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[3]: Berd Korz' blog offline
by Leszek Lesner on Sun 8th Apr 2007 19:02 UTC
Leszek Lesner
Member since:
2007-04-08

Yellowtab.com
Yellowtab.de
and Berndsworld.com were/are Bernds Websites.

So he has the right to shut them down.

> Sounds like Bernd is passing the burning potato to someone else. ;)

I don't think so ! If he is responsible he will definitely post a statement.
But Bernd seems to have an NDA which prevents him from talking about the license agreement with Palm Inc in public.
If this NDA really exist then Access has broken this NDA and can be sued for it.

So this not so easy as it might be in normal life. It is very business oriented and therefor I really hate any NDAs.

But back to the topic:
I think Bernd had to answer on his blog very fast because everyone even Access thinks that he is the right one to talk to. Bernd seems to see it with another point of view after he checked some documents or licenses after he made his statement on his blog.

BTW: Perhaps Bernd had really the plan to make an statement. But after this very bad and personally agressing comments on his blog he decided to do nothing more to close everything and to come to an end with all this stuff.
(Think about Bernds statement to keep ZETA alive after the quit with Magnussoft that was revoked with the End of ZETA posting appr. 1 week later)

Reply Score: 1

RE[4]: Berd Korz' blog offline
by yahya on Sun 8th Apr 2007 19:13 in reply to "RE[3]: Berd Korz' blog offline"
yahya Member since:
2007-03-29

But Bernd seems to have an NDA which prevents him from talking about the license agreement with Palm Inc in public.
If this NDA really exist then Access has broken this NDA and can be sued for it.


Access did not talk about a license agreement in the sense of publicly discussing its content. They said, that there is no such thing as a license agreement. This is something entirely different.

The explanations given by David Schlesinger sound far more credible than those speculations about meta NDAs which prohibit publicly stating that what you are doing is legal.

No one has asked to post a verbatim copy of a possible license agreement to his web site, but at least he should have had the guts to tell ZETA's buyers and users something like "I can assure you that ZETA is perfectly legal". As long as he does not deliver even this minimal response, there is little reason not to believe the position of Acess.

Reply Parent Score: 1

tonestone57 Member since:
2005-12-31

Lefty, from Access, was willing to discuss the matter over email (privately) - even left a post on BerndsWorld. Bernd has never got in touch with Lefty or Access to clarify the situation.

Also, when Access accused Bernd; Bernd never denied wrong doing. He stayed quiet, and issued a statement saying he has to talk it over with the lawyer and then can give an offical statement on Thursday ( next week ).

Bernd Did None Of The Following:
1) Deny any wrong doing or that Access had made a false accusation. This is the first thing any normal person would do. ( Not denying shows guilt )
2) State that everything he did was within the scope of his license agreements. Affirm that he acted rightly. ( Say he was within his rights )
3) State that the matter needs to be handled privately with Access ( & he would be getting in contact with Access after consulting with his lawyer ).
4) That "any" Open Sourcing would not occur until Zeta's legal status was resolved with Access.
*This is why Access made a public statement, to protect BeOS ( Access' IP ) from Open Sourcing.

So you say that Bernd is not responsible in other words, and instead pass the blame to yT liquidator. Hmm, let me think. Bernd started YellowTab & was the CEO & he negotiated the license agreements too. He was also involved with Magnussoft - who do you think managed the development team for Zeta 1.21 & Zeta 1.5? - I'm very sure it was Bernd. And Magnussoft only got involved because Bernd convinced Magnussoft that he had the rights to make & sell Zeta. Bernd can try to pass the blame to someone else, but not likely to work. ( This action only shows guilt and him trying to get out of any legal action against him & place it on yT instead, which he founded & ran until it went bankrupt - Bernd was aware the limits of his license agreement and if not, should have consulted with a lawyer before producing and selling Zeta - but as an end user of Zeta, I'm happy it got made).

***Very Important***
Also, if his agreement is solid, then why doesn't he just show it to Access and be done with it? Because his agreement is limited, probably to distribution only and Bernd knows this and is going to keep coming up with excuses ( ie: Access is rightful BeOS owner & Bernd can not discuss NDA privately ( email ) with them? What does that sound like to you? Access never stated they would not do things privately, & they probably prefer this anyhow ).
******

"Instead statement will be released by yT liquidator" - looks like Bernd just passed the blame to yT ( & I'm sure he'll try to disassociate himself from yT too ). Can you say "yT = SCAPEGOAT".

I don't think he'll be able to say he isn't invovled with Zeta since he has been with Zeta from day 1 till now. ( This was yT's only product that they devloped & sold & Zeta is tied directly to Bernd; otherwise, how did he get the deal with Magnussoft? ).

Even if Bernd says that everything happened in the past and that everyone should move on and forget about it, this is not an excuse ( he still profited off of it back then ) and could be held accountable too for his actions when he was CEO of yT.

Access and Magnussoft are both within their rights to sue or take Bernd to court. Access can bring both a civil & criminal case (copyright infringement) against Bernd. Access may not pursue legal action against Bernd, but I would think Magnussoft would if Zeta stays illegal or remains in questionable legal status for more than the next 60 days ( they've lost big on the development costs ).

Also, when you tell your side of things in the following week, can you quote where your information came from or do we assume you've obtained it directly from Bernd? :-)

Edited 2007-04-08 22:38

Reply Parent Score: 1