Ethereal-dev: Re: [Ethereal-dev] ClearSight update

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From: Gilbert Ramirez <gram@xxxxxxxxxxxxxxx>
Date: Tue, 09 Mar 2004 14:47:25 -0000
On Mon, 2004-03-08 at 15:10, Gerald Combs wrote:
> Hi, all.
> 

> Questions for copyright holders.
> 
> In order to proceed with this, Ethereal's copyright holders need to
> agree on a final objective.  Do we simply want ClearSight to stop
> infringement?  Do we want them to open the source of Analyzer?  Do we
> want damages?  Should they be allowed to keep doing what they're
> doing, provided they pay a licensing fee?

They need to stop the infringement, and I concur with others on this
list that we should not allow them to pay for the privelige of
dual-licensing ethereal.

The ways they can stop infringement: release their product as GPL, stop
using Ethereal, or start using Ethereal at "arms length"... i.e, use it
like a scriptable tool.

They've profited from our GPL work, so restitution is in order. But the
amount should be discussed with a lawyer. If we do have legal fees, then
the money will pay for the fees. Any "profits" can be kept in the
ethereal "war chest", or donated to EFF, or a combination of those.
 
> We must also definitively establish who has a legal claim on
> Ethereal's copyright.  There are _many_ people (and companies) listed
> in copyright notices in all of the files in the source code.  There
> are many more listed in the AUTHORS file.  Anyone who paid these
> people to write the code that's in Ethereal may have a copyright claim
> on a work-for-hire basis.  Getting Ethereal's copyright status
> formally established is going to be a chore.  I'll dedicate whatever
> time is necessary to do this.
> 
> I'll try to set up a communication channel for Ethereal's copyright
> holders in the meantime.  This will probably be in the form of another
> mailing list.
> 

Just let us know whan you want that information.

--gilbert