Maxim,
let me quickly respond, even that's not a final reply yet.
We definitely acknowledge this is indeed a very serious situation and we
will make a position on this. Please allow some time though -- the
iptel team is currently heavily traveling and it is difficult for us
to jointly review the situation and conclude with a position statement
and or other actions.
I am personaly very thankful for your contributions and the way you have
been contributing.
-jiri
At 12:01 AM 3/25/2004, Maxim Sobolev wrote:
Folks,
Unfortunately, all our attempts to solve mediaproxy copyright issue have failed. AG
Projects rejected to put due credit to Porta into it. The AG confirms that all ideas in
mediaproxy module came from the nathelper module, but refuses to include due respect to
Porta.
I think that it just have to be solved somehow, since for example, we, Porta Software,
always have been respecting others' copyrights and licenses. While we use SER, Vodida
B2BUA, FreeBSD and quite few other free software components in our commercial solutions we
never pretend to our customers that we have written or invented any of them no matter how
deeply we have to rewrite something to fit our needs. We provide full source code
including our own modifications to our customers when the license requires that.
Apart from that we always try to return our modifications and enhancements back to
community. Excellent example is nathelper module and RTP proxy. While we could keep it
in-house, we opted to make it available to the whole community under liberal GPL license.
Unfortunately, folks like AG Projects, who don't have the aspiration to do something
innovative, try to use somebody's else work to cash on it. This unfortunately happened
with nathelper/rtpproxy. Once they had seen that those extensions are in demand they
immediately released their own version of RTP proxy with better portability and some
bugfixes but under their commercial license which prevented any free commercial use of it.
Since RTP proxy is distributed under BSD-like license, we decided that it is not necessary
to make any noise about it.
But probably it didn't went as smooth as they had hoped, bugs in original RTP proxy
were identified and fixed quickly, so that there probably were not that many customers who
wanted to buy AG's version.
Then they decided to cash on publicity: write GPL'ed module based on nathelper with
some enhancements, but pretend that they hold a full copyright on this module. So that
they can say loudly that they have invented it and can sell it under commercial license if
they want without taking Porta who did the initial work into account. They found a good
excuse for a separating their module out: I had asked them to send their patch to me
before committing change into a nathelper module. Any experienced open source/free
software person can confirms that such peer-review practice is common in open source
projects, but AG took an offense. It was just an excuse in my opinion.
OK, once their mediaproxy module had been released, I read its source code and found that
in many places it bears "strange" resemblance to the nathelper. However,
original nathelper copyright was striped and replaced with AG's copyright. I reported
this fact to them, asking to put due Porta's copyright back, but they said that they
have to investigate this question.
After several days they replied that they had written mediaproxy module from scratch and
there was no code taken verbatim from the nathelper module into mediaproxy module and
asked me to show such piece of code. However, when I have shown them such piece of code
they quickly responded (in private) that they would take this code out. But my main point
was not to show some particular piece of code, but to show that mediaproxy module is just
modifiend nathelper module. Modified to the degree when it is hard to see original code,
but still "derived work" in legal terms.
Moreover, they do confirm that they used nathelper source code as a reference for their
work. In my opinion this gives us sufficient right to claim copyright on derived work.
That's the whole story as we see it. Our legal department is currently investigating
if the matters are sufficient enough for suing AG for copyright infringement. However,
whatever they decide, I must say the following:
- If folks like AG are tolerated by a community it will seriously reduce our (and probably
others') incentive to release source code as free software. Respect is the only gain
we as a company have from releasing our code/ideas as free software, if there will be many
folks like AG, who will take our code/ideas, obfuscate it and say that they are the
authors we won't get any respect. Obviously in such world we are better off to keep
our code/ideas closed.
- I am really frustrated by their "embrace and extend" tactics. This is the
first time in my long free software life when somebody does something like that with my
code/ideas.
Regards,
Maxim Sobolev
Director of Product Management
Porta Software Ltd
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