Grex Oldcoop Conference

Item 366: Minutes from Grex Board of Directors Meeting, September 26, 2006

Entered by slynne on Wed Sep 27 04:02:33 2006:

Grex Board of Directors Meeting: September 26, 2006

Board Members in Attendance: Mark Conger, Lynne Fremont, Joe Gelinas,
Bruce Howard (by phone), Larry Kestenbaum, John Remmers, and Jan Wolter.

Non Board Members in attendance: Steve Andre, Mary Remmers, Marcus
Watts, drew


OPENING GAVEL TAP

1. Treasurer s Report: 

In August we took in $240 and spent $150. We had two new members in
August. So far in September, we have taken in $680 mostly because one
user who has been a big donor in the past purchased a 10-year
membership. There are currently 52 members with 40 paid up. Mark passed
around some State of Michigan paperwork to be filled out by board
members with full names and addresses. 

2. Staff Report

We have had a lot of up time lately and mostly Grex has been up. There
are users who are using pearl and C programs to attack other sites. They
often use a program called UDP.PL. It is a program that works on port 80
to attack other sites. It may be necessary to disallow access on port
80. There also continue to be many attempts to break into Grex. We are
off the KVM at provide.net. We may want to consider getting a monitor
and keyboard to keep at provide.net After recent crash, Grex came up all
on its own or maybe with intervention from provide.net staff. 

3. Root-granting policy and staff initiatives

Steve reports that he was online and noticed that staff member mic was
editing a ulist so he went to staff.cf and discovered that user cross
was in the ulist for that conference. Then he saw that mic put cross in
the wheel so that cross could work on the password file. At that point
Steve took root access away from both mic and cross. Mic told Steve that
giving cross root access was something discussed in the garage.cf. 

The board generally agrees that the main issue is mic giving cross root
access when our policy is to give root only in emergencies

Mark Conger suggested that we should give mic root access back after
further clarifying the policy to him. Mark is pleased to see people
taking initiative. 

Some concerns were expressed about the risks involved with working on
the password files. Jan Wolter said that he believed that cross is very
capable and has the technical expertise to take on that task. However,
working on the password files is not an emergency. 

There was some discussion about what the board should do about this
situation. Generally the board wishes to encourage initiative but with
caution. The board reviewed the root policy and believes that the policy
is adequate as written. 

MOTION: The board values mic and his many contributions to Grex over the
years. The board appoints Mark Conger to discuss policy with mic. The
board gives Mark Conger the authority to re-enable mic s root access. 
Moved by Jan Wolter. Seconded by John Remmers. Passed unanimously

4. Old Business

The web contest has a winner. Since there was only one entry there will
be no vote. Slynne will announce winner in agora.cf and will email
samples of web pages to staff. A prize of one year s membership will be
awarded. 

5. Next Meeting - 8p Thursday, October 26 at Zingerman s or Mark
Conger s house if Zingerman s is unable to reserve a private room for us
or is not open late enough. 

6. New Business

Steve says that we recently had an attack on port 80 that caused
provide.net to take us off the network. Peter at provide.net told Steve
that he was able to stop the attack by black holing packets destined for
Grex. Staff are reviewing many different possible solutions to this
potential future problem. Steve is going to talk to John at provide.net
about this issue. He will also talk to him about some issues we have
with outbound access on port 80

There have been a lot of outbound attacks on port 80. We may have to
consider limiting access to port 80 either by eliminating all access to
newusers or limiting the number of outbound packets. 


Mark Conger read the following from coop item 364 response 28:

-------------------------------------------------------------------------
------------------------ nharmon Nathan Harmon    response 28 of 41:
          Sep 25 19:53 EDT 2006

I just think that more and more people fall into this "I am just a
volunteer" mentality because of the present way staff is organized. And
this is usually helped by instituting order on a professional level so
that instead of being "just a volunteer" you become an "unpaid
professional".

I've volunteered in a lot of organizations, most of which simply did not
accept the answer of "look, I m just a volunteer". I mean, if my CAP
commander called for my availability for SAR sorties, what would I say..
"Gee Major, I don t really feel like flying today, uh, besides im justa
volunteer"? It'd be the last thing I said. Or when I was on a volunteer
fire fighter. Do you think those guys blew off their responsibility? No
way. Or when I taught CPR/First Aid/AED for the Red Cross...what if I
just said "nah, im just a volunteer, ill just not show up at that
class". Yes, you can fire a volunteer, and the Red Cross doesn't have
any problem with doing so.

