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LSBINTB
join:2014-10-06

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Re: Ward Mundy's open letter to Sangoma

said by AllThumbs:

See the Catch 22 there??

Throughout history, over zealous and over literal interpretations of the law, without regard for humanity, have resulted in wars, countries that laid in ruin and grudges that lasted generations.

Greed is as pure as it is simple and simple is as simple does. Everyone has to eat
Expand your moderator at work

arpawocky
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join:2014-04-13
Columbus, OH

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Re: Ward Mundy's open letter to Sangoma

said by AllThumbs:

Here's the thing. You develop a copyrighted work and sprinkle your trademarked name for the work throughout the code. You then decide to license the work as open source under the GPL. I come along and decide to use and redistribute your copyrighted work pursuant to the terms of the GPL. But the GPL requires that I reproduce your copyright notice which includes your trademarked name for the work. Now you come along and complain that I'm violating your copyrights and trademark by using the work AT ALL. See the Catch 22 there??

Yeah.. And isn't their copyrighted work itself a derivative work of someone else's copyrighted and GPL'd works? IANAL, but my lay understanding of the GPL is that distributing a derivative work under terms not compatible with the GPL violates the GPL, and therefore makes the distribution a copyright infringement. Am I correct in my understanding?

Is what Schmooze is doing any different than if I were to take PIAF, add a couple features, maybe package it with a GPL'd sip proxy too, sell it under some restrictive license as FreePIAF, and then extort payments out of people who want to develop it further, as well as from SIP carriers that provide config instructions for it?
said by ropeguru:

Schmooze was just going off the deep end.

Insanity defense?

Maybe they should change their name to Schmooze Company Organization, and then at least their initials will be appropriate.. :P

The_spot
@107.170.174.x

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The_spot

Anon

Let me paraphrase what an attorney said regarding Schmucks.con.

"They are pointing an empty gun at you demanding money."

brg
Premium Member
join:2001-01-03
Chicago, IL

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brg

Premium Member

said by The_spot :

Let me paraphrase what an attorney said regarding Schmucks.con.

"They are pointing an empty gun at you demanding money."

But, sadly, that often happens in the real world. The victim -- whether a criminal shakedown or a business shakedown -- rarely knows (at least at first) whether the gun is loaded or not. And the effort is often successful. Witness Patent Trolls...
lorennerol
Premium Member
join:2003-10-29
Seattle, WA

lorennerol

Premium Member

said by brg:

But, sadly, that often happens in the real world. The victim -- whether a criminal shakedown or a business shakedown -- rarely knows (at least at first) whether the gun is loaded or not. And the effort is often successful. Witness Patent Trolls...

Yep. Have been the subject of several issues of this nature over the years. Each time it was frivolous and each time, after paying legal fees, I was advised to settle because that was less expensive than winning. We need tort reform. And we'll never get it. Just like we'll never get tangible political reform: The as-is system works quite nicely for the small minority who have the ability to change it.

XCOM
digitalnUll
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join:2002-06-10
Spring, TX

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Interesting.
Will follow this and see where it goes.

rchandra
Stargate Universe fan
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join:2000-11-09
14225-2105

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reminiscent of SCO

mozerd
Light Will Pierce The Darkness
MVM
join:2004-04-23
Nepean, ON

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said by LSBINTB:

Greed is as pure as it is simple and simple is as simple does. Everyone has to eat

The nature of Human Nature is to be greedy -- pure and simple and simple is as simple does. Everyone has to eat, yes and some eat better than others.

AllThumbs
join:2006-02-07
Charleston, SC

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A few more tidbits from Nerd Vittles + comments today: »nerdvittles.com/?p=11647
PX Eliezer1
Premium Member
join:2013-03-10
Zubrowka USA

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said by mozerd:

The nature of Human Nature is to be greedy -- pure and simple and simple is as simple does. Everyone has to eat, yes and some eat better than others.

Yes, some eat better than others.

But there can be various reasons for that:

Hard work
Natural talent

But it sometimes is just:

Good luck
Being in the right place at the right time
Being a member of the right "class" or group or country club
Being born into the right family

And sometimes it is:

Theft or just taking advantage of someone else

-----

As well:

Probably if several members of the tribe cooperated in bringing down that big lion, they did better in the end than the individual guys who each tried to kill the lion by themselves.
PX Eliezer1

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Pumpkin Patch
 

OS Patch
 
.
said by AllThumbs:

A few more tidbits from Nerd Vittles + comments today: »nerdvittles.com/?p=11647

That is a great pumpkin story.

And speaking of the Great Pumpkin, we now can see that it broadly relates to Linux rather than to Linus.

cb14
join:2013-02-04
Miami Beach, FL

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said by PX Eliezer1:

Yes, some eat better than others.

But there can be various reasons for that:

Hard work
Natural talent

20%
said by PX Eliezer1:

But it sometimes is just:

Good luck
Being in the right place at the right time
Being a member of the right "class" or group or country club
Being born into the right family

40%
said by PX Eliezer1:

And sometimes it is:

Theft or just taking advantage of someone else

40%
-----
twinclouds
join:2010-06-12
San Diego, CA

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I received an email from "no-reply@schmoozecom.com" with the title: "SANGOMA acquires Schmooze, FreePBX and SIPStation, VTech Eris EndPoints Certified, Training Class announced for March." What does that really mean? FreeBPX will not work in the future? But it is only a front end of Asterisk anyway. People cannot using FreePBX for free legally? Who is going to police this? I am not using FP anyway so just curious. Anybody can clarify? Thanks.
phonesimon
join:2014-10-08
Pennsylvania

phonesimon

Member

said by twinclouds:

What does that really mean? FreeBPX will not work in the future? ... People cannot using FreePBX for free legally?

