Linked by Thom Holwerda on Wed 4th Apr 2007 21:29 UTC
Zeta A lot of things have happened in the past few days concerning Zeta, BeOS, and Haiku. In order to create some order in the chaos, Eugenia and I have created a rough timeline of what happened the past 6-7 years. Read on for the timeline and some more thoughts on the matter. Update: Magnusoft ceases distribution of Zeta. Update II: Access answered the questions posed in the article.
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RE[7]: Comment by ormandj
by Lefty on Sat 7th Apr 2007 21:56 UTC in reply to "RE[6]: Comment by ormandj"
Lefty
Member since:
2007-04-05

...though the legal issues were suppose to have been sorted out through Bernd and a lawyer and some quiet nods of approval from PalmSource...


As I've said elsewhere, executives of a publicly traded corporation simply can't give away assets of that corporation based on a nod and a wink. I'd put the odds of this at somewhere between vanishingly unlikely and preposterous. To suggest that someone actually thought they could set up a business on this basis seems tantamount to admitting that pretty much everything I've said is true.

Dano was an unauthorized and infringing leak, there seems to be wide agreement on that. From whence it originated is, as far as this situation is concerned, pretty immaterial. You'd appear to be in complete agreement with the position that Zeta is pirated.

...a breach of contract on Be's part...


I guess if that was your legal theory, your next step would be to file suit against Be, Inc. (I'd note that ACCESS is still the--infringed-upon and uncompensated--owner of the code in question.) Unfortunately for this scenario, there is no such thing as "Be, Inc." at this point. That corporation has been dissolved. Certainly you couldn't expect ACCESS to effectively grant a retroactive, royalty-free license to someone who didn't even bother to ask us about it in the first place, on the basis that he had, or almost had, or thought he had, or claimed he had, a contract with some entirely different corporation, no longer in existence...?

(I don't suppose you'd like to provide better contact information to me? I've got a number of questions I'd be very interested in asking. You can write to lefty@access-company.com...)

But Palm didn't buy Be, Inc.: it bought its intellectual property. There's still no license possible by which Zeta could be legitimate under this scenario.

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