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[seul-edu] [Fwd: [lpenton@rm.com: RE: RM Connect - Copyright Infringement & Passing-Off]]



owner-seul-edu@seul.org wrote:

> From: Francis Tyers <spectre@harry-carlton.notts.sch.uk>
> To: seul-edu@seul.org
> Subject: [lpenton@rm.com: RE: RM Connect - Copyright Infringement & Passing-Off]
>
> On Mon, 05 Feb 2001 12:16:29 LISA PENTON wrote:
> Fran,
> Thank you for your prompt reply to my previous message. I am pleased to
> hear
> that no copying of RM software or intellectual property was intended. I
> also
> notice that you have removed the RM Connect logo from your Web-site, and
> therefore do not feel any need to take the matter further.
>
> Best of luck with your future software developments.
>
> Regards
> Lisa Penton
>
> -----Original Message-----
> From: Francis Tyers [mailto:spectre@harry-carlton.notts.sch.uk]
> Sent: 02 February 2001 12:01
> To: LISA PENTON
> Cc: borup@borup.com; rossigee@bigfoot.com; dof@chi.swan.ac.uk;
> codognato@btinternet.com
> Subject: Re: RM Connect - Copyright Infringement & Passing-Off
>
> Hi,
>
> Thanks for your concern, I have removed the offending images from the site.
> I would like to discuss the matter more fully with you, as it appears that
> you do not understand what we are trying to do, probably a simple mistake
> on your part :)
>
> I must assure you that the development of this software is not in any way
> "malicious"
> as you put it, and neither are we trying to "move in on your turf".
> Futhermore,
> we would _never_ attempt to pass off our product as your own, this appears
> to us
> a stupid idea, and would be very hard to justify, as you product runs on
> Windows NT,
> and ours runs on unix.
>
> I now realise how you may have got the "wrong end of the stick" so to
> speak,
> when we, or rather I said exact replica, I didn't mean "exact replica", but
> rather
> "work alike". This was a unforgivable error on my part, and I regret it.
>
> You must also realise that as of yet, no code has been written, and no
> interface
> design started, as most of us have been caught up in "real work", and will
> continue to
> be for the immediate future.
>
> I have forwarded this email to the rest of the group,
>
> We hope this problem can be resolved quickly,
>
> Fran
>
> On Thu, 01 Feb 2001 15:45:59 LISA PENTON wrote:
> >       Dear Mr Tyers,
> >       As the Product Marketing Manager responsible for the RM Connect
> > products and branding, I am writing to you concerning the message shown
> > below, which was forwarded to me yesterday.
> >
> >       > Date: Tue, 21 Nov 2000 12:29:13 +0000
> >       > From: Francis Tyers <spectre@harry-carlton.notts.sch.uk>
> >       > To: seul-edu@seul.org
> >       > Subject: RM Connect / OpenConnect
> >       >
> >       > Hi, any of you in the uk may have heard, or even use a network
> >       > management system caled RM Connect, normally, this is supplied
> > with RM hardware.
> >       > This product is aimed specifically at schools, IMO the ideas
> > behind it are good, and
> >       > it is very uesrfriendly, but the main problem is that it runs
> > on
> > top of NT :)
> >       > We are producing what will be an exact replica from the
> > frontend
> > point of
> >       > view,however, we are going to design so as it is modular, it
> > will
> > be able to
> >       > authenticate users in many different ways, e.g. NIS, LDAP,etc.
> >       >
> >       > It will be run on top of unix like operating systems, linux and
> > freebsd are
> >       > priority.
> >       >
> >       > If you would like any further information, or would like to
> >       > help out, please contact me.
> >       >
> >       > Francis Tyers
> >       >
> >       > [fran@thinkgeek.co.uk] [spectre@harry-carlton.notts.sch.uk]
> >       >
> >       > Please send to spectre, and CC to fran.
> >
> >       Having spoken to Peter Spencer, the ICT Manager at your school, I
> > understand that this is likely to be a simple mistake on your part.
> > However,
> > RM must take any infringement of our intellectual property very
> > seriously,
> > and because of this, I have included the following legal statement from
> > our
> > General Counsel, which notifies you of our position. I have also been
> > directed to a web-site (http://openconnect.sourceforge.net/  ) which
> > refers
> > to your name, and which also infringes RM's Copyright by using the RM
> > Connect logo. This web site should be removed with immediate effect to
> > prevent legal action.
> >
> >       Yours Sincerely
> >       Lisa Penton
> >       RM Networks Product Marketing Manager
> >       RM plc
> >
> >
> >       31st January 2001
> >
> >       Dear Sirs,
> >
> >       Re: RM Connect - Copyright Infringement & Passing-Off
> >
> >       We are in receipt of your message dated 21st November 2000 timed
> > at
> > 12.29 to the address: seul-edu@seul.org, which has only just come to our
> > attention. This letter causes us great concern because it refers to our
> > network management system, RM Connect, and then states: "We are producing
> > what will be an exact replica ..."
> >
> >       We own RM Connect and have asserted our rights in it both in the
> > terms of use and by way of copyright notices. It would appear that you
> > are
> > deliberately infringing our copyright and passing -off our product as
> > your
> > own.
> >
> >       RM always welcomes open competition but it will not tolerate a
> > deliberate and malicious attempt to use our investment and our property
> > for
> > your ends. Accordingly, unless we receive a written undertaking from you
> > within 7 days of the receipt of this letter agreeing to submit your
> > product
> > to RM for review prior to its release into the public domain, we reserve
> > the
> > right to proceed against you by way of injunctive proceedings without
> > further notice to you.
> >
> >       Please note that RM regards the infringements that you have made
> > of
> > our intellectual property rights to be of a most serious nature and you
> > should not, in any way, underestimate the gravity of the situation.
> >
> >
> >       Yours sincerely,
> >
> >       Andrew Robson
> >       General Counsel
> >
> >
> >
> > STANDARD DISCLAIMER: This message is confidential. You should not copy it
> > or
> > disclose its contents to anyone. You may use and apply the information
> > only
> > for the intended purpose. Internet communications are not secure and
> > therefore RM does not accept legal responsibility for the contents of
> > this
> > message. Any views or opinions presented are only those of the author and
> > not those of RM. If this email has come to you in error please delete it
> > and
> > any attachments.
> >
> >
> >
>
> STANDARD DISCLAIMER: This message is confidential. You should not copy it
> or
> disclose its contents to anyone. You may use and apply the information only
> for the intended purpose. Internet communications are not secure and
> therefore RM does not accept legal responsibility for the contents of this
> message. Any views or opinions presented are only those of the author and
> not those of RM. If this email has come to you in error please delete it
> and
> any attachments.

--
Doug Loss                 God is a comedian playing
Data Network Coordinator  to an audience too afraid
Bloomsburg University     to laugh.
dloss@bloomu.edu                Voltaire