Re: Next Endeavour version without Hofmann potential

2004-07-09 Thread Radovan Cerny
One more cent to the recent discussion on the Hofman potential.
Alan, you have stopped the discussion saying that you are responsible 
for the content of this mailing list. I hope not. If some journals 
publish the opinions of their readers they always add a notice that "the 
ideas expressed in this message are not necessarily the ideas of the 
journal". I hope that it is like this with the mailing lists. And if not 
I propose that it is like this. You are responsible for the technical 
management of the Rietveld mailing list not for its content. Your server 
could probably also add such a notice to the subject header of every 
message.
It is only the person signing the message who is responsible for its 
content.

Is it correct?
Radovan
--
Radovan Cerny  
Laboratoire de Cristallographie
24, quai Ernest-Ansermet  
CH-1211 Geneva 4, Switzerland
Phone  : [+[41] 22] 37 964 50, FAX : [+[41] 22] 37 961 08
mailto : [EMAIL PROTECTED]
URL: http://www.unige.ch/sciences/crystal/cerny/rcerny.htm




Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Ludwig Keller


<>

I fear you will have to go but you can buy yourself out with a lifelong ICSD
subscription! And remember, you have the right to remain silent.

L. Keller




Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Hewat Alan
> I have made tables from data taken from ICSD - am I going to go to jail?

Depends. If you are going to make your fortune from it and retire to the
south of France on the proceeds, then yes, certainly ! In that case, you
had better read the fine print on
http://www.fiz-informationsdienste.de/en/agb/icsd.html

Alan.





Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Kurt Leinenweber
Thank you for this interesting discussion.  Does this also apply to the ICSD
database?  I have made tables from data taken from ICSD - am I going to go
to jail?

- Kurt


- Original Message - 
From: "Brian H. Toby" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Thursday, July 08, 2004 9:00 AM


> I have to agree with Vincent that I find aspects of CCDC's apparent
> actions troubling and warrant discussion even if all parties reach a
> happy agreement behind closed doors. If the CCDC claims partial
> ownership of everything derived from their database then how far does
> that go? Can they prevent someone from publishing an average bond
> distance mined from 10,000 structures? Do they require that the entire
> staff of the CCDC be included as coauthors?
>
> Alan is correct that there is much that we do not know: What information
> has Dr. Hoffmann has supplied only to Crystal Impact and what
> information is in the public domain?
>
> Since much is unclear, I will offer one possible argument on the CCDC's
> behalf. Academic researchers are given access to the CSD (and other)
> databases for academic (public) research at rates considerably reduced
> from that of commercial research. If someone makes a discovery from
> these "academic" facilities but rather than disclose it in the open
> literature, instead decides to use that information for private gain
> (either for the researcher or the employer's institution) then from my
> perspective this academic researcher/institution is "cheating" by paying
> academic rates, but performing commercial research. (I am not suggesting
> that I know this to be the case here).
>
> The CCDC is a valuable resource to our scientific community. The CCDC
> should take all steps needed to protect their intellectual property -- 
> which is their compilation of data (note anyone can compile their own
> data collection from the literature by "simply" typing in all the
> coordinates again), plus the wealth of tools they have built over the
> decades, as well as the comments and corrections they have created and
> include in their data collection. I think it reasonable that the CCDC
> forge agreements with organizations that would mine their data
> collection for profit.
>
> If on the other hand, the CCDC works to prevent the open publication of
> research results that derive from their data collection, or uses their
> size to prevent companies from producing software that competes with
> their own products, then I think they can no longer claim to be a
> non-profit organization "dedicated to the advancement of chemistry and
> crystallography for the public benefit..." (I am also not suggesting
> that I know this to be the case here).
>
> What exactly is the case here? I don't claim to know. I would hope that
> Dr. Hoffmann will publish all of his results from use of the CSD. At
> that point I would hope that the CCDC would not feel that algorithms or
> software that implements this public information is their intellectual
> property, unless developed within the CCDC. I will wait quietly and see
> what we learn over the months to come.
>
> Brian
>



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Favre-Nicolin Vincent
On jeudi 8 Juillet 2004 17:19, Alan Hewat wrote:
> They are informed of the statements made by individuals on this mailing
> list, but feel that on-going commercial negotiations are not a subject for
> public debate. Senior CCDC management, including the people in charge of
> the negotiations, are absent at meetings, and no further statement will be
> made until after the ACA meeting (26th July).

