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[4]: Berd Korz' blog offline
by tonestone57 on Sun 8th Apr 2007 22:28 UTC in reply to "RE[3]: Berd Korz' blog offline"
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

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