🚀 go-pugleaf

Raffi Nizamian wrote:
Topic: Off-The-Shelf Software Licensing
Newsgroup: comp.software.licensing

> There are several issues that might come up in such a hypothetical >which I have not mentioned. Any additional thoughts?

In fact, this is a real-life case. The company involved is Asymetrix 
(pronounced "Ass-Shit-Matic") and the product involved is ToolBook 
(pronounced "Fool-Book"). Asymetrix claimed that they have changed their 
licensing agreement such that a software called KaiZenWare created in 
1993 is deeemed illegal.

They recognise KaiZenWare as legal in so far as the 1993 version is 
concerned. The 1993 version refers to Asymetrix ToolBook Runtime version 
1.53. Asymetrix says that KaiZenWare is legal only if it runs under 
runtime 1.53. KaiZenWare is illegal the moment it is run outside of 
runtime 1.53.

There is another software called Express Author developed by IAT. If you 
use InfoSeek and then use "Express Author" as the keyword, you will find 
that Express Author is described as running under Asymetrix ToolBook. If 
you click a selection, you will find that Express Author runs under 
ToolBook runtime only. An upgraded version using runtime version 4.0 is 
also available.

When queried about such a descrepancy, they claimed that Express Author 
is legal because IAT is their authorized training centre cum business 
partner.

Our argument is that there is absolutely zero basis to Asymetrix's 
assertion. If Express Author is legal, KaiZenWare must also be legal. 
Furthermore, since Asymetrix ToolBook offers a free runtime, it is 
basically impossible for them to: (1) change their licensing agreement 
and (2) discriminate against another product.

The good thing about KaiZenWare is that it is created in 1993 and fully 
satisfies the licensing agreement at that time. The good thing about 
Express Author being legal is that it also means that KaiZenWare is 
legal. The norm in software is that a user expects to obtain upgrades.

This change in licensing agreement from Asymetrix means that KaiZenWare 
cannot be upgraded. Clearly, the copyright to KaiZenWare belongs to the 
author and is for his/her life plus 50 years. Now, this new licensing 
agreement kills KaiZenWare immediately because buyers would want 
KaiZenWare to run on the latest version of runtime ToolBook.

Please offer your comment generously and take it to Asymetrix directly. 
Note that the author of KaiZenWare has gone on an e-mail hunger-strike 
effective immediately till Jan 1 1997. This means that he will read 
his/her e-mail only after the end of 1996. If you have any comment, etc. 
please send it by post. His/her postal address is listed on his/her home 
page. 

P.S. This is posted on behalf of the author of KaiZenWare. This person is 
a one-man show working from home. He/she feels that he/she has been 
discriminated. Express Author is from IAT (a large organisation) and 
hence Asymetrix does not dare to penalise them. But, KaiZenWare is from a 
one-man show working from home and Asymetrix does not mind man-handling 
this writer.

To find out more about KaiZenWare use HotBot and Excite and use 
"kaizenware" as the keyword to search the database. Please do not send 
him/her e-mails on legal matters. Posting to this list is adequate. If 
you like, help publicise this problem faced by a software entreprenuer to 
people on other lists. In fact, there is a need to discuss this among 
those on the Internet because if Asymetrix could do something so drastic, 
there is no stopping another company from doing it. The author of 
KaiZenWare cannot deal with Asymetrix because he/she does not have the 
money to sue. Please consider this suggestion. BTW, KaiZenWare is 
available FREE with an optional subscription.

When you buy a software with a programming language as in the case with 
Asymetrix ToolBook, you buy a dream that one day you could develop a 
"killer-app" and make lots of money. You expect continuity and stability. 
You expect to be able to use the latest version of your development tool 
be it C, C++ or ToolBook. Therefore, a change where a software writer 
cannot use the latest version cannot be enforced. There is simply no
justification and no ethics behind such a change. The reason why this 
should be an issue for the Internet community to discuss is because 
individuals like the author of KaiZenWare cannot fight the big guy like 
Asymetrix. Stopping one big guy, whether it is Asymetrix or another, will 
mean that every small guy gets protected and will stop other big guys 
from thinking of doing the same thing. Please consider this request to 
help make this an issue for everyone on the Internet.

Thank for you your consideration.

Steven Esau, Legal Counsel Asymetrix Corp. <stevene@asymetrix.com>.

Mark J. Christie, Staff of Asymetrix Asia Pacific, Singapore 
<markc@asymetrix.com.sg>. Mark's viewpoint (search the ToolBook 
listserver under the topic "Re: Clarification Sought") is that KaiZenWare 
(any version) is illegal by pretending that he did not receive e-mails 
and letters from Steven Esau stating that KaiZenWare is legal.