I just re-read their e-mail to make sure I'm not missing something. I'm not. Are you trolling? No one said anything of this sort.
twinclouds
join:2010-06-12
San Diego, CA

twinclouds

Member

No. I was just confused. If that's the case, why bother even talk about this.

brg
Premium Member
join:2001-01-03
Chicago, IL

brg

Premium Member

Twinclouds, the =hope= expressed in the Ward Mundy open letter (my paraphrase) is that Sangoma will reverse the course adopted by Smooze (seemingly headed in the direction that you describe), and return to a "no gotchas" open-source-compatible version of FreePBX.
twinclouds
join:2010-06-12
San Diego, CA

twinclouds

Member

Thanks. That was my impression. Obviously, it has not happen yet but maybe head to that direction as you said that was what Ward afraid of.
I am glad I am only using plain Asterisk.

Davesworld
join:2007-10-30
Thermal, CA

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The only thing worse than to name a company Schmooze would be Painful Rectal Itch Com.
Davesworld

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said by garys_2k:

Sounds like it's time for forking FPBX into a new development path.

No, we need more movement toward FreeSwitch based projects. It would be also nice if there existed IP phones and even ATA's other than Ooma's Telo that use FreeSwitch rather than Asterisk.
Davesworld

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We don't need yet ten more ways to use Asterisk, we need to move on from Asterisk itself.
PX Eliezer1
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join:2013-03-10
Zubrowka USA

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said by Davesworld:

The only thing worse than to name a company Schmooze would be Painful Rectal Itch Cream.

It's the reason that Princeton University is never, ever referred to by their initials.

It's also the reason that there is a company called Plymouth Rock Assurance Corporation rather than it being called Plymouth Rock Insurance Corporation. I suspect that's the literal truth.

OTOH if you are old enough you will remember the presidential campaign group that was called CREEP.
»americanhistory.about.co ··· ate3.htm

mackey
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join:2007-08-20

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said by Davesworld:

It would be also nice if there existed IP phones and even ATA's other than Ooma's Telo that use FreeSwitch rather than Asterisk.

I have no idea what you're talking about. I have yet to use an IP phone or ATA which runs either Asterisk or FreeSwitch.

Davesworld
join:2007-10-30
Thermal, CA

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Davesworld

Member

said by mackey:

I have no idea what you're talking about. I have yet to use an IP phone or ATA which runs either Asterisk or FreeSwitch.

Really? What did you think they contain?

arpawocky
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join:2014-04-13
Columbus, OH

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said by PX Eliezer1:

It's the reason that Princeton University is never, ever referred to by their initials.

said by PX Eliezer1:

It's also the reason that there is a company called Plymouth Rock Assurance Corporation rather than it being called Plymouth Rock Insurance Corporation. I suspect that's the literal truth.

Worse still, there used to a bank called First Union.

Now, while banks, insurers, and universities can live without descriptive acronyms, governmental, political, and NGO bodies absolutely need acronyms, both recursive and descriptive, in order to function properly. Heck even laws these days have to form acronyms with their titles. (see "CAN-SPAM Act" "PATRIOT Act" etc.)

Unfortunately, some federal acronyms are meaningless. This MUST change!

The time has come for the FCC and USAC to finally get around to changing the name of the "Federal Universal Service Fund" (which forms meaningless initials), to the "Federal Universal Communications Kindness - Operational Financing Fund." This new name which I propose has two very serious advantages over the current name: 1) it is wordier, and 2) it forms an acronym which accurately captures the very essence and being of the most vital role the fund plays in the telecommunications ecosystem.
said by PX Eliezer1:

OTOH if you are old enough you will remember the presidential campaign group that was called CREEP.

I used to have a very CREEPy cat whom I nicknamed Liddy. When she'd really misbehave, I'd call her out by her full name and say "G. Gordon Kitty you get over here right now." :P

mackey
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join:2007-08-20

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said by Davesworld:

said by mackey:

I have no idea what you're talking about. I have yet to use an IP phone or ATA which runs either Asterisk or FreeSwitch.

Really? What did you think they contain?

A SIP client. A phone/ATA does not contain* a PBX or softswitch such as Asterisk or FreeSwitch.

* Edit to clarify: the vast majority of phones and ATAs do not contain a PBX or softswitch. I'm sure if you searched hard enough you can find an oddball that does.
Stewart
join:2005-07-13

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Ooma devices internally run open source PBX software. The original units were Asterisk based; they switched to FreeSWITCH for the Telo.

»ooma.com/blog/tag/freeswitch/

mackey
Premium Member
join:2007-08-20

mackey

Premium Member

So they're combo ATA/PBX devices. Normal/plain ATAs and phones do not have PBX functions and don't run either (they only have a SIP client).

AllThumbs
join:2006-02-07
Charleston, SC

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Received a welcoming email from Bill Wignall, the president and CEO of Sangoma, last evening. Full of hearts and flowers about FreePBX but no mention of the business practice of extracting fees from companies that host cloud-based Asterisk servers incorporating FreePBX. While trumpeting Sangoma's open source roots, Mr. Wignall's letter overlooks one of the more salient features of the GPL:
"Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things."

brg
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join:2001-01-03
Chicago, IL

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Thanks for the update, @AllThumbs.

Maybe they are still "thinking on it."