[SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Jeff Grima
Hello,

This is my first post. I hope this is a good question.

There is a business in Sydney that is re-branding SME (contribs.org aka
e-smith) and claiming it as there own.

What (if any) is the best course of action to take against this company?

A bit more information.

This company sells pre-installed SMEserver linux boxes and sells
support.

I know that is not a crime
and i know rebranding some FOSS software isnt a crime also
but the bad part is that they claim they developed the software inhouse.

They prey on the NOT linux-savvy and their ignorance to the
technology.

They also do a very poor job of supporting the product.

I am not sure of the appropriateness of posting the companies details
here but I will do so if enough people think it is appropriate.

Also I have alot more information regarding there services.


Thanks for your time,
Jeff Grima

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Re: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread James Purser
On Tue, 2005-07-26 at 17:53 +1000, Jeff Grima wrote:
 Hello,
 
 This is my first post. I hope this is a good question.
 
 There is a business in Sydney that is re-branding SME (contribs.org aka
 e-smith) and claiming it as there own.
 
 What (if any) is the best course of action to take against this company?
 
 A bit more information.
 
 This company sells pre-installed SMEserver linux boxes and sells
 support.
 
 I know that is not a crime
 and i know rebranding some FOSS software isnt a crime also
 but the bad part is that they claim they developed the software inhouse.
 
 They prey on the NOT linux-savvy and their ignorance to the
 technology.
 
 They also do a very poor job of supporting the product.
 
 I am not sure of the appropriateness of posting the companies details
 here but I will do so if enough people think it is appropriate.
 
 Also I have alot more information regarding there services.
 
 
 Thanks for your time,
 Jeff Grima
 
It depends on what license the software was released under. If it's the
GPL then the company has to provide the source along with the servers as
well as keeping all copyright attributions.

There may be a case for deceptive practices if they have removed
copyright notices and replaced them with their own. Have you tried
talking with the company and finding out whether or not they are
planning on meeting their requirements under the license?
-- 
James Purser
http://k-sit.com
Skype: purserj1977

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Re: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Benno
On Tue Jul 26, 2005 at 18:34:26 +1000, James Purser wrote:
On Tue, 2005-07-26 at 17:53 +1000, Jeff Grima wrote:
 Hello,
 
 This is my first post. I hope this is a good question.
 
 There is a business in Sydney that is re-branding SME (contribs.org aka
 e-smith) and claiming it as there own.
 
 What (if any) is the best course of action to take against this company?
 
 A bit more information.
 
 This company sells pre-installed SMEserver linux boxes and sells
 support.
 
 I know that is not a crime
 and i know rebranding some FOSS software isnt a crime also
 but the bad part is that they claim they developed the software inhouse.
 
 They prey on the NOT linux-savvy and their ignorance to the
 technology.
 
 They also do a very poor job of supporting the product.
 
 I am not sure of the appropriateness of posting the companies details
 here but I will do so if enough people think it is appropriate.
 
 Also I have alot more information regarding there services.
 
 
 Thanks for your time,
 Jeff Grima
 
It depends on what license the software was released under. If it's the
GPL then the company has to provide the source along with the servers as
well as keeping all copyright attributions.

That is not true. It needs to make the source available to those that purchase
the server. That is different to providing it.

Cheers,

Benno
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Re: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Jeff Grima
I am doing some further investigation into this,

What are the things to look for?

So far I am looking for;
The removal of copyright/copyleft text
Changes to the code and selling it without providing source

On Tue, 2005-07-26 at 19:13 +1000, Benno wrote:
 On Tue Jul 26, 2005 at 18:34:26 +1000, James Purser wrote:
 On Tue, 2005-07-26 at 17:53 +1000, Jeff Grima wrote:
  Hello,
  
  This is my first post. I hope this is a good question.
  
  There is a business in Sydney that is re-branding SME (contribs.org aka
  e-smith) and claiming it as there own.
  
