Re: [Declude.JunkMail] Re:Declude vs Perry (ES)
This is how I see it (and I have no legal expertise). Based on the year given for the agreement (2000), the suit is based on Scott selling the code at the time Declude was founded, when he had controlling interest. We all know it was several years later that Rich Person and company bought Declude, the company. In effect, the current owners are suing for an agreement made before they purchased the company; an agreement between Scott and a company he owned. This is just conjecture based on my memory of dealing with the product for many years. Shayne Embry Original Message From: Matt [EMAIL PROTECTED] Sent: Tuesday, September 09, 2008 2:42 PM To: declude.junkmail@declude.com Subject: Re: [Declude.JunkMail] Re:Declude vs Perry (ES) #2 was certainly the scenario. So what's the deal. Was or is Scott being bullied out of both of his businesses? Didn't Scott maintain an equity stake in both companies? That write up on the case just sounds like thievery. Matt Andy Schmidt wrote: Well, Darin -- it may be relevant to look at the timeline. Example: 1. Declude is developed 2. Declude is purchased 3. Developer keeps source code and NOW starts to reuse it to develop DNSstuff.com vs. 1. Declude is developed 2. DNSstuff is developed 3. Declude is purchased from Developer 4. DNSstuff is also purchased from Developer I would see how concerns may be raised in the FIRST case. But in the SECOND case, there are no hidden surprises. Over time, they purchased two different applications that had previously been developed by the same developer, and obviously would share some common generic functions. If I sold you a one of a kind car and then sold you a one of a kind motorcycle -- you can't act surprised years later when you find out that I was using the same hex-nuts and headlight bulbs, where appropriate. *From:* [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] *On Behalf Of *Darin Cox *Sent:* Tuesday, September 09, 2008 2:03 PM *To:* declude.junkmail@declude.com *Subject:* Re: [Declude.JunkMail] Re:Declude vs Perry (ES) Did he keep a copy of the code, or did he just use libraries he developed through the years, as all programmers do, that he used for all of his programming? It's not possible to tell that without an in-depth review of source code for both products. Also, bear in mind that programmers tend to do the same tasks the same way, so two completely separate development projects can have very similar looking code just due to the way a particular programmer solves problems and writes his/her code. Also, as someone on another list pointed out, you typically aren't buying the soure code, per se, when you buy all rights to a product. What you typically buy are the rights to all marketing for the product (names/trademarks, domain names, etc.), the customer base and any other data specific to the product, and a non-compete from the seller. While source code is necessary to continue development of the product, and is included in the sale, copyrights on the source code are often meaningless due to the above points. In this case, the additional product is not a competing product. I don't know the terms of the sale, however, so it is possible that the source code was central to the purchase. However, the above two points still apply. Darin. - Original Message - *From:* Craig Edmonds mailto:[EMAIL PROTECTED] *To:* declude.junkmail@declude.com mailto:declude.junkmail@declude.com *Sent:* Tuesday, September 09, 2008 1:42 PM *Subject:* RE: [Declude.JunkMail] Re:Declude vs Perry (ES) I am not a lawyer so dont understand 100%. So Scott Perry agreed to sell the code but kept a copy anyway and when the new owners of Declude went to raise capital they found out that Scott Perry had already developed an additional product with the code they had bought. I dont see the problem myself? The new owners of declude are just protecting their interests no? Kindest Regards Craig Edmonds 123 Marbella Internet Services W: www.123marbella.com http://www.123marbella.net/ E : [EMAIL PROTECTED] mailto:[EMAIL PROTECTED] *From:* [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] *On Behalf Of *Nick Hayer *Sent:* 09 September 2008 16:16 *To:* declude.junkmail@declude.com *Subject:* [Declude.JunkMail] Re:Declude vs Perry Hi David - Below was forwarded to me - as a long time Decluder I am very disappointed in seeing something like this - -Nick http://dozierinternetlawpc.cybertriallawyer.com/computer-lawyer DECLUDE, INC. AND DNSSTUFF, LLC. v. R. SCOTT PERRY DISTRICT OF MASSACHUSETTS (BOSTON) 1:08-cv-11072 FILED:
AW: [Declude.JunkMail] decludeproc.exe crashing - v. 4.4.0
