The Final Details (Re: APC, Your......!) NOW STOP!!!!!!!!

Andre M. Hedrick (hedrick@astro.dyer.vanderbilt.edu)
Tue, 20 Oct 1998 08:58:22 -0500 (CDT)


On 20 Oct 1998, Henning P. Schmiedehausen wrote:

>
> >Mike A. Harris - Computer Consultant - Linux advocate
>
> "narrow minded idiot without a clue" would be better fitting.

WAIT!!! Mike may have lessions of tact to learn, but at one time I earned
the title as "tactless wonder". But, name calling is not needed here.
Mike made an honest mistake in trying to do the right thing.
I disagree with his methods, but at heart he may have been trying to do
IHHO the right thing. Yes, believe it or not I am trying to shield Mike.
I am the one offended, and I have forgiven him for his actions.

I am extending the hand on healing. It was wrong for all of us to act so
childish (us includes me).

Does everyone recall my mistake on the IDE-SCSI issue?
The pissing contest from all sided all but halted kernel developmnet.
Again I did not realize the issue I stuck my nose into.

SO EVERYONE WANTS THE DETAILS OF MY BUSINESS!!!!!!!!!!!!

I have documentation that proves that everything that I based my ideas
from has never been GPL'ed. I first read about UPS in the HOW-TO's.
If there is a direct not implied GPL license with respect to information,
then my point is moot and I really have none. The second reference source
of information was reading thtough "apcd-0.5" which was 'never' GPLed at
the time it was found. Since it was published as free information,
this has been confirmed with the author in writing, it is considered
general knowledge by FSF/GNU. This is semi-official ruling.......

I all but single handedly gave APC a linux client base. The idea was to
use market share as a modivation to have APC grant 'apcupsd' an unrestricted
license to use of their 'UPSlink Protocol'. Since everyone knows how to
decode the communication protocol, it should be a non-issue. What is
really at hand is the network-sharing protocol I designed. This has
never-ever been made GPL by me. If what you really are interested in is
the 'UPSlink', I have no problem sharing that information. Since the
network is the heart and soul of the issue, I want to protect the interest
of many people at hand.

If you can not wait and push this issue, we all lose...........

Since I can not longer publish binaries for linux, I can not give people
the error fixes that I know were the cause of the core-dumps under RedHat
5.1 in the past. If everyone will agree to ease up on me, I will
countinue as before. This has really caused me to look at developing
packages like this in the future.

I was trying to be careful, but not enough.

The real issue is that Pavel K is working side by side with me. So
everyones whinning GPL issue is a wash in reality. Since everyone
is not listening to the facts and yelling buy lemmings, until I can get
people to listen, there is no other position to take even through I am
right in all issues.

************** FINAL NOTE *****************

If everyone will stop hammering me and APC and anything related to the
problems at hand, I will again publish binaries with the latest fixes.

Before you to reply to this issue and contest the decision I am making,
you better prove the following:

PROVE that "UPS-HOWTO-8.html" is a GPL document.

I challenge that it is a public record that is equal to an article found
in a magazine, paper, book, general knowledge.

PROVE that "apcd-0.5.tar.gz" is a GPL project.

Below is the direct copy of its license.

/*
* apcd.c - Daemon for the APC Smart UPS
*
* Copyright (c) 1995 Pavel Korensky
* All rights reserved.
*
* Permission is hereby granted, without written agreement and without
* license or royalty fees, to use, copy, modify, and distribute this
* software and its documentation for any purpose, provided that the
* above copyright notice and the following two paragraphs appear in
* all copies of this software.
^^^^^^^^^^^^^
defines "apcd" only specifically.

NOTE that I care this information in my package to document and give credit.

*
* IN NO EVENT SHALL PAVEL KORENSKY BE LIABLE TO ANY PARTY FOR
* DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT
* OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF PAVEL
* KORENSKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
*
* PAVEL KORENSKY SPECIFICALLY DISCLAIMS ANY WARRANTIES,
* INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
* AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS
* ON AN "AS IS" BASIS, AND PAVEL KORENSKY HAS NO OBLIGATION TO
* PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
*/

Agains since Pavel is working with me on the project, I see that you
(all that are protesting me) have not a reason to do so, nor do you have
the legal ground to stand upon with this issue.

Lastly, any more legal contests or questions of the issue will now be
foward to the General Council at Vanderbilt University. Since I have had
to inform the Office of Technology Transfer of this issue. They see a
need to seek General council. I no longer control this issue at large.

Regards,
Andre Hedrick
The IDE-FNG for Linux
The APC UPS Specialist for Linux

http://www.dyer.vanderbilt.edu/server/udma/
http://www.dyer.vanderbilt.edu/server/apcupsd/ SUSPENDED

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