  What (if any) is the best course of action to take against this company?
  
  A bit more information.
  
  This company sells pre-installed SMEserver linux boxes and sells
  support.
  
  I know that is not a crime
  and i know rebranding some FOSS software isnt a crime also
  but the bad part is that they claim they developed the software inhouse.
  
  They prey on the NOT linux-savvy and their ignorance to the
  technology.
  
  They also do a very poor job of supporting the product.
  
  I am not sure of the appropriateness of posting the companies details
  here but I will do so if enough people think it is appropriate.
  
  Also I have alot more information regarding there services.
  
  
  Thanks for your time,
  Jeff Grima
  
 It depends on what license the software was released under. If it's the
 GPL then the company has to provide the source along with the servers as
 well as keeping all copyright attributions.
 
 That is not true. It needs to make the source available to those that purchase
 the server. That is different to providing it.
 
 Cheers,
 
 Benno

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Re: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Rev Simon Rumble

On 26/7/2005, Jeff Grima [EMAIL PROTECTED] wrote:

I am doing some further investigation into this,

What are the things to look for?

So far I am looking for;
The removal of copyright/copyleft text

This is the most serious.

Changes to the code and selling it without providing source

No, redistributing ANY GPL code, including code modified by them, without
making the source available (not necessarily providing it).
--
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Re: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Benno
On Tue Jul 26, 2005 at 10:24:26 +0100, Rev Simon Rumble wrote:

On 26/7/2005, Jeff Grima [EMAIL PROTECTED] wrote:

I am doing some further investigation into this,

What are the things to look for?

So far I am looking for;
The removal of copyright/copyleft text

This is the most serious.

Changes to the code and selling it without providing source

No, redistributing ANY GPL code, including code modified by them, without
making the source available (not necessarily providing it).

But they only need to make it available to customers. So to know this
you would have to actually have purchased a server and asked for the code.
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Re: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Jeff Grima
Thanks,

Before this gets into a debate about the GPL I want to just clarify that
SMEserver is distributed under the GPL

see;

http://www.contribs.org/contribs/bobk/SME_Manual/chpt-01.2.html

and is actually in the web interface, so if that is removed we have a
problem.

also this site puts it plain and simple about the gpl.

http://www.fsf.org/licensing/licenses/gpl-violation.html

I am not saying the companies name right now but will be tomorrow.. I
just want to ring and hear him say he made the software first person as
I have only heard of them saying it via third person.

thanks

On Tue, 2005-07-26 at 10:24 +0100, Rev Simon Rumble wrote:
 On 26/7/2005, Jeff Grima [EMAIL PROTECTED] wrote:
 
 I am doing some further investigation into this,
 
 What are the things to look for?
 
 So far I am looking for;
 The removal of copyright/copyleft text
 
 This is the most serious.
 
 Changes to the code and selling it without providing source
 
 No, redistributing ANY GPL code, including code modified by them, without
 making the source available (not necessarily providing it).

-- 
SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/
Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html


RE: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Simon
I deal with a company that does this, may be the one referred to here,
not sure until a name is given, however in the Support, Warranty and
Licence information is this statement:



Communications Server contains hundreds of

individual software components, such as linux Redhat and e-smith

server, each of which was written individually and copyrighted

individually. All this software is licensed under the terms of

the GNU General Public License which allows you to copy,

distribute or modify the software subject to GNU General Public

License. All the individual software components, taken together

constitute the Software Programs.