   I of course agree with you that the service of such databases is extremely 
valuable, sorry if this was not clear. But I still hope that their statement 
can clarify (at least approximately - I understand how delicate it would be 
to produce an official, legally binding document) how far "derived work" are 
considered as still being licensed. This is interesting far beyond 
Endeavour's fate. All crystallographers use databases to derive work.

So wait and see
-- 
Vincent Favre-Nicolin
Université Joseph Fourier
http://v.favrenicolin.free.fr
ObjCryst & Fox : http://objcryst.sourceforge.net



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Brian H. Toby
I have to agree with Vincent that I find aspects of CCDC's apparent 
actions troubling and warrant discussion even if all parties reach a 
happy agreement behind closed doors. If the CCDC claims partial 
ownership of everything derived from their database then how far does 
that go? Can they prevent someone from publishing an average bond 
distance mined from 10,000 structures? Do they require that the entire 
staff of the CCDC be included as coauthors?

Alan is correct that there is much that we do not know: What information 
has Dr. Hoffmann has supplied only to Crystal Impact and what 
information is in the public domain?

Since much is unclear, I will offer one possible argument on the CCDC's 
behalf. Academic researchers are given access to the CSD (and other) 
databases for academic (public) research at rates considerably reduced 
from that of commercial research. If someone makes a discovery from 
these "academic" facilities but rather than disclose it in the open 
literature, instead decides to use that information for private gain 
(either for the researcher or the employer's institution) then from my 
perspective this academic researcher/institution is "cheating" by paying 
academic rates, but performing commercial research. (I am not suggesting 
that I know this to be the case here).

The CCDC is a valuable resource to our scientific community. The CCDC 
should take all steps needed to protect their intellectual property -- 
which is their compilation of data (note anyone can compile their own 
data collection from the literature by "simply" typing in all the 
coordinates again), plus the wealth of tools they have built over the 
decades, as well as the comments and corrections they have created and 
include in their data collection. I think it reasonable that the CCDC 
forge agreements with organizations that would mine their data 
collection for profit.

If on the other hand, the CCDC works to prevent the open publication of 
research results that derive from their data collection, or uses their 
size to prevent companies from producing software that competes with 
their own products, then I think they can no longer claim to be a 
non-profit organization "dedicated to the advancement of chemistry and 
crystallography for the public benefit..." (I am also not suggesting 
that I know this to be the case here).

What exactly is the case here? I don't claim to know. I would hope that 
Dr. Hoffmann will publish all of his results from use of the CSD. At 
that point I would hope that the CCDC would not feel that algorithms or 
software that implements this public information is their intellectual 
property, unless developed within the CCDC. I will wait quietly and see 
what we learn over the months to come.

Brian


Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Alan Hewat

>I would really like to hear the other party, which is why I tried to list a 
>few possibilities under which the ccdc position would be understandable.

OK, I have contacted the CCDC for a statement, and they tell me that this is an issue 
that is being discussed between the interested parties, that their licensing rules are 
quite specific on "for-profit" use, and that they have already proposed a modest 
solution in keeping with their own not-for-profit status. 

They are informed of the statements made by individuals on this mailing list, but feel 
that on-going commercial negotiations are not a subject for public debate. Senior CCDC 
management, including the people in charge of the negotiations, are absent at 
meetings, and no further statement will be made until after the ACA meeting (26th 
July).

I propose then that we stop this discussion on an issue that concerns on-going 
negotiations between commercial companies and get back to science. I have tried to 
joke about these things, but I am personally annoyed at this continual sniping at 
organisations that on a non-profit basis are providing an essential service to the 
international crystallographic community.

Alan.

Dr Alan W. Hewat, Diffraction Group Leader.
Institut Laue-Langevin, BP 156X Grenoble FRANCE 38042
fax (33)4.76.20.76.48 tel (33)4.76.20.72.13 (or .26 Mme Guillermet) 
<[EMAIL PROTECTED]>  http://www.ill.fr/dif/AlanHewat.htm
___



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Richard Karnesky
What a fine debate Armel and Alan have given to us!
I can agree with Alan's point that the  CCDC would want a slice of the 
money that Crystal Impact would receive.  But Crystal Impact's statements 
didn't mention fiduciary gain being an issue.  I don't know if they 
accurately describe the situation, but would hope they would be crafty 
enough to release a "free plugin" or to follow Alan's suggestion of 
offering a modest sum to the CCDC for the value derived from their data. 
Or even offer to introduce Dr. Hoffman's work into CCDC's competing 
products.  Because it is also derived work, the CCDC may also have a 
problem with Dr. Hoffman publishing the potential (especially if it was a 
thinly veiled attempt to get around this conflict).  I would sincerely hope 
that such work could enter the literature, but there is nothing forcing the 
CCDC to allow this.

