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<!-- received="Sun Jun 7 08:14:50 1998 PDT" -->
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<!-- sent="Sun, 7 Jun 1998 17:13:57 +0200 (MET DST)" -->
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<!-- name="Rogier Wolff" -->
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<!-- email="R.E.Wolff@BitWizard.nl" -->
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<!-- subject="Re: Scanace NDA for your perusal." -->
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<!-- id="199806071513.RAA02954@cave.BitWizard.nl" -->
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<!-- inreplyto="Pine.LNX.3.96.980606202913.930B-100000@asimov.hvdkooij.dyn.ml.org" -->
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<title>sane-devel: Re: Scanace NDA for your perusal.</title>
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<h1>Re: Scanace NDA for your perusal.</h1>
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<b>Rogier Wolff</b> (<a href="mailto:R.E.Wolff@BitWizard.nl"><i>R.E.Wolff@BitWizard.nl</i></a>)<br>
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<i>Sun, 7 Jun 1998 17:13:57 +0200 (MET DST)</i>
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<p>
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<ul>
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<li> <b>Messages sorted by:</b> <a href="date.html#57">[ date ]</a><a href="index.html#57">[ thread ]</a><a href="subject.html#57">[ subject ]</a><a href="author.html#57">[ author ]</a>
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<!-- next="start" -->
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<li> <b>Next message:</b> <a href="0058.html">Florian Centler: "Highscreen HighScan and microtek2-backend"</a>
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<li> <b>Previous message:</b> <a href="0056.html">Pkirchg@aol.com: "xhp backend V0.63"</a>
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<!-- nextthread="start" -->
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<li> <b>Next in thread:</b> <a href="0062.html">Hugo van der Kooij: "Re: Scanace NDA for your perusal."</a>
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<li> <b>Reply:</b> <a href="0062.html">Hugo van der Kooij: "Re: Scanace NDA for your perusal."</a>
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<!-- reply="end" -->
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</ul>
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<!-- body="start" -->
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Hugo van der Kooij wrote:<br>
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<i>> </i><br>
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<i>> On Sat, 6 Jun 1998, Dave Restall - System Administrator wrote:</i><br>
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<i>> </i><br>
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<i>> > Hi,</i><br>
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<i>> > </i><br>
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<i>> > Attached is the NDA in PDF format. Apart from it having a few minor</i><br>
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<i>> > problems in the translation to English, it seems ok. I have a few</i><br>
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<i>> > reservations about one of the phrases :-</i><br>
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<i>> > </i><br>
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<i>> > Paragraph 2 : "...Confidant will not create new or derivative works, or</i><br>
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<i>> > manufacture on the basis of the PIE information"</i><br>
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<i>> > </i><br>
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<i>> > Isn't the driver a "derivative work" ?</i><br>
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<i>> </i><br>
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<i>> YES. In the sense that you 'manufacture' a driver based on the PIE</i><br>
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<i>> information. The best source for this is still their legal department.</i><br>
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<p>
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<p>
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Hugo, (and Dave) read the NDA. This clause is meant to prevent the<br>
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information from spreading:<br>
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<p>
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You claim to need the information for THIS, and then start also using<br>
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it for THAT. <br>
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<p>
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In this case "THIS" is defined as "writing and maintaining a SANE<br>
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driver for the PIE scanner". (The stuff in the NDA is slightly<br>
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convoluted. I suggest you (Dave) propose this as a replacement) "THAT"<br>
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could be something like developing an NT driver for the things. Or<br>
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writing a driver for a competing MS product, when they have promised<br>
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MS not to allow that to happen. <br>
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<p>
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Dave, it is perfectly normal that you have a few iterations about a<br>
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"contract" before both parties like it. By the time they are editing<br>
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contracts, they are sufficiently interested that they won't back out<br>
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on a "hey, if I read this carefully, it prevents me from doing what we<br>
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agreed on I'd be doing". <br>
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<p>
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<p>
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<p>
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<i>> Make a small list of questions they only have to answer with Yes or No and</i><br>
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<i>> let them sort it out.</i><br>
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<i>> </i><br>
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<i>> The questions that pop up are:</i><br>
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<i>> </i><br>
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<i>> 1. May a driver be developed based on this information?</i><br>
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<p>
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Yes. The paragraph before article one says so. <br>
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<p>
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<i>> 2. May a third party use this driver without the author of the driver</i><br>
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<i>> informing PIE or have that third party sign a similar NDA agreement?</i><br>
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<p>
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Yes. The information that PIE gives Dave is restricted. The NDA says<br>
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that the purpose of PIE giving information to dave is specifically to<br>
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develop the SANE driver. <br>
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<p>
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<i>> 3. May a third party have access to source code of this driver without</i><br>
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<i>> the author of that driver informing PIE or have that third party sign a</i><br>
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<i>> similar NDA agreement?</i><br>
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<p>
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I think Dave has talked this over with PIE. If I'd suspect that they<br>
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are stupid and TELL me that they really know what GPL means, but in<br>
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fact would be surprised if I released source code, I'd just silently<br>
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go ahead, and wait for "trouble". In the current world, you cannot<br>
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claim that you don't know what GPL is. In case that you've been<br>
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confronted with it you should've found out what it means and that's<br>
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"readily available".<br>
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<p>
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Clause 7.3 says that the Taiwan law will apply. Everybody wants their<br>
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local law to apply. Just say that this is unfair to you and that you'd<br>
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rather have it that YOUR local law would apply. But you recognize that<br>
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this would put them in the awkward situation. How about using a<br>
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law-system that is foreign to both of you. <br>
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<p>
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In that case I can recommend the Dutch law. "Fairness" and<br>
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"reasonable" are stuff that makes a difference over here. E.G. the guy<br>
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who had a contract in place that said he'd have to pay a penalty if he<br>
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didn't deliver his goods in time. Then some truck drivers started a<br>
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strike and he couldn't deliver. He did everything he could but wasn't<br>
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able to deliver on time. The penalty clause would've bankrupted him<br>
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instantly, but the courts ruled that he had done everything he<br>
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could.... <br>
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<p>
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<p>
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Roger.<br>
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<p>
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<pre>
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--
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If it's there and you can see it, it's REAL <a href="mailto:|___R.E.Wolff@BitWizard.nl">|___R.E.Wolff@BitWizard.nl</a> |
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<p>
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<pre>
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--
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</pre>
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<!-- body="end" -->
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<p>
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<ul>
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<!-- next="start" -->
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<li> <b>Next message:</b> <a href="0058.html">Florian Centler: "Highscreen HighScan and microtek2-backend"</a>
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<li> <b>Previous message:</b> <a href="0056.html">Pkirchg@aol.com: "xhp backend V0.63"</a>
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<!-- nextthread="start" -->
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<li> <b>Next in thread:</b> <a href="0062.html">Hugo van der Kooij: "Re: Scanace NDA for your perusal."</a>
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<li> <b>Reply:</b> <a href="0062.html">Hugo van der Kooij: "Re: Scanace NDA for your perusal."</a>
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<!-- reply="end" -->
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</ul>
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