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Readers comments
Hi Nigel,
Just a note regarding your CMD
comments. Firstly, there are a few
enthusiasts who are working on devices
that should supercede CMD devices such
as the 1541 Ultimate here:
http://www.lemon64.com/forum/viewtopic.
php?t=25622
Indeed, the Lemon64 forums have become
a hotbed of discussion on this very
topic. For instance, general feelings
towards Maurice can be found at
http://www.lemon64.com/forum/viewtopic.
php?t=25371
and FD2000 cloning is currently being
discussed over at
http://www.lemon64.com/forum/viewtopic.
php?t=26098
For my own part, I'd be willing to loan
out my spare SuperCPU 128 + SuperRAM
card to anyone with the relevant
knowledge and skill set to reverse
engineer it for the purposes of
creating a clone. Obviously, I'll need
the unit back once finished. I could,
of course sell the spare, but that way
no one will benefit.
People may contact me by email at
retrobytespr@mail.com which is also my
MSN Live Messenger address. Perhaps
the future isn't so bleak after all?
Regards,
Shaun.
COMMODORE FREE
Hi Shaun yes I know there are some
projects being looked at, I was hoping
to generate some emails and comments
and it seemed to work, many users have
contacted me to tell me about projects,
I still feel we need to pool resources
together rather than people going off
designing hardware we need to have some
sort of central system so people know
what is being worked on and don't go an
redesign the same or similar thing
Hi,
In issue 16 you state an untruth,
"Maurice owns the rights to Geos."
Well, he does NOT. He just tells
people this. I live in Michigan and so
does Maurice. There I filed a
COPYRIGHT lawsuit against Maurice, and
his company (Click Here Software Co).
He lost that suit by way of failing to
respond.
So let's get this right for all C64
readers. Berkeley Software (the
publishers of GEOS and copyright
holder) NEVER gave up their copyrights
to CMD. What CMD got from Berkeley was
a right to DISTRIBUTE. That is, a right
to make copies and sell them. This is
NOT the same as a copyright.
Your local Coke-a-Cola bottler has the
RIGHT to produce the softdrink, but NO
right to sell the formula to others.
Maurice likes to TELL people the he is
the copyright owner. But what he
purchased was the right to distribute
that CMD had. However, the ORIGINAL
COPYRIGHT never changed hands.
Here are my proofs:
1) This link is the search at the US
Copyright office for "GEOS"
http://cocatalog.loc.gov/cgibin/
Pwebrecon.cgi?Search_Arg=geos&Search
_Code=TALL&PID=23966&SEQ=200802261
31716&CNT=25&HIST=1
You'll not find CMD or ClickHere-
Software listed on ANY copyright.
2) Here is the link for businesses
registered in the state of Michigan:
http://www.dleg.state.mi.us/bcs_corp/
sr_corp.asp
You will NOT find any business listing
for "Click Here Software" or "cmdrkey."
Try it your self, here are the links:
http://www.dleg.state.mi.us/bcs_corp/rs
_corp.asp?s_button=sname&v_search=
cmdrkey&hiddenField=&search=Search
http://www.dleg.state.mi.us/bcs_corp/
rs_corp.asp?s_button=sname&v_
search=Click+Here+Software&
hiddenField=&search=Search
3) IF Maurice has a copyright, all he
needs to do is file it with the
copyright office and pay $45. You'd
think that a guy would spend that much
to secure his rights. But that would
mean that he would have to prove to
the copyright office that the copyright
was transferred to him. But I think he
has NO DOCUMENTATION to prove any such
transfer.
4) On Wikipedia I found: "The Apple II
version of GEOS was released as
freeware in August 2003. The Commodore
64/128 versions followed in FEB 04."
Copyright law makes it clear, that
once a copyright is given to another
party, that the new party has the same
rights as the originator. That is,
once the Apple version was released
into freeware, so to was the Commodore
versions because they share the same
codebase, screens and even logic.
5) On eBay, I was selling the C128
Geos boot rom. Maurice tried to block
that sale, by claiming that he was the
copyright holder. That is when I
demanded that he produce documentation
of his claim. He did not produce ANY
SUCH DOCUMENTATION. So I filled a
lawsuit and formally requested his
proof of copyright. He did not produce
any such documentation. Maurice
abandoned his claim with eBay.