In any case, we should all learn a lesson from the effort Crystal Impact 
has apparently wasted developing functionality that they can't release: 
read those EULAs.  If there is any question, ask it before you develop!

--Richard Karnesky


Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Favre-Nicolin Vincent
On jeudi 8 Juillet 2004 12:07, Alan Hewat wrote:
> I am all in favour of a serious debate on this question, but now we have
> one commercial company criticising another without hearing from the other
> side. And responsible people advocating behaviour that may be illegal.

   I would really like to hear the other party, which is why I tried to list a 
few possibilities under which the ccdc position would be understandable.

> Databases are protected by European law. Their value is not just the
> isolated structures obtained by individual scientists, which are published
> for everyone to read, but the relations between these structures and the
> ability to search for, compare and derive relations between structures.
> Indeed Dr Putz has said as much.

   The parameters obtained from the database are an _extremely_ far derivation 
from the database itself. I am a strong defendant of intellectual property, 
but there has to be reasonable limits, which you do not seem to accept.

> You can argue as you will about the morality of having to pay for using
> databases. But the law says that a license for either CCDC or Endeavour is
> an agreement between two consenting parties. If the license says you can
> use the database/software for some things and not others, and you break
> that agreement, then you are breaking the law.

   This is only true if the license agreement is itself in agreement with the 
law and not overly broad. Do you really believe that every license agreement 
is a Word Of God ? If it says that CCDC has rights over _every_ derived 
works, it is too broad - period. If the CCDC does not (and I do _not_ know 
the actual policy, I hope they respond and quench this debate) want to 
acknowledge a limit to these derived works, then the _only_ way to determine 
the actual limit is in front of a court, unfortunately. Hence my suggestion : 
I am not very fond of legal litigation, but sometimes it is the only way to 
sort things out, and if things go the american way, it is the way of the 
future.

  But what do you think personnaly, Alan (an others) ? What limits would you 
put on the derived works of a database ? What is acceptable:

A) publishing all raw coordinates of all structures
B) publishing all interatomic distances in all structures 
C) publishing distributions (curves) of interatomic distances
D) publishing interatomic distances in a few (<10) structures
E) publishing an energetic law (with a few parameters) which was validated 
with information from the database
F) nothing.

   To me, A-B are clearly unacceptable, C-D should be at least tolerated in a 
scientific community, and E is clearly acceptable.

-- 
Vincent Favre-Nicolin
Université Joseph Fourier
http://v.favrenicolin.free.fr
ObjCryst & Fox : http://objcryst.sourceforge.net



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Armel Le Bail

Even Armel and I have to pay to eat...
And a brain works better if the stomach is not empty...
So, this story may have convinced you that people
working on proteins are lucky with that open PDB
database, that people working on nucleic acids are
lucky with that open NDB database, that people
working on minerals are lucky with that open AMCSD
database, and that you are unlucky to depend on CSD
and ICSD (and worst, to depend on ICDD).
It may be time to admit that depositing your data
to CSD and ICSD is not sufficient : continue to do so
but also send a copy of your CIF files to the open
COD database. This is legal.
Best regards,
Armel
 http://www.crystallography.net/


Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Alan Hewat

>...it's clearly an abuse and probably illegal...
>So just use the algorithm... and let them sue...

>> ...or better, publish the parameters (hint, hint)
>That's an excellent idea! I will forward it to Dr. Hofmann.

OK, I tried to keep this amusing, but this is getting serious. I am not in any way 
connected with either Crystal Impact or the Cambridge Crystallographic Data Centre 
CCDC, but I am responsible for this mailing list.

I am all in favour of a serious debate on this question, but now we have one 
commercial company criticising another without hearing from the other side. And 
responsible people advocating behaviour that may be illegal. 

Databases are protected by European law. Their value is not just the isolated 
structures obtained by individual scientists, which are published for everyone to 
read, but the relations between these structures and the ability to search for, 
compare and derive relations between structures. Indeed Dr Putz has said as much.

