Honestly, in the time you took to reply to this and we would take trying to decode this, we're still going to ask for a court order or a dmca request. We have no desire to be in the middle of some intra-company dispute.
Chris On Wed, Mar 28, 2012 at 7:10 AM, Ludovic SCHURR <[email protected]>wrote: > ** > Dear Sirs, > > I thank you for your prompt answer to my Feb. 27, 2012 e-mail, and I > apologize for the tardiness of my own. > > To clarify the context of Linagora's request : due to current legal issues > on unfair competition practices by Mr. Thomas Cataldo's new employer which > are directed against Linagora, it is nearly certain that any attempt to > contact Mr. Thomas Cataldo in order to retrieve ownership of the Google > Code O-push project would be met with a plain refusal and an feigned > revival of the Google Code project in order to prevent Linagora from > pursuing the present endeavor. > > This is the reason why I chose to contact Google directly, in the hope > that you might be able to help Linagora retrieve the O-push Google Code > forge without incurring additional difficulties. > > In the current context, a formal DMCA request based on our ownership of > the O-push trademark is indeed possible. However, such a process usually > aims at the deletion of infringing content and therefore deletion of the > O-push Google Code forge, which does not meet Linagora's goal of retrieving > formal ownership of the Google Code project and bringing a fresh impulse to > it. Could you please confirm that filing a formal DMCA request with Google > would help Linagora retrieve the ownership of the forge ? > > Thanks for your help. > > Sincerely, > > Ludovic Schurr > > > Le 27/02/2012 18:40, Chris DiBona a écrit : > > 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]> > <[email protected]> wrote: > > On Mon, Feb 27, 2012 at 10:18 AM, Ludovic SCHURR <[email protected]> > <[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 > [email protected]. > For more options, visit this group > athttp://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. > > > > -- > *Ludovic SCHURR* > Directeur Juridique / Chief Legal Officer > > > ------------------ > > 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. > -- 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/MRK6aTwitter: @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.
