Path: utzoo!censor!geac!torsqnt!news-server.csri.toronto.edu!cs.utexas.edu!sdd.hp.com!think.com!snorkelwacker.mit.edu!bloom-beacon!zardoz.coral.COM!don
From: don@zardoz.coral.COM (Don Dewar)
Newsgroups: comp.windows.x
Subject: TO ANYONE REQUESTING KHOROS FROM UNM
Message-ID: <9012071633.AA26214@zardoz.coral.com>
Date: 7 Dec 90 16:33:56 GMT
References: <1569@ulowell.ulowell.edu>
Sender: daemon@athena.mit.edu (Mr Background)
Organization: The Internet
Lines: 87


) Return-Path: <uunet!expo.lcs.mit.edu!xpert-mailer>
) Date: 6 Dec 90 15:07:51 GMT
) From: uunet!bloom-beacon.mit.edu!bu.edu!m2c!ulowell!hawk!grljt  (Jeff Turmelle)
) Organization: Paragon Imaging, Inc.
) Subject: TO ANYONE REQUESTING KHOROS FROM UNM
) Sender: uunet!expo.lcs.mit.edu!xpert-request
) To: xpert@expo.lcs.mit.edu
) 
) 
) 
)  The distribution of KHOROS is the subject of a lawsuit pending in Federal
)  District Court between the University of New Mexico and Paragon Imaging.
)  That lawsuit involves whether UNM's distribution of KHOROS violates
)  contractual and other rights of Paragon Imaging.  We at Paragon Imaging are
)  extremely concerned about possible violation of our rights from dissemination
)  of KHOROS.  You should further be aware that the contract between UNM and
)  Paragon Imaging permits Paragon to institute legal action against third
)  parties for wrongful use of code to which Paragon has an exclusive license.
) 
)  We hope that some or all of the above issues can be clarified and resolved in
)  the relatively near future, but given the present state of events we thought
)  it was only fair that you be placed on fair notice as to the possible legal
)  implications of your use of KHOROS.
) 
)  For further information, please feel free to contact Paragon Imaging at
) 
)  Paragon Imaging Inc.
)  171 Lincoln St.
)  Lowell, MA   01854
) 
)  (508) 441-2112.
) 
)  OR by email :: john@paragon.com
) 
) 


I wish that both Universities and Private Industry would be more
careful with the "relationships" they form together.  It seems to me
that a University, whether private or state run (but especially state
run) has an obligation to add to man's storehouse of knowledge.  The
work done at Universties, whether privately funded or not, should be
freely distributable by that institution and anyone else that wants to
distribute it.  That is not to say that any company funding University
research should not be able to sell it, if they want.  The results of
the MIT's work with X is the ideally what should happen (and I don't
really care how it turned out that way).

Most University projects that I am most aware of result in knowledge
and techniques that are a little rough, often just serving as proof of
concept.  Then private industry hones it and makes it commercially
viable.  That does not prevent the University from distributing their
work.  It should be no different when the work involves software.

In addition, if UNM is a state run institution, I challenge anyones
right to squelch the distribution of that work.  State run
institutions are subsidized to a large part by the government (both
local and federal) and by the meager tuition they charge their
students.  Therefore, everyone that pays taxes has financed the worked
accomplished at that institution and has a right to see it and use it.

I don't know the details of this case and I am no lawyer (thankfully),
but I believe in these ideals.  If UNM took work that was done at
Paragon and is distributing it, I can see the problem.  But if Paragon
is taking work done entirely at UNM and is keeping them from
distributing it, I think Paragon is wrong.

Has anyone read anything about this case?  I would be interested in an
impartial 3rd party description of it, especially from a magazine or
newpaper. 

Thank you for allowing me to vent my views and anger.  The
proliferation of overzealous lawyers and legal nonsense into the
software industry is both disheartening and threatening.


  +---------+
  | Coral   |
  |@@@@@*@**|
  |@@*@@**@@|     Don Dewar
  |*@@**@@@@|     Coral Network Corporation, Marlborough, MA
  |@***@@@@@|     Internet: don@coral.com
  |@@**@@@@@|     Phone:    (508) 460-6010
  |*********|     Fax:      (508) 481-6258
  |Networks |
  +---------+