On Tue, 5 Nov 2002 [EMAIL PROTECTED] wrote:
> Hi all,
>
> I just wanted to point out something to the general QL world at
> large: as you all know, SMSQ/E is being made available publicly,
> under a licence that was discussed at length here.
> This licence is now the current licence for all versions of SMSQ/E.
>
> Under this licence, only appointed resellers may sell the software,
> provided, notably, that a 10 euro payment is made to Tony Tebby
> for each copy sold.
>
> Today, D&D systems are selling the Q40/Q60. These are
> machines that contain SMSQ/E in ROM (they cannot boot
> otherwise).
>
> D&D have NOT even requested to become a software reseller. They
> are NOT paying the licence fees.
>
> This means that these people are currently selling something
> for which they have no licence and which they do not have the right
> to distribute - in other words, counterfeit software.
> Doesn't this mean that they are software pirates?
>
> Even worse, this means that YOU, when you are buying this
> machine with this software, are also using counterfeit software, and
> by extension, when using the Q40/Q60, you are also a software
> pirate.
>
> Do you really want to be?
>
>
> Wolfgang
Wolfgang, this email of yours is wrong on so many levels.
Aside from any legal flaws in your argument, and there are a couple of
great big ones, you have a responsibility to handle these issues in a
discreet and diplomatic manner. This message is indiscreet, undiplomatic,
and certainly libellous.
As for the legal arguments, releasing software under a new license does
not automatically make that license applicable to all previous or parallel
versions. The Grafs may have lawfully purchased the right to sell many
copies of SMSQ/E, or may operate under a separate license or agreement not
relevant to the public SMSQ/E source license. Any such activity is
absolutely legal, and your accusation that it is not is not only wrong
(due to lack of evidence, not finding of fact) but places you in a very
VERY unenviable position.
Up until this moment, I have felt you've been working in the best interest
of the SMSQ/E community, but having read this very ill-advised post, I can
only conclude that you do not posses the diplomacy skills required of a
registrar.
Accusing others of impropriety without very solid evidence, in such a
public forum, is an impropriety in itself.
You may be right, but that is hardly the point.
Dave