You can argue as you will about the morality of having to pay for using databases. But 
the law says that a license for either CCDC or Endeavour is an agreement between two 
consenting parties. If the license says you can use the database/software for some 
things and not others, and you break that agreement, then you are breaking the law. 
Just don't use the database/software if you don't agree with the conditions. Use the 
published literature or free software (and no, that does not mean simply copying 
individual structures or computer code from other databases/programs :-)

The facts as I understand them are:

1) Both Crystal Impact and CCDC are commercial companies who charge a fee for their 
products.
2) CCDC is also a non-profit organisation that works closely with IUCr and is 
essential to the international crystallography community.
4) Both Crystal Impact and CCDC sell software to solve structures from powder data; 
CCDC also have the cost of assembling the data from the literature, while Crystal 
Impact simply use results obtained from CCDC's data collection.
5) Dr Hofmann has presumably entered into an agreement (contract or license) with CCDC 
to allow him to use their collection of data for specific scientific purposes, but not 
I suppose for commercial purposes. He has paid a fee for the right to use this 
database for that purpose.
6) Crystal Impact have apparently entered an agreement with Dr Hofmann to allow them 
to use his excellent work for commercial benefit. I do not know if any fee has been 
proposed, but that would be the usual practice.

The correct procedure is for Crystal Impact to contract with CCDC for the use of the 
database for a mutually agreed fee, such that both companies profit, as well as 
ordinary scientists like you and me (who are mostly paid salaries, just like the 
people who work for these companies :-)

Even Armel and I have to pay to eat... which reminds me that it is lunchtime again :-)

Alan.

Alan Hewat, ILL Grenoble, FRANCE  <[EMAIL PROTECTED]> fax (33) 4.76.20.76.48
(33) 4.76.20.72.13 (.26 Mme Guillermet) http://www.ill.fr/dif/AlanHewat.htm 
___



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Dr. Holger Putz
> ...or better, publish the parameters (hint, hint)
That's an excellent idea! I will forward it to Dr. Hofmann.

Thank you!
Holger

***
Dr. Holger Putz
Crystal Impact
Dr. K. Brandenburg & Dr. H. Putz GbR
Postfach 12 51
53002 Bonn
Germany

Tel . : +49-228-9813643
Fax   : +49-228-9813644
E-mail: [EMAIL PROTECTED]
Web   : http://www.crystalimpact.com
***



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Favre-Nicolin Vincent
On jeudi 8 Juillet 2004 10:37, Dr. Holger Putz wrote:
> > (i) if the parameters are not just a few numbers derived from the
>
> database,
>
> > but are a significant part of the database (like a list of all
> > interatomic distances in the database)
> > (ii) if part of the study was directly paid by the CCDC

> Neither (i) nor (ii) apply in this case. Nevertheless, according to Dr.
> Hofmann, the CCDC claims a right on all information/data which have been
> derived from the CSD database in the database licensing conditions. Perhaps
> we (Crystal Impact) should claim a right on all crystal structures which
> have been solved using Endeavour.. ;-))

   Even if they have included such a claim, it's clearly an abuse and probably 
illegal when the "derived" information is *so*far* from the original data. 
Not sure at all if a court would rule in their favor. So just use the 
algorithm (or better, publish the parameters (hint, hint)) and let them 
sue...

Vincent
-- 
Vincent Favre-Nicolin
Université Joseph Fourier
http://v.favrenicolin.free.fr
ObjCryst & Fox : http://objcryst.sourceforge.net



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Dr. Holger Putz
> (i) if the parameters are not just a few numbers derived from the
database,
> but are a significant part of the database (like a list of all interatomic
> distances in the database)
> (ii) if part of the study was directly paid by the CCDC

> But if neither (i) or (ii) are true, i.e. there are just a few parameters
> derived from a bought copy of the database, then this is a clear abuse of
the
> data. What next ? Will we have to pay royalties every time a new structure
is
> solved using some information mined from the database ???

> I understand the will to protect copying raw data from the database, but
NOT
> derived information. This is the kind of abuse of intellectual property
that
> is damaging to innovation and algorithms improvement, disregarding the
> commercial/open-source nature of the software. I'm not even sure it's
legal
> to pretend 'owning' such parameters, unless we are in case (i) or (ii).