-Original Message-

From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Jeff Grima

Sent: Tue, 26. July 2005 7:32 PM

To: Rev Simon Rumble

Cc: slug@slug.org.au

Subject: Re: [SLUG] Company rebranding FOSS and selling it





Thanks,



Before this gets into a debate about the GPL I want to just clarify that
SMEserver is distributed under the GPL



see;



http://www.contribs.org/contribs/bobk/SME_Manual/chpt-01.2.html



and is actually in the web interface, so if that is removed we have a
problem.



also this site puts it plain and simple about the gpl.



http://www.fsf.org/licensing/licenses/gpl-violation.html



I am not saying the companies name right now but will be tomorrow.. I
just want to ring and hear him say he made the software first person as
I have only heard of them saying it via third person.



thanks



On Tue, 2005-07-26 at 10:24 +0100, Rev Simon Rumble wrote:

 On 26/7/2005, Jeff Grima [EMAIL PROTECTED] wrote:



 I am doing some further investigation into this,

 

 What are the things to look for?

 

 So far I am looking for;

 The removal of copyright/copyleft text



 This is the most serious.



 Changes to the code and selling it without providing source



 No, redistributing ANY GPL code, including code modified by them,

 without making the source available (not necessarily providing it).



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Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html




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Re: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Benno
On Tue Jul 26, 2005 at 19:32:16 +1000, Jeff Grima wrote:
Thanks,

Before this gets into a debate about the GPL I want to just clarify that
SMEserver is distributed under the GPL

see;

http://www.contribs.org/contribs/bobk/SME_Manual/chpt-01.2.html

and is actually in the web interface, so if that is removed we have a
problem.

also this site puts it plain and simple about the gpl.

http://www.fsf.org/licensing/licenses/gpl-violation.html

I am not saying the companies name right now but will be tomorrow.. I
just want to ring and hear him say he made the software first person as
I have only heard of them saying it via third person.


Are you actually a customer of the company though? There is no way you
can check any of those facts unless you have actually purchased
something from the company.

Benno
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Re: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Jeff Grima
I my self am not a customer but I know someone who is.

On Tue, 2005-07-26 at 20:29 +1000, Benno wrote:
 On Tue Jul 26, 2005 at 19:32:16 +1000, Jeff Grima wrote:
 Thanks,
 
 Before this gets into a debate about the GPL I want to just clarify that
 SMEserver is distributed under the GPL
 
 see;
 
 http://www.contribs.org/contribs/bobk/SME_Manual/chpt-01.2.html
 
 and is actually in the web interface, so if that is removed we have a
 problem.
 
 also this site puts it plain and simple about the gpl.
 
 http://www.fsf.org/licensing/licenses/gpl-violation.html
 
 I am not saying the companies name right now but will be tomorrow.. I
 just want to ring and hear him say he made the software first person as
 I have only heard of them saying it via third person.
 
 
 Are you actually a customer of the company though? There is no way you
 can check any of those facts unless you have actually purchased
 something from the company.
 
 Benno

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Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html


Re: [SLUG] Company rebranding FOSS and selling it

2005-07-26 Thread Thomas Schröder
Hi

In the issue 07/2005 of the Linux Magazin (German issue) there is a story
about Harald Welte who developed some stuff of the netfilter (netfilter.org).
He sued a lot of companies which violates the GPL when they put the netfilter
in their router. He started gpl-violations.org ; maybe there are some hints.

Cheers,
Thomas

Am Dienstag, 26. Juli 2005 09:53 schrieb Jeff Grima:
 Hello,

 This is my first post. I hope this is a good question.

 There is a business in Sydney that is re-branding SME (contribs.org aka
 e-smith) and claiming it as there own.

 What (if any) is the best course of action to take against this company?

 A bit more information.

 This company sells pre-installed SMEserver linux boxes and sells
 support.

 I know that is not a crime
 and i know rebranding some FOSS software isnt a crime also
 but the bad part is that they claim they developed the software inhouse.

 They prey on the NOT linux-savvy and their ignorance to the
 technology.

 They also do a very poor job of supporting the product.

 I am not sure of the appropriateness of posting the companies details
 here but I will do so if enough people think it is appropriate.

 Also I have alot more information regarding there services.


 Thanks for your time,
 Jeff Grima

-- 
SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/
Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html