6) This link shows that Breadbox owns
the copyright to GEOS on ALL hardware
platforms.
http://www.breadbox.com/newsdetail.asp?
id=40
Breadbox Pens GEOS Exclusive License
and Ownership Rights Agreement with
Geoworks, Port Richey, Fla, 29 APR 03.
Under the terms of an amended
licensing agreement with Geoworks of
Emeryville, California, effective
April 1, 2003, Breadbox Computer
Company, LLC of Port Richey, Florida,
has obtained the worldwide exclusive
and perpetual rights to the patented
GEOS operating system for all hardware
platforms. As part of the agreement
and in addition to undisclosed
financial and other terms, Breadbox
has agreed to take on certain of
Geoworks' technical support
liabilities to third parties. In
addition, under the terms of the
agreement, all ownership rights of the
Geos operating system will pass to
Breadbox at an undisclosed date. Prior
to the ownership transfer, Breadbox
has the right to bring claims against
third parties for violations of
Geoworks' intellectual property rights
in the licensed technology.
"We are very pleased to have reached
an amicable agreement with Geoworks
and we look forward to our continuing
role as the keeper of the GEOS flame.
With a little luck and our continued
perseverance and talented Breadbox
team, we aim to put GEOS back on the
map as a viable alternative. GEOS has
a long standing history of being on
the cutting edge and of being the
software of choice for the first PDA,
the Casio Zoomer, and later the
Hewlett Packard OmniGo and the Sharp
PT-9000 PDA; the Canon StarWriter Pro
5000 personal publishing system;
Brother Ensemble Word Processors; the
first PDN, the Brother GeoBook; the
first wireless Communicator, the Nokia
9000; the GlobalPC; the award winning
PC desktop software that still runs
nicely on a 386 and was selected for
IBM's Eduquest educational computer
platform; and much, much more. We will
revive and continue this legacy into
the future" stated Frank S. Fischer,
President & CEO of Breadbox.
Which begs the question, can Maurice
legally offer GEOS as his website as
freeware?
My conclusion is that neither he, nor
his company, has ever been granted any
GEOS copyright. He only has a
distribution right. The difference is
significant. A right to distribute
means that Berkeley Software cannot
win a suit against Maurice. But it
does not mean that Maurice can file a
lawsuit against anyone else that is
selling GEOS. Only the copyright
holder can do that - which Maurice is
not.
This was my argument in my case
against Maurice. Maurice did not even
file an answer.
*** One note, it is NOT illegal to run
a business in Michigan without filing
with the state. I am not saying that
Maurice has done anything illegal. I
just think that he either lied or has
deluded himself into thinking that a
distribution right means that he has
the copyright.
Eric
COMMODORE FREE
Hi Eric, I think you are correct with
your comments, and it looks like you
have had experience of the problem, I
did report about the Breadbox company
in an earlier issue of Commodore Free
magazine under the title ?What
happened to Geos? as a matter of fact
I was quite tempted to purchase a copy
to run on an old laptop as it looked
quite slick it seemed to have been
updated to something called ensamble
Geos is still available for mobile
devices:
http://www.breadbox.com/geos.asp
Nigel,
The sad part is that IF Maurice would
just reach out to the community, I am
sure that others would help him build
the CMD hardware and he would MAKE
money. One person that has the stuff
to do PCB would makes them. Another
person would do the next part and so
on. Here in Michigan we have a HUGE
number of skilled auto workers who know
how to manufacture stuff.
Anyway, it is too bad that people are
loosing their money.
Eric
COMMODORE FREE
AGREE it seems Maurce has been offered
help on numerous occasions but every-
time turns the helpers down or doesn't
respond
COMMODORE FREE
I was trying to find a good guide on
updating Geos, I never found this and
didn't have time to create it,
Although a reader did send in this
information so I included it the
Readers section as information (if
that makes sense. Remember though
Maurice still has lots of outstanding,
orders and ordering items may take a
long time?