Now you might say "Gee Nathan, thats different, we're just an
organization on the internet". And I say that is exactly the attitude
you should NOT have. Board of Directors, how many times do you sit down
and think "what is grex NOT doing to promote free speech and free access
on the internet that we COULD be doing right now?" I mean, looking at
the BoD minutes...(this is just my opinion, not trying to be
offensive)...the BoD spends WAAY too much time micromanaging Grex. I
mean, discussion of the PC weasel? You should be discussing
GOALS...planning on how you can better accomplish your mission
statement. Forming committees for initiatives. Need an
initiative?...here is one: What is Grex doing to help promote a neutral
internet?

I say you people need to THINK BIG. Not about becoming big in size, but
rather big in impact. Grex is supposed to be about much more than just
running a BBS.
--------------------------------------------------------------------

Mark would like the board to consider this and perhaps spend some time
thinking about what we want Grex to be. What is the purpose of Grex? We
will discuss this at next meeting. 

CLOSING GAVEL TAP
61 responses total.

#1 of 61 by cross on Wed Sep 27 04:37:29 2006:

I don't believe I'm mistaken in thinking that the removal of a board approved,
permanent staff member's privileges by another staff member was supposed to
be on the agenda for tonight's board meeting.  In particular, I'd requested
that the board investigate formalizing a policy for such things; since it's
not addressed at all by the current root access policy, surely the minutes
don't imply that the current policy is sufficient to cover that issue?  The
granting *of* root access, maybe (I've stated my arguments here several
times).  But I'm talking specifically now about the *revocation* of those
privileges without prior board approval.


#2 of 61 by aruba on Wed Sep 27 05:34:09 2006:

Thanks for posting the minutes so quickly, Lynne.

I think the consensus of the board was that a staff member needs to be 
able to act in the best interests of Grex when he feels the system is 
threatened.

In the current case, the dust has now settled, and we can go about 
resolving the issue.  I have written to Mic about it, and we will sort it 
out.


#3 of 61 by cross on Wed Sep 27 11:35:42 2006:

Surely Steve didn't feel that Mic was a "threat" to grex.  I wouldn't be
surprised if Mic just quits in disgust.


#4 of 61 by other on Wed Sep 27 13:18:40 2006:

If STeve had pulled cross' access, explained why to mic, and asked mic
not to re-extend that access without discussion, and if mic had been
intransigent about it, I would understand STeve's action in pulling
mic's access. It is a judgement STeve had to make about the threat to
Grex.  I think policy is a good guide to judgement in just such a
situation, and there is no policy that says basically "because we have
set up a system to very carefully select trustworthy persons to be
staff, do not revoke another staff member's access unless they are doing
something immediately harmful to Grex which can only be stopped by
removal of that access, or if they otherwise demonstrate that they have
gained staff privileges under false pretenses and harbor ill intent
towards Grex.  Also, in the event staff privileges are revoked in a
judgement call, should that judgement be shown to be either incorrect or
over-harsh, privileges should be restored as soon as possible in order
to retain the good will of all of the qualified volunteers of whom we
have asked service in a staff capacity."


#5 of 61 by janc on Wed Sep 27 15:04:43 2006:

Hmmm...maybe that issue needs a bit more thinking about.

The board was unanimous in thinking that Mic's grant of root to Dan was
improper from a procedural point of view.  But there was no ill intent
and no harm done, so we really weren't especially upset.

We didn't really discuss STeve's yanking of Mic's root.

I'm not sure whether or not I would have done the same thing in STeve's
shoes.  He saw Mic giving Dan root, didn't know why or what was going
on, so he acted to shut it all down.  Completely understandable.

But what is the policy on roots removing root access from other roots?
If Mic had got the the /etc/group file first, would it have been OK for
him to yank STeve's root access?

I don't think that the board is going to want to take any further action
on this particular incident, but maybe we should give at least some
consideration to whether there should be some sort of policy on roots
yanking root from other roots.

Only I can't think of what that policy would be.  If you want to
formally authorize it under any circumstances, then you really need to
establish a formal hierarchy of roots.  After all, it is only going to
happen when two roots disagree, and then you have to decide who has the
authority to boot whom, which means a hierarchy.

I don't think we want a hierarchy.

Lacking that, then the only real way the board can address this is by
working with staff to find ways that staff can do a better job of
communicating with each other, so that we can all get on the same page
before we start sudo-ing.  The board DID discuss that, though we didn't
really draw much of any conclusions.  This whole incident really speaks
of a communication breakdown among staff more than anything else, and we
do need to work on that.

But communication has gotten a lot harder.  We used to have monthly
staff meetings.  But several of our staff are now pretty far apart. 
Should we do conference calls