Neither (i) nor (ii) apply in this case. Nevertheless, according to Dr.
Hofmann, the CCDC claims a right on all information/data which have been
derived from the CSD database in the database licensing conditions. Perhaps
we (Crystal Impact) should claim a right on all crystal structures which
have been solved using Endeavour.. ;-))

Holger

***
Dr. Holger Putz
Crystal Impact
Dr. K. Brandenburg & Dr. H. Putz GbR
Postfach 12 51
53002 Bonn
Germany

Tel . : +49-228-9813643
Fax   : +49-228-9813644
E-mail: [EMAIL PROTECTED]
Web   : http://www.crystalimpact.com
***



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Favre-Nicolin Vincent
On mercredi 7 Juillet 2004 08:28, Dr. Holger Putz wrote:
> > The algorithm is in the literature, so why prevent
> > the implementation of it in software?
>
> It is true, the algorithm is in the literature; unfortunately, the exact
> form of the potential and especially its parameters have not been published
> yet. These parameters (which have been extracted from the CSD structures by
> Dr. Hofmann throughout several years of work and extensive computer
> calculations) are the actual valuable information, though...

   This is really strange. Of course, I do not know all of the details about 
the un-publishable data. I see only two possibilities which could technically 
justify (although it would still be stupid IMHO) such a restriction :

(i) if the parameters are not just a few numbers derived from the database, 
but are a significant part of the database (like a list of all interatomic 
distances in the database)
(ii) if part of the study was directly paid by the CCDC

  But if neither (i) or (ii) are true, i.e. there are just a few parameters 
derived from a bought copy of the database, then this is a clear abuse of the 
data. What next ? Will we have to pay royalties every time a new structure is 
solved using some information mined from the database ???

  I understand the will to protect copying raw data from the database, but NOT 
derived information. This is the kind of abuse of intellectual property that 
is damaging to innovation and algorithms improvement, disregarding the 
commercial/open-source nature of the software. I'm not even sure it's legal 
to pretend 'owning' such parameters, unless we are in case (i) or (ii).

VIncent
-- 
Vincent Favre-Nicolin
Université Joseph Fourier
http://v.favrenicolin.free.fr
ObjCryst & Fox : http://objcryst.sourceforge.net



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Alan Hewat

>"Stellar example", wow.

Well. an American wrote that :-) You and I would be more modest Armel :-)

>...such debates are mute and go nowhere;

Hmm. That's a moot point, but let's meet half way; 
I agree that in such debates it may be better to remain mute.

Alan.

Alan Hewat, ILL Grenoble, FRANCE  <[EMAIL PROTECTED]> fax (33) 4.76.20.76.48
(33) 4.76.20.72.13 (.26 Mme Guillermet) http://www.ill.fr/dif/AlanHewat.htm 
___



Re: Next Endeavour version without Hofmann potential

2004-07-08 Thread Radovan Cerny




Ludwig,

defending the ideals is the best thing one can do in his life. With the pragmatic
view, you propose, we would stay till nowadays "on the trees eating bananas".

Radovan

Ludwig Keller a écrit:

  
Armel: as in the past such debates are mute and go nowhere; these days, fame and
fortunes are gained by those who copy the fastest and most efficiently or as one
of your most brilliant countrymen, H. Balzac, put it: "behind every fortune
there is a crime"; once you accept this you can go on with life... and don't
have to waste your time defending ideals which seem to be a thing of the past;

L. Keller




Armel Le Bail <[EMAIL PROTECTED]> on 07/07/2004 05:23:06 AM

Please respond to [EMAIL PROTECTED]

To:   [EMAIL PROTECTED]
cc:



  
  
"Your operating model... is a stellar example of how one might integrate
with MySQL while still adhering to confines of the GPL or in other words,
managing to keep your product open source".

  
  
Thanks for the confirmation.
Exactly what I said : advertisement for extremely good
commercial products. "Stellar example", wow. Sure, nothing
is comparable, the product has not any competitor. Only
one star in the sky. You cannot look elsewhere. The star is
the most brilliant one. Impossible to be disappointed.

Adding 2 more cents about the possibility for a special
treatment in scientific journals of these manuscripts which
are totally devoted to the presentation of a commercial
software or of a commercial database (any commercial
product, including the NIST standard reference materials,
diffractometers, etc).

If all these papers in scientific journals on commercial software,
which you will never be able to afford, were paid as advertisement
pages by the software vendors, this would decrease the cost
of the journals for all peoples. In a sense, the mass is paying
for the advertisements of Acelrys (etc). Just like if your newspaper
was full of advertisements for Porsche, Ferrari, BMW and Mercedes
cars (not any french car here) and like if the cost of a sample of the
newspaper was including the cost of these advertisement pages.
We all know that without advertisments, these newspapers would
be 3 or 4 times more expensive.

Advertisements is the rule for the presentation of diffractometers
and so on, why not for  any commercial product, including the software
and databases ? Including the FIZ-Karlsruhe-NIST-ICSD stellar
example ?

I just try to help to make a more clear difference between
the knowledge traditionally shared between scientists,
without restriction, and the money-making knowledge
sold by companies having sometimes a "you can't do this
for that" language.

Armel









  


-- 
Radovan Cerny  
Laboratoire de Cristallographie
24, quai Ernest-Ansermet  
CH-1211 Geneva 4, Switzerland
Phone  : [+[41] 22] 37 964 50, FAX : [+[41] 22] 37 961 08
mailto : [EMAIL PROTECTED]
URL: http://www.unige.ch/sciences/crystal/cerny/rcerny.htm







Re: Re: Next Endeavour version without Hofmann potential

2004-07-07 Thread Dr. Holger Putz
> Armel: as in the past such debates are mute and go nowhere; these days,
fame and
> fortunes are gained by those who copy the fastest and most efficiently or
as one
> of your most brilliant countrymen, H. Balzac, put it: "behind every
fortune
> there is a crime"; once you accept this you can go on with life... and
don't
> have to waste your time defending ideals which seem to be a thing of the
past;

Well, there's this annoying achievement of mankind called "moral"...



Re: Next Endeavour version without Hofmann potential

2004-07-07 Thread Ludwig Keller


Armel: as in the past such debates are mute and go nowhere; these days, fame and
fortunes are gained by those who copy the fastest and most efficiently or as one
of your most brilliant countrymen, H. Balzac, put it: "behind every fortune
there is a crime"; once you accept this you can go on with life... and don't
have to waste your time defending ideals which seem to be a thing of the past;

L. Keller




Armel Le Bail <[EMAIL PROTECTED]> on 07/07/2004 05:23:06 AM

Please respond to [EMAIL PROTECTED]

To:   [EMAIL PROTECTED]
cc:



>"Your operating model... is a stellar example of how one might integrate
>with MySQL while still adhering to confines of the GPL or in other words,
>managing to keep your product open source".

Thanks for the confirmation.
Exactly what I said : advertisement for extremely good
commercial products. "Stellar example", wow. Sure, nothing
is comparable, the product has not any competitor. Only
one star in the sky. You cannot look elsewhere. The star is
the most brilliant one. Impossible to be disappointed.

Adding 2 more cents about the possibility for a special
treatment in scientific journals of these manuscripts which
are totally devoted to the presentation of a commercial
software or of a commercial database (any commercial
product, including the NIST standard reference materials,
diffractometers, etc).

If all these papers in scientific journals on commercial software,
which you will never be able to afford, were paid as advertisement
pages by the software vendors, this would decrease the cost
of the journals for all peoples. In a sense, the mass is paying
for the advertisements of Acelrys (etc). Just like if your newspaper
was full of advertisements for Porsche, Ferrari, BMW and Mercedes
cars (not any french car here) and like if the cost of a sample of the
newspaper was including the cost of these advertisement pages.
We all know that without advertisments, these newspapers would
be 3 or 4 times more expensive.

Advertisements is the rule for the presentation of diffractometers
and so on, why not for  any commercial product, including the software
and databases ? Including the FIZ-Karlsruhe-NIST-ICSD stellar
example ?

I just try to help to make a more clear difference between
the knowledge traditionally shared between scientists,
without restriction, and the money-making knowledge
sold by companies having sometimes a "you can't do this
for that" language.

Armel











Re: Next Endeavour version without Hofmann potential

2004-07-07 Thread Armel Le Bail

"Your operating model... is a stellar example of how one might integrate 
with MySQL while still adhering to confines of the GPL or in other words, 
managing to keep your product open source".
Thanks for the confirmation.
Exactly what I said : advertisement for extremely good
commercial products. "Stellar example", wow. Sure, nothing
is comparable, the product has not any competitor. Only
one star in the sky. You cannot look elsewhere. The star is
the most brilliant one. Impossible to be disappointed.
Adding 2 more cents about the possibility for a special
treatment in scientific journals of these manuscripts which
are totally devoted to the presentation of a commercial
software or of a commercial database (any commercial
product, including the NIST standard reference materials,
diffractometers, etc).
If all these papers in scientific journals on commercial software,
which you will never be able to afford, were paid as advertisement
pages by the software vendors, this would decrease the cost
of the journals for all peoples. In a sense, the mass is paying
for the advertisements of Acelrys (etc). Just like if your newspaper
was full of advertisements for Porsche, Ferrari, BMW and Mercedes
cars (not any french car here) and like if the cost of a sample of the
newspaper was including the cost of these advertisement pages.
We all know that without advertisments, these newspapers would
be 3 or 4 times more expensive.
Advertisements is the rule for the presentation of diffractometers
and so on, why not for  any commercial product, including the software
and databases ? Including the FIZ-Karlsruhe-NIST-ICSD stellar
example ?
I just try to help to make a more clear difference between
the knowledge traditionally shared between scientists,
without restriction, and the money-making knowledge
sold by companies having sometimes a "you can't do this
for that" language.
Armel



Re: Next Endeavour version without Hofmann potential

2004-07-07 Thread Alan Hewat


My initial subject line was :
"Where we go with monopolistic licensed databases
?
I'm disappointed. After all the thunder we end up with French
cuisine.
The CNRS... have adapted (the GPL
Gnu Public Licence) 
and open source software licence to the french law sauce
:
You can't "adapt" a law or a license - either you obey it or
you don't. We have heard so much about the evils of
"monopolistic" databases that I would like to quote what MySQL
wrote recently about the use of their product for the Inorganic Crystal
Structure Database (ICSD).
"Your operating model... is a stellar example of how one might
integrate with MySQL while still adhering to confines of the GPL or in
other words, managing to keep your product open source".
But it's almost time for lunch. Alan.


Alan Hewat, ILL Grenoble, FRANCE  <[EMAIL PROTECTED]> fax (33)
4.76.20.76.48
(33) 4.76.20.72.13 (.26 Mme Guillermet)
http://www.ill.fr/dif/AlanHewat.htm

___




Re: Next Endeavour version without Hofmann potential

2004-07-07 Thread Armel Le Bail
Hi,
My initial subject line was :
"Where we go with monopolistic licensed databases ?
A bad example below..."
It was changed automatically by the ILL mail server,
replacing it by the subject of the forwarded email about Endeavour.
So, if some results obtained from these monopolistic
databases are now only usable by those having the
database licence, then the question is what next ?
Will some solutions obtained from commercial software
be disclosed only to those having paid the same
licence software ? Etc.
I may also play the role of the devil attorney and add my
two cents :
Pushing the commercial logic to the extreme may suggest
that any publication about a commercial software or
database is in fact an advertisement and should be treated
as such by the editor. So, the CCDC (etc) or Crystal Impact or
Accelrys should have paid the IUCr for making these large
number of page advertisements about DASH, ENDEAVOUR,
POWDERSOLVE, XCELL, etc, etc in the J. Appl. Cryst.
(and see that whole special issue about databases in Acta
Cryst. B58 part 3 number 1). All these "papers" praise the merits
of commercial products (and generally the not surprising
conclusions are that they are quite good ;-). Well, no problem,
advertisements about food are paid by the consumers, this is
well known, so that the costs of these advertisement pages
would be reported on the software and database costs.
Is that not a good idea ?
Armel
PS - The CNRS has pull on the shoe of the GPL (Gnu Public
Licence) and open source software. They have adapted the
licence to the french law sauce :
http://www.sg.cnrs.fr/daj/3propriete/licencelogiciel.htm


Re: Next Endeavour version without Hofmann potential

2004-07-06 Thread Dr. Holger Putz
> The algorithm is in the literature, so why prevent
> the implementation of it in software?
It is true, the algorithm is in the literature; unfortunately, the exact
form of the potential and especially its parameters have not been published
yet. These parameters (which have been extracted from the CSD structures by
Dr. Hofmann throughout several years of work and extensive computer
calculations) are the actual valuable information, though...

Holger Putz

***
Dr. Holger Putz
Crystal Impact
Dr. K. Brandenburg & Dr. H. Putz GbR
Postfach 12 51
53002 Bonn
Germany

Tel . : +49-228-9813643
Fax   : +49-228-9813644
E-mail: [EMAIL PROTECTED]
Web   : http://www.crystalimpact.com
***



Re: Next Endeavour version without Hofmann potential

2004-07-06 Thread Hewat Alan
> this debate is just too good to ignore.

Yeah. I'm till waiting for Armel's other shoe to drop :-)

> The algorithm is in the literature, so why prevent
> the implementation of it in software?

I guess that if Crystal Impact are going to make money out of it,
then CCDC might want a slice of that. Seems fair enough to me :-)

Alan.





