Re: [cobalt-users] OSRCD (slightly off topic?)

["SteelHead" <bill@xxxxxxxxxxxxxxx>]

----- Original Message -----
From: "Gerald Waugh" <gwaugh@xxxxxxxxxxxxxxxxxxxxxxx>
To: <cobalt-users@xxxxxxxxxxxxxxx>
Sent: Saturday, November 09, 2002 9:30 AM
Subject: [cobalt-users] OSRCD (slightly off topic?)


> Hi,
>
> Sun has sent us (frontstreetnetworks.com / raqware.com) notice
> requesting that we can no longer provide our OSRCD service.
>
> They claim we are selling their software at a profit!
>
> I maintain (and my lawyer concurs) that the software we put on an OSRCD is
> freely available on the Internet. Anyone can download the software and
build
> his/her OSRCD.
>
> We are not selling the software we are selling a service!
>
> The service we provide is;
> 1) We download latest Sun/Cobalt iso for a product.
> 2) We download all the latest patches.
> 3) We modify the partition table on, Qube1/2, RaQ1/2/3/4 to make larger
>     '/' and '/var' partitions. (later systems have larger partitions)
> 4) We download the third party patches that a client request.
> 5) We build an OSRCD iso that includes all the current sun/cobalt patches,
>     and the third party pkgs the client requested!
> 6) We test the OSRCD on an actual server to insure that it works properly!
>     (I might add, we have never had an issue with the CD's)
> 7) We send the OSRCD to the client.
>
> And we do NOT sell them on ebay!
>
> We do all this for $50.00 + shipping, we might be breaking even on the
> service!
>
> What do you think?
> Does Sun/cobalt have a complaint?
>
> --
> Gerald Waugh
> http://frontstreetnetworks.com         http://raqware.com
> Front Street Networks LLC   Phone: +1 203 785 0699
> 229 Front Street, Ste. C, New Haven CT 06513-3203


I read all replies to ths up to this timestamp, Saturday, November 09, 2002
2:02 PM.  I am in PDT so go from there.

The absolute issue is this:  Sun owns the copyright to all software created
by any official the sun/cobalt teams.  If you provide a CD containing this
software they have the right to all profits because without thier software
you have nothing useful.  Because there is a basis for some fair use and
copying due to the GNU etc licenses involved, you have some rights, but not
a right to any profits on "thier" code.  It is sticky and definitely an
issue for a lawyer from the EFF.

Nobody seemed to mention this fact, and it is the basis of Sun's claim.
Remember, they have the right to do as they see fitwith thier software.

There may be ways to evade the issue such as creating a script that will ask
for the original cdrom (or a copy) and then a second cdrom containing all
patches up to blah date, you may have a chance.  You charge the $50.00,
asking say $0.01 to $5.00 for a copy of the os, another similar charge for
the pkgs, and sat $40.00 to $49.98 for the disk containing your scripts.

Work with the folks at Sun, they might accept it from this point of view.

Just Gibberish.

Bill