Christian Bartsch | Kryoflux LTD. (cb at kryoflux.com) wrote on Tue Mar 6 02:30:32 CST 2012:
Hi Tony,
...
>/ 2) Is there any truth to the comments about a 'conflict of interests' if
/>/ somebody wants to devleop both for your device and the Diskferret?
/
Suggestions like that (the original statement, not your question here)
would you get thrown out of my house for sure. Why would any large, big,
mighty institution be hindered by us to look at a competitive product?
Why would they let us hinder them? If they could get something better
that would be completely free, why would they want to take the solution
that needs to be paid for? How could I stop them from using publically
available sources?
Christian, if there's no anti-compete clause in the license, then please
explain what exactly clauses 3.a.v and particularly 3.a.vi do.
Also, for third party/open-source IPF stuff (other than the potential
for GPL software to be used commercially, already expressly forbidden by
3.a.v), clauses 3.d.i and 3.d.ii would also seem to expressly forbid it?
3.d.ii seems to imply that it violates the license to even convert an
IPF to other formats, which makes IPF images entirely useless as a
general preservation format because of the legal minefield they're stuck in.
This is one of the most deceptive licenses I've ever read; the top
preamble implies it gives the user great freedom but instead it almost
totally locks everything they've done and can do down to "a SPS product
defined by SPS". I'm going to stay far, far away from any products
Kryoflux LTD./SPS puts out unless you seriously rethink your licensing,
since by contributing to the Discferret project I'm apparently already
in violation of it.
No wonder none of the organizations you sold your CTA analyzer to want
anything to do with Phil's product, the license expressly forbids them
>from even considering it.
For reference:
2. LICENCE.
I. LICENCE for IPF SUPPORT LIBRARY
SPS hereby grants you (each licensee is addressed as "you") a
non-exclusive, non-transferable licence to use the Technology, on the
following terms and only for private, non-profit purposes (see
Section 3 below).
You may:
...
c. inspect ("understand") the source code (if provided); and
...
3.LIMITATIONS ON LICENCE.The licence grantedin Section 2 is subject
to the followingrestrictions:
a.The Technology is to be used onlyfor non-profit purposesunless
you obtain prior written consent fromSPS.Prohibited for-profit
and commercial purposesinclude, but arenot limitedto:
...
(v) Using the Technology to develop a similar application on any
platform for commercial distribution, except to the extent this
restriction is prohibited by applicable law; or
(vi) Using the Technology in any manner that is generally
competitive with a SPS product as defined by SPS, except to the
extent this restriction is prohibited by applicable law.
...
d. You may not modify, combine commercial applications with the
Technology. You may not prepare derivative works of the Technology,
except to the extent this restriction is prohibited by applicable law.
Derivative works are defined as but not limited to:
(i) Alternative support libraries. We are open to porting to other
platforms, and so third parties doing such is unnecessary and
violates the terms of this licence. If you want to port the
library, please contact us. We will host it on our site and ensure
that only the latest version is being distributed.
(ii) Alternative tools that operate on files of the format as
defined by the Technology. This includes but is not limited to:
mastering tools(tools that enable Content to be written back to
physical media like a floppy disk). Reproducing Content provided
through or by the Technology to any other kind of media, such as
alternative content provider technology(this also covers any kind
of converter with the intention of extracting the Content to held
by any other alternate media format that represents the same
independently working Content). Additions, removals or other
modification of data contained by the images.
...
To anyone who wants to read further, the license text can be seen in
full as "LICENCE.txt" in the "Download the latest software" archives at
http://www.kryoflux.com/
--
Jonathan Gevaryahu AKA Lord Nightmare
jgevaryahu at gmail.com
jgevaryahu at hotmail.com
> Christian, if there's no anti-compete clause in the license, then please
> explain what exactly clauses 3.a.v and particularly 3.a.vi do.
> Also, for third party/open-source IPF stuff (other than the potential
> for GPL software to be used commercially, already expressly forbidden by
> 3.a.v), clauses 3.d.i and 3.d.ii would also seem to expressly forbid it?
> 3.d.ii seems to imply that it violates the license to even convert an
> IPF to other formats, which makes IPF images entirely useless as a
> general preservation format because of the legal minefield they're stuck in.
Jonathan, I think you misunderstood what this is about. Before I go into
detail here, it does make sense to see how "the technology" is defined:
"The program's object code, source code and documentation are
collectively referred to as the "Technology"". Please note that there is
no reference to the file format itself.
It just clearly states one thing: You can not take a piece of our
software and use it to make another piece of software, except for the
exclusions listed. It does not say you can not invent something on our
own or work with a CatFerret or DiskWeasel or whatever device comes to
mind. It is also correct that you could not take the capsimg.dll and put
it into a competing product. You can of course write your own code, or
you could - if it's not a commercial thing - just take a look at our
source distribution. It comes with a different (adapted MAME) licence!
Please take a look yourself:
http://www.kryoflux.com/download/ipfdec_source4.2.zip
This was released to make sure the format is a) fully documented, b)
portable and c) data is not buried.
The reasons for the tight restrictions of the original (old) licence
were e.g. some companies selling game compilation CDs of questionable
origin, which usually did not give credit or pay royalties to the
legitimate copyright holders (=game devs). We did not want to support
such things. Not being able to use IPF for these (or extract the data
with our enabler) meant ADFs were used, which usually sported cracker
intros or similar, making people aware of what they had bought.
> This is one of the most deceptive licenses I've ever read; the top
> preamble implies it gives the user great freedom but instead it almost
> totally locks everything they've done and can do down to "a SPS product
> defined by SPS". I'm going to stay far, far away from any products
> Kryoflux LTD./SPS puts out unless you seriously rethink your licensing,
> since by contributing to the Discferret project I'm apparently already
> in violation of it.
No, you are not (I think). Unless you take parts of our product to
enhance a competitive product, all is fine. In other (unpleasant) words:
If you make your own and don't steal, I don't see any problem there.
> No wonder none of the organizations you sold your CTA analyzer to want
> anything to do with Phil's product, the license expressly forbids them
> from even considering it.
Absolutely not. If they were using this very same licence (which they
don't, as it excludes commercial use) they could of course use other
products. They just could not put parts of our product into the other.
> If this is how you think about others who are trying to preserve data and history, I don't think you should be involved in preservation at all. Thanks for making up my mind in regards to your product.
Dave, to be honest, going back to your very first email... I really
looks like you had made it up right from the beginning. I have no clue
what preservation and the right to do it or not has to do with one's
right to stand up against a competitive claim that has proven not to be
an issue at all. I also don't know what either product has to do with
preservation per definition apart from ingesting data. Preservation is
much more than reading some bits, it's making sure the data you have is
authentic and valid and can be recreated physically and in emulation any
time.
http://www.ebay.com/itm/220970605899
This ICBM COMPUTER is one of ONLY 10 that were armed and ready to fire at Russia or anyone else if necessary during the cold war arms race.
These are credited for stopping the soviet union from placing nuclear missiles in CUBA in 1960 to 1962.
They were decommissioned by the strategic are command and the hard drive and memory banks were erased.
This is the first personnel computer that could run with commands on its' own.
The movie Dr. Strangelove was a scary horror comedy about these missiles and the people that might push the button, and not be able to stop if needed.
--
This this is clearly a dangerous munition, so I've reported it to eBay.
I would suggest others do the same, for the safely of our children and our precious bodily essence.
In concurrence with Rick here, I was interviewed last year by some
Italians making a documentary about the Olivetti P101 trying to
shoehorn their claim it was the first "personal computer". I
categorically stated that it was simply a programmable calculator and
not a computer. I noted to them the features of the 1962 LINC (OS,
languages, removable storage, interactive programming/display,
peripherals) which was described by Alan Kay and Gordon Bell as "the
first personal workstation" or "where the experience of personal
computing was first possible". Seemed to fall on deaf ears. Did
their documentary ever come out?
bruce ever the CC lurker
>> > You can't make 'competing products'.
> ...no, you can't use "the Technology" to make competing products.
> jgevaryahu didn't post enough for me to be sure what "the Technology"
> means - and I would check if I cared - but I would expect it to refer
> to KryoFlux's work and nothing more, in which case this strikes me as
> eminently reasonable.
>
> In the stuff jgevaryahu posted, most the restrictions cited are of this
> nature. I do see one glaring exception, that being 3.d(ii); if I were
> doing data preservation any such clause in the license for a tool would
> completely eliminate that tool from consideration for me.
No, because the moment you would be able to put data into an IPF, you
would also have the tool to extract it again, you would not use parts of
the free distribution to do that. And you would of course have your
original data in the first place. As outlined in another reply this
mainly addresses companies releasing bogus compilation CDs which we did
not intend to support.
And apart from that: Our source distribution comes with a different
(adapted MAME) licence!
http://www.kryoflux.com/download/ipfdec_source4.2.zip
This was released to make sure the format is a) fully documented, b)
portable and c) data is not buried.
> It most certainly would cause me to include them out of anything I
> might do as an individual. Closed file formats - and this is an even
> more egregious form of "closed" than most - are nonstarters for me.
And for this reason, and many others, there source is out there.
I have a TRS-80 Model 16 with an 8 Megabyte drive, but unfortunately the
drive is a secondary, not a primary, so it doesn't contain a controller
and I can't actually use it with the Model 16 at the moment. Does
anyone have an extra 8MB primary drive they'd care to part with? Or the
controller board from inside an 8MB primary drive? (Or, for that matter,
another secondary?)
The Model 16 (or Model II) with the original hard disk interface[*] will
ONLY work with 8MB drives, and not with the later 5, 12, 35, or 70 MB
drives. Similarly, the 8MB drives will only work on the Model II or 16
with that original interface, and not on the Model I, III, 4, etc. The
pinout and signals of the cable between the interface card in the
computer and the controller in the primary drive is different than all
of the later ones. Both the old and new TRS-80 hard drive interfaces
use a 50-pin cable with signals similar to those used by a WD1000
controller, but neither are actually directly compatible with the WD1000
or each other. Radio Shack added some functionality beyond what the
standard WD1000 has, and changed the pinout.
Thanks,
Eric
[*] The original Model II/16 hard disk interface can be recognized by
the red power distribution strips under the DIP ICs.