Re: Next Endeavour version without Hofmann potential

2004-07-06 Thread Richard Karnesky
I was just going to announce my change of email address (I had previously 
contacted some members off-list with [EMAIL PROTECTED] & had been 
subscribing though a free webmail account), but this debate is just too 
good to ignore.

Endeavour looks good, but it is commercial and costs 1000 to 2000 Euro
plus tax for a single licence for one individual unit.
I am with Armel on this one.  The algorithm is in the literature, so why 
prevent the implementation of it in software?  I'm surprised the EULA of 
the CSD is so restrictive as to prevent not only the copying of raw data, 
but also the use of results obtained (in part) from their data.  They rely 
on scientists to populate their database, but then prevent scientists from 
tasks which should fall under the heading of "Fair Use."  The fact that 
Endeavour is commercial seems to have little bearing--it sounds as if this 
restriction would also apply to free software.

Is there anything to prevent a perspicacious individual from using the open 
databases and any other crystallographic data they can scrounge to come up 
with a similar potential?  And if the CSD is willing to prevent the 
replication (and hence verification) by the "unlicensed masses," what other 
restrictions do users live with?

Rick
--
Richard Karnesky
Northwestern University
[EMAIL PROTECTED]


Re: Next Endeavour version without Hofmann potential

2004-07-06 Thread Alan Hewat


A bad example
below...
Endeavour looks good, but it is commercial and costs 1000 to
2000 Euro plus tax for a single licence for one individual unit. This
may be a fair price, but given what you said in the past about not
wanting to pay much smaller amounts for the databases on which it
depends, I am surprised that you take sides in this Armel :-) 
The serious users who are willing to pay this kind of money are probably
also willing to pay for the databases. Otherwise there are also free
versions of structure solution programs, some of which are even open
source, which I remember you also insist upon.
Alan.


Alan Hewat, ILL Grenoble, FRANCE  <[EMAIL PROTECTED]> fax (33)
4.76.20.76.48
(33) 4.76.20.72.13 (.26 Mme Guillermet)
http://www.ill.fr/dif/AlanHewat.htm

___




Next Endeavour version without Hofmann potential

2004-07-06 Thread Armel Le Bail
A bad example below...
Armel
==
From: "Crystal Impact" <[EMAIL PROTECTED]>
To: "Crystal Impact Customers" <[EMAIL PROTECTED]>
Date: Tue, 6 Jul 2004 11:11:01 +0200
Dear customers,
in our previous e-mail (dated June 26, 2004) we announced the next Endeavour
version 1.3 to include the so-called "Hofmann-potential" for structure
solution. This potential has been derived by Dr. Detlef Hofmann (University
of Frankfurt, Germany) from crystal structure data obtained from the
well-known Cambridge Structural Database (CSD), produced by the CCDC
(Cambridge Crystallographic Data Centre). The potential and its excellent
results in the structure predicition for rigid organic molecules is
described in several scientific papers, e.g. [1-3].
[1] D. Hofmann, T. Lengauer, Acta Cryst. A53, 225 (1997).
[2] J. Apostolakis, D.W.M. Hofmann, T. Lengauer, Acta Cryst. A57, 442
(2001).
[3] D.W.M. Hofmann, J. Apostolakis, J.Mol.Struc.(Theochem) 647, 17 (2003).
Supported by Dr. Hofmann, we have implemented the potential in autumn last
year and succesfully tested it since then.
Yesterday we received an e-mail from Dr. Hofmann indicating that the CCDC
will not allow the distribution of the potential to people which are not
licensees of the CSD, due to the fact that the potential has been derived
from CSD data. Since we cannot check if customers have a CSD license (at
least not in context with a "minor update" of Endeavour version 1.2 to 1.3
which can be downloaded by everyone for free), we have to discard using the
Hofmann-potential for the time being.
The remaining enhancement in the next Endeavour version is an improved
calculation of the pattern difference, leading to higher structure solution
success rates especially for crystal structures consisting of single atoms.
Compared to the inclusion of the Hofmann-potential, this is a minor
improvement, so we decided to call the new Endeavour version "1.2c" instead
of "1.3". The new Endeavour version 1.2c will be released on July 23, 2004
as announced.
Please apologize for this inconvenience
K. Brandenburg & H. Putz
***
Crystal Impact
Dr. K. Brandenburg & Dr. H. Putz GbR
Postfach 12 51
53002 Bonn
Germany
Tel . : +49-228-9813643
Fax   : +49-228-9813644
E-mail: [EMAIL PROTECTED]
Web   : http://www.crystalimpact.com
***