We got the error here too, running Declude 3.5.59. I copied (and renamed) the 4.4.18 into the IMail directory (running 8.) and the service keeps running. Alex Von: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Im Auftrag von Kathy Leonard Gesendet: Freitag, 5. September 2008 20:42 An: declude.junkmail@declude.com Betreff: Re: [Declude.JunkMail] decludeproc.exe crashing - v. 4.4.0 It is version 4.4.0: Declude 4.4.0 Diagnostics -Original Message- From: David Barker [EMAIL PROTECTED] Sent 9/5/2008 2:25:22 PM To: declude.junkmail@declude.com Subject: RE: [Declude.JunkMail] decludeproc.exe crashing - v. 4.4.0 What version of Decludeproc are you running ? Check your declude\diags.txt From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Kathy Leonard Sent: Friday, September 05, 2008 1:31 PM To: declude.junkmail@declude.com Subject: [Declude.JunkMail] decludeproc.exe crashing - v. 4.4.0 decludeproc.exe crashes several times a day. I have set the service to restart whenever it does crash but sometimes it does not restart (or restart properly) and messages queue up in the Proc folder. We are running IMAIL 2006 (v 9) on Windows Server 2003 SP2. Any help appreciated. Kathy Leonard --- This E-mail came from the Declude.JunkMail mailing list. To unsubscribe, just send an E-mail to [EMAIL PROTECTED], and type unsubscribe Declude.JunkMail. The archives can be found at http://www.mail-archive.com. --- This E-mail came from the Declude.JunkMail mailing list. To unsubscribe, just send an E-mail to [EMAIL PROTECTED], and type unsubscribe Declude.JunkMail. The archives can be found at http://www.mail-archive.com. --- This E-mail came from the Declude.JunkMail mailing list. To unsubscribe, just send an E-mail to [EMAIL PROTECTED], and type unsubscribe Declude.JunkMail. The archives can be found at http://www.mail-archive.com. Siller AG, Wannenaeckerstrasse 43, 74078 Heilbronn Vorstand: Prof. H.-F. Siller (Vorsitzender), Joern Buelow, Ralf Michi Aufsichtsratsvorsitzender: Armin Sohler Reg. Gericht Stuttgart, HRB 107707, Ust-Id Nr. DE145782955 --- This E-mail came from the Declude.JunkMail mailing list. To unsubscribe, just send an E-mail to [EMAIL PROTECTED], and type unsubscribe Declude.JunkMail. The archives can be found at http://www.mail-archive.com.
re: AW: [Declude.JunkMail] decludeproc.exe crashing - v. 4.4.0
Kathy, have you had any problems since i upgraded your server the other day? From: Hirthe, Alexander [EMAIL PROTECTED] Sent: Wednesday, September 10, 2008 12:06 PM To: declude.junkmail@declude.com declude.junkmail@declude.com Subject: AW: [Declude.JunkMail] decludeproc.exe crashing - v. 4.4.0 We got the error here too, running Declude 3.5.59. I copied (and renamed) the 4.4.18 into the IMail directory (running 8.) and the service keeps running. Alex Von: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Im Auftrag von Kathy Leonard Gesendet: Freitag, 5. September 2008 20:42 An: declude.junkmail@declude.com Betreff: Re: [Declude.JunkMail] decludeproc.exe crashing - v. 4.4.0 It is version 4.4.0: Declude 4.4.0 Diagnostics -Original Message- From: David Barker [EMAIL PROTECTED] Sent 9/5/2008 2:25:22 PM To: declude.junkmail@declude.com Subject: RE: [Declude.JunkMail] decludeproc.exe crashing - v. 4.4.0 What version of Decludeproc are you running ? Check your declude\diags.txt From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Kathy Leonard Sent: Friday, September 05, 2008 1:31 PM To: declude.junkmail@declude.com Subject: [Declude.JunkMail] decludeproc.exe crashing - v. 4.4.0 decludeproc.exe crashes several times a day. I have set the service to restart whenever it does crash but sometimes it does not restart (or restart properly) and messages queue up in the Proc folder. We are running IMAIL 2006 (v 9) on Windows Server 2003 SP2. Any help appreciated. Kathy Leonard --- This E-mail came from the Declude.JunkMail mailing list. To unsubscribe, just send an E-mail to [EMAIL PROTECTED], and type unsubscribe Declude.JunkMail. The archives can be found at http://www.mail-archive.com. --- This E-mail came from the Declude.JunkMail mailing list. To unsubscribe, just send an E-mail to [EMAIL PROTECTED], and type unsubscribe Declude.JunkMail. The archives can be found at http://www.mail-archive.com. --- This E-mail came from the Declude.JunkMail mailing list. To unsubscribe, just send an E-mail to [EMAIL PROTECTED], and type unsubscribe Declude.JunkMail. The archives can be found at http://www.mail-archive.com. Siller AG, Wannenaeckerstrasse 43, 74078 Heilbronn Vorstand: Prof. H.-F. Siller (Vorsitzender), Joern Buelow, Ralf Michi Aufsichtsratsvorsitzender: Armin Sohler Reg. Gericht Stuttgart, HRB 107707, Ust-Id Nr. DE145782955 --- This E-mail came from the Declude.JunkMail mailing list. To unsubscribe, just send an E-mail to [EMAIL PROTECTED], and type unsubscribe Declude.JunkMail. The archives can be found at http://www.mail-archive.com. --- This E-mail came from the Declude.JunkMail mailing list. To unsubscribe, just send an E-mail to [EMAIL PROTECTED], and type unsubscribe Declude.JunkMail. The archives can be found at http://www.mail-archive.com.
