[seul-edu] Fw: Re: RM Connect - Copyright Infringement & Passing-Off

[Douglas Loss <dloss@suscom.net>]

Francis,

   Thanks for passing this on.  I hope this won't dissuade you
from the effort to produce an RM Connect work-alike, as it
sounds like something would be a very good idea.  This sort of
message is just the sort of thing (although they're entirely
within their rights) that might "get your back up" and energize
you to produce the program!

On Fri, 2 Feb 2001, owner-seul-edu@seul.org wrote:

> From: Francis Tyers <spectre@harry-carlton.notts.sch.uk>
> To: seul-edu@seul.org
> Subject: [spectre@harry-carlton.notts.sch.uk: Re: RM Connect -
> Copyright Infringement & Passing-Off]
> 
> On Fri, 02 Feb 2001 12:00:52 Francis Tyers wrote:
> Hi,
> 
> Thanks for your concern, I have removed the offending images
> from the site.
> I would like to discuss the matter more fully with you, as it
> appears that 
> you do not understand what we are trying to do, probably a
> simple mistake 
> on your part :)
> 
> I must assure you that the development of this software is not
> in any way
> "malicious"
> as you put it, and neither are we trying to "move in on your
> turf".
> Futhermore, 
> we would _never_ attempt to pass off our product as your own,
> this appears
> to us
> a stupid idea, and would be very hard to justify, as you
> product runs on
> Windows NT,
> and ours runs on unix.
> 
> I now realise how you may have got the "wrong end of the
> stick" so to
> speak,
> when we, or rather I said exact replica, I didn't mean "exact
> replica", but
> rather
> "work alike". This was a unforgivable error on my part, and I
> regret it.
> 
> You must also realise that as of yet, no code has been
> written, and no
> interface
> design started, as most of us have been caught up in "real
> work", and will
> continue to
> be for the immediate future.
> 
> I have forwarded this email to the rest of the group, 
> 
> We hope this problem can be resolved quickly,
> 
> 
> Fran
> 
> 
> On Thu, 01 Feb 2001 15:45:59 LISA PENTON wrote:
> > 	Dear Mr Tyers,
> > 	As the Product Marketing Manager responsible for the RM
> Connect
> > products and branding, I am writing to you concerning the
> message shown
> > below, which was forwarded to me yesterday. 
> > 
> > 	> Date: Tue, 21 Nov 2000 12:29:13 +0000
> > 	> From: Francis Tyers <spectre@harry-carlton.notts.sch.uk>
> > 	> To: seul-edu@seul.org
> > 	> Subject: RM Connect / OpenConnect
> > 	> 
> > 	> Hi, any of you in the uk may have heard, or even use a
> network
> > 	> management system caled RM Connect, normally, this is
> supplied
> > with RM hardware.
> > 	> This product is aimed specifically at schools, IMO the
> ideas
> > behind it are good, and
> > 	> it is very uesrfriendly, but the main problem is that it
> runs
> > on
> > top of NT :)
> > 	> We are producing what will be an exact replica from the
> > frontend
> > point of
> > 	> view,however, we are going to design so as it is modular,
> it
> > will
> > be able to 
> > 	> authenticate users in many different ways, e.g. NIS,
> LDAP,etc. 
> > 	> 
> > 	> It will be run on top of unix like operating systems,
> linux and
> > freebsd are
> > 	> priority.
> > 	> 
> > 	> If you would like any further information, or would like
> to
> > 	> help out, please contact me.
> > 	> 
> > 	> Francis Tyers
> > 	> 
> > 	> [fran@thinkgeek.co.uk]
> [spectre@harry-carlton.notts.sch.uk]
> > 	> 
> > 	> Please send to spectre, and CC to fran.
> > 
> > 	Having spoken to Peter Spencer, the ICT Manager at your
> school, I
> > understand that this is likely to be a simple mistake on
> your part.
> > However,
> > RM must take any infringement of our intellectual property
> very
> > seriously,
> > and because of this, I have included the following legal
> statement from
> > our
> > General Counsel, which notifies you of our position. I have
> also been
> > directed to a web-site (http://openconnect.sourceforge.net/ 
> ) which
> > refers
> > to your name, and which also infringes RM's Copyright by
> using the RM
> > Connect logo. This web site should be removed with immediate
> effect to
> > prevent legal action. 
> > 
> > 	Yours Sincerely
> > 	Lisa Penton
> > 	RM Networks Product Marketing Manager
> > 	RM plc
> > 
> > 
> > 	31st January 2001
> > 
> > 	Dear Sirs,
> > 
> > 	Re: RM Connect - Copyright Infringement & Passing-Off
> > 
> > 	We are in receipt of your message dated 21st November 2000
> timed
> > at
> > 12.29 to the address: seul-edu@seul.org, which has only just
> come to our
> > attention. This letter causes us great concern because it
> refers to our
> > network management system, RM Connect, and then states: "We
> are producing
> > what will be an exact replica ..."
> > 
> > 	We own RM Connect and have asserted our rights in it both
> in the
> > terms of use and by way of copyright notices. It would
> appear that you
> > are
> > deliberately infringing our copyright and passing -off our
> product as
> > your
> > own.
> > 
> > 	RM always welcomes open competition but it will not
> tolerate a
> > deliberate and malicious attempt to use our investment and
> our property
> > for
> > your ends. Accordingly, unless we receive a written
> undertaking from you
> > within 7 days of the receipt of this letter agreeing to
> submit your
> > product
> > to RM for review prior to its release into the public
> domain, we reserve
> > the
> > right to proceed against you by way of injunctive
> proceedings without
> > further notice to you.
> > 
> > 	Please note that RM regards the infringements that you have
> made
> > of
> > our intellectual property rights to be of a most serious
> nature and you
> > should not, in any way, underestimate the gravity of the
> situation.
> > 
> > 
> > 	Yours sincerely,
> > 
> > 	Andrew Robson
> > 	General Counsel
> > 
> > 
> > 
> > STANDARD DISCLAIMER: This message is confidential. You
> should not copy it
> > or
> > disclose its contents to anyone. You may use and apply the
> information
> > only
> > for the intended purpose. Internet communications are not
> secure and
> > therefore RM does not accept legal responsibility for the
> contents of
> > this
> > message. Any views or opinions presented are only those of
> the author and
> > not those of RM. If this email has come to you in error
> please delete it
> > and
> > any attachments.
> > 
> > 
> > 
> 
> 
> 
-- 
Doug Loss           The art of medicine consists of amusing the
dloss@suscom.net    patient while nature cures the disease.
(570) 326-3987             Voltaire