[icq-devel] Is it leagal ?



Mikael Brorsson smiley at hoj.nu
Fri Feb 14 09:22:08 CET 2003


Do anyone know if there are any IPR issues with what we are doing ... ?

/Smiley


Quoting Bryan Petty <bpetty at cs.utah.edu>:

> On Thu, 2003-02-13 at 13:59, Barnaby Gray wrote:
> > On Thu, Feb 13, 2003 at 10:44:40PM +0300, rad2k at mail.ru wrote:
> > > Knowing that a few developers got 'threatening letters/emails?' from 
> > > Mirabilis lawyers, I would give it a second thought.
> > > 
> > > I believe whats illegal is to use their copyrighted names such as
> > > ICQ without their legal authorization.
> > 
> > The only legal threats from mirabilis so far have been in use of their
> > name (or close enough derivatives), this is fair enough - they have
> > every right to protect their branding from watering down.
> > 
> > > It should be algo considered illegal (i believe its specified in
> > > their agreement) to reverse their protocol without their authorization
> > > as well.
> > 
> > There are certain reverse engineering rights granted if they are in
> > the interests of inoperability (at least in the EU, not sure how this
> > plays with the DMCA, etc.. in the US). Since mirabilis don't provide
> > what I'd regard as a fully functional client for unix platforms I
> > believe reverse engineering is allowed for this purpose. I'm skeptical
> > as to whether a click-wrap license can even take this right away from
> > you.
> 
> The DMCA in the US, so far as I know, has only held against events where
> there was some encryption cracked. This is because of the definition in
> the law of "circumventing access control devices". Where the ICQ
> communication is all done in plain text (minus the password), it would be
> hard to prosecute. It would seem unbelievable if Mirabilis took any
> actions for "circumventing" their password "encryption", but with as many
> lawsuits as I've seen come through over the DMCA, it's definately not
> unheard of.
> 
> >
> > Barnaby
> 
> BTW, I'm working on a Java client using v8 ICQ (and a few other IM
> networks) that's being hosted at www.stormsource.org. I just started on it
> a few weeks ago, and I'm not too far, but I've got something going, and
> could have something released in another few months if not less. It will
> be open source, and I'm more than happy to help others out using my
> classes I'm building.
> 
> I've looked around to see if any of this was already programmed in Java
> with v8 ICQ, but only found an (incomplete) program using v2. If anyone
> wants to help me out with this, I'll be grateful to any contribution.
> 
> Bryan Petty (Tierra)
> http://www.stormsource.org/
> 
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What's going on ? Where am I ? 



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