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



> 
> 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.

So? It's still their software and they can license it as they see fit. I
suggest you ask your lawyer if he will not charge you if it goes to
court and you lose.

> 
> We are not selling the software we are selling a service!

Then take their software off of your CD and sell the 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.

Have them send you the server and do the installations. You couldn't
provide the service the way you are doing it now without copying Sun's
copyrighted software.

> 
> 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?

I suggest you consult a lawyer familiar in trademark and copyright
issues. I'm sure the Connecticut Trial Lawyers Association in Hartford
can suggest several probably in the Elm City or down the road in
Stamford.
-- 
Dan Kriwitsky

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