google Groups "Project Hosting on Google Code" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/google-code-hosting?hl=en.
