Re: The end of NET? (was: [tw] Re: now Alternate Time Systems in TW- major thread drift.)
Morris, Sigh. My first reaction was to comply with your request, and I was just about to, but... to what end? I contacted Mark Laugesen through their public website, just as you can. If the object is to persuade for freer use of the system in question, it seems to me you stand a much better chance by starting a new conversation. Confronting anyone with a noncommittal response that they gave earlier is unlikely to help. You are a vocal proponent of the system they claim to have created, which I think they would find at least gratifying, even flattering. In many ways, you and they are on "the same side". I, on the other hand, have been mostly a (hopefully polite) critic. I've openly said that I think there are better (and apparently less encumbered) alternatives. If you want to be persuasive it seems likely that there will be a much better chance of good result if you contact them on your own behalf and express your interest in promoting the system they are themselves promoting. Don't see a reason for my continued involvement. If, on the other hand, you're starting from the position that this is inevitably headed toward a court contest (which you seem to welcome), not only will it be over a system that I have no personal interest in, but forgive me, there's some disincentive to my getting involved in a litigation war taking place on the far side of the planet and under an unfamiliar legal system not my own. When I gave you a copy of the prototype NET program, it was clearly labeled, in the comments/header, as a "prototype" and "not for distribution". I did that much largely as a favor to you personally, but also to be open about accommodating the preferences of others as well as my own. Thus far, I think I've complied fully with the express desires of any and all claiming rights to it, whether those rights are as the claimed creators or as members of the general public. It seems now that you're about to steer this in a direction that may cause me to regret even that degree of accommodation. If your intent is to start a legal battle over it, sorry, but it will be your battle, not anything I signed on for. I think this is an over-reaction to the situation. You want to promote this system. They want to promote this system. Having advocates publicly quarreling is not going to promote this system. Even though he did not contradict my interpretation of what's posted on their website, Mr. Laugesen expressed regret that the system could not be included in future versions, and said they need to get the licensing formalized so that this situation does not occur in the future. While not granting any clear way to proceed at this time, that's hardly a confrontational position. Why turn it into one? T. > > Well Tim, > > I am not prepared to leave it there; in limbo. Forward me a copy of > your correspondence (off list) with them and I will take up the > cause. It is their responsibility to clarify the situation once and > for all in the affirmative for us. > > My approach will be that I am, and will be, using and distributing the > NET time concept on a not-for-profit basis. I will give them due > credit for trademarks and copyright.(even though they have failed to > renew their copyright since 2006) > > If I don't hear otherwise then I am alternatively taking up their > offer as stated on their website to use NET for free and non- > commercial purposes, which includes, but not limited to, anything that > falls under the most broad not-for-profit definition. > > Further, I cannot, and will not, under any circumstances accept > responsible for what other people, who have been duly informed of the > legal rights involved might choose to to do with such information. If > they should see any abuse of their rights then they have recourse > under whatever laws may apply to whatever jurisdiction. > > While I believe that they may have legally obtained a copyright for > their web site and a trademark for their names, neither of these > extends to the fact that a 24 hour clock normally traverses 360 > degrees and that can be neither be copyrighted nor trademarked. > > Nor can anyone be prevented from drawing a connection between the 360 > degrees of the circle a 24 hour inscribes and discussing it and > broadcasting such ideas with complete freedom from restriction. > > My final arbitrator will be their own offer to the public to use New > Earth Time for free. Or I will see them in court whichever comes > first, since I have been there for similar reasons more often than > they have. > > Send me your correspondence, please > > Morris --~--~-~--~~~---~--~~ You received this message because you are subscribed to the Google Groups "TiddlyWiki" group. To post to this group, send email to TiddlyWiki@googlegroups.com To unsubscribe from this group, send email to tiddlywiki+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/TiddlyWiki?hl=en -
Re: The end of NET? (was: [tw] Re: now Alternate Time Systems in TW- major thread drift.)
On Jun 7, 10:46 am, rtimwest wrote: > As I said to them, I do not think there is any chance of widespread > adoption of a timekeeping system if explicit permission is required > for distribution OR commercial use. The response I received did not > point out any mis-interpretation. Well Tim, I am not prepared to leave it there; in limbo. Forward me a copy of your correspondence (off list) with them and I will take up the cause. It is their responsibility to clarify the situation once and for all in the affirmative for us. My approach will be that I am, and will be, using and distributing the NET time concept on a not-for-profit basis. I will give them due credit for trademarks and copyright.(even though they have failed to renew their copyright since 2006) If I don't hear otherwise then I am alternatively taking up their offer as stated on their website to use NET for free and non- commercial purposes, which includes, but not limited to, anything that falls under the most broad not-for-profit definition. Further, I cannot, and will not, under any circumstances accept responsible for what other people, who have been duly informed of the legal rights involved might choose to to do with such information. If they should see any abuse of their rights then they have recourse under whatever laws may apply to whatever jurisdiction. While I believe that they may have legally obtained a copyright for their web site and a trademark for their names, neither of these extends to the fact that a 24 hour clock normally traverses 360 degrees and that can be neither be copyrighted nor trademarked. Nor can anyone be prevented from drawing a connection between the 360 degrees of the circle a 24 hour inscribes and discussing it and broadcasting such ideas with complete freedom from restriction. My final arbitrator will be their own offer to the public to use New Earth Time for free. Or I will see them in court whichever comes first, since I have been there for similar reasons more often than they have. Send me your correspondence, please Morris On Jun 7, 10:46 am, rtimwest wrote: > Dirk, > > Please don't apologize, you write far better in English than I do in > any other language. > > I agree with you that the situation is unclear, and the response I got > did not help. > > I also regret that I cannot include NET in the final package. If they > clarify the IP situation, or adopt a real license, I will of course > reconsider then. > > As I said to them, I do not think there is any chance of widespread > adoption of a timekeeping system if explicit permission is required > for distribution OR commercial use. The response I received did not > point out any mis-interpretation. > > Best, > > Tim West > > On Jun 6, 11:10 am, Dirk Zemisch wrote: > > > Hallo rtimwest, > > > rtimwest schrieb am 04.06.2009 16:17 Uhr: > > > > I contacted the folks at New Earth Time through their web page about > > > the apparent conflict between the GPL(s), Creative Commons License, > > > and their copyright notice that states that explicit permission must > > > be obtained in order to "distribute" or use NET commercially. AFAIK, > > > the Creative Commons License allows commercial use, and the GPL does, > > > but with stipulations intended to ENSURE free distribution, not > > > restrict it. > > > English is not my native language (far from it), but I understand the > > statement on the NET website as focussed on 'commercialization', not > > distributing. But I'm fully agree with your arguments that this point > > needs a clear explanation from degree NET Ltd. > > > The used terminology ('The [...] concept is intellectual property of') > > doesn't sound like an invitation to use the concept. > > > > I received a short but polite response from Mark Laugesen, who has > > > "New Earth Time, Canberra" in his e-mail sig. He expressed some > > > interest in TiddlyWiki, and also expressed regret at the situation, > > > but made no concrete offers or promises to change anything. > > > In my humble opinion ist doesn't help - nor you for distributing the > > plugin, neither the propagation of NET. > > > > I'm not all all certain that they could make this stick- it seems to > > > me unlikely that dividing the day into 360 units is the sort of thing > > > that can be protected by copyright, although they can probably at > > > least do that with the name. The CONCEPT would only be patentable (in > > > theory) if there were no prior examples... but IANAL, and have no > > > vested interest in contesting their claims or promoting their idea > > > against their wishes. > > > I'm fully agree and I'm sure, that there are a lot of regions on earth > > where such concepts never will get a protection by law. > > > > Accordingly, the prototype program NETTimePlugin has been removed from > > > my accessible sites, even in it's pre-release form, even though it was > > > not linked to, to prevent any possibility of "distribution". > > > It's a pity! Again
Re: The end of NET? (was: [tw] Re: now Alternate Time Systems in TW- major thread drift.)
Dirk, Please don't apologize, you write far better in English than I do in any other language. I agree with you that the situation is unclear, and the response I got did not help. I also regret that I cannot include NET in the final package. If they clarify the IP situation, or adopt a real license, I will of course reconsider then. As I said to them, I do not think there is any chance of widespread adoption of a timekeeping system if explicit permission is required for distribution OR commercial use. The response I received did not point out any mis-interpretation. Best, Tim West On Jun 6, 11:10 am, Dirk Zemisch wrote: > Hallo rtimwest, > > rtimwest schrieb am 04.06.2009 16:17 Uhr: > > > I contacted the folks at New Earth Time through their web page about > > the apparent conflict between the GPL(s), Creative Commons License, > > and their copyright notice that states that explicit permission must > > be obtained in order to "distribute" or use NET commercially. AFAIK, > > the Creative Commons License allows commercial use, and the GPL does, > > but with stipulations intended to ENSURE free distribution, not > > restrict it. > > English is not my native language (far from it), but I understand the > statement on the NET website as focussed on 'commercialization', not > distributing. But I'm fully agree with your arguments that this point > needs a clear explanation from degree NET Ltd. > > The used terminology ('The [...] concept is intellectual property of') > doesn't sound like an invitation to use the concept. > > > I received a short but polite response from Mark Laugesen, who has > > "New Earth Time, Canberra" in his e-mail sig. He expressed some > > interest in TiddlyWiki, and also expressed regret at the situation, > > but made no concrete offers or promises to change anything. > > In my humble opinion ist doesn't help - nor you for distributing the > plugin, neither the propagation of NET. > > > I'm not all all certain that they could make this stick- it seems to > > me unlikely that dividing the day into 360 units is the sort of thing > > that can be protected by copyright, although they can probably at > > least do that with the name. The CONCEPT would only be patentable (in > > theory) if there were no prior examples... but IANAL, and have no > > vested interest in contesting their claims or promoting their idea > > against their wishes. > > I'm fully agree and I'm sure, that there are a lot of regions on earth > where such concepts never will get a protection by law. > > > Accordingly, the prototype program NETTimePlugin has been removed from > > my accessible sites, even in it's pre-release form, even though it was > > not linked to, to prevent any possibility of "distribution". > > It's a pity! Again for both - te concept and your implemtation. But I > understand your irritations and support this decision. > > Regards! > Dirk > -- > > signature.asc > < 1KViewDownload --~--~-~--~~~---~--~~ You received this message because you are subscribed to the Google Groups "TiddlyWiki" group. To post to this group, send email to TiddlyWiki@googlegroups.com To unsubscribe from this group, send email to tiddlywiki+unsubscr...@googlegroups.com For more options, visit this group at http://groups.google.com/group/TiddlyWiki?hl=en -~--~~~~--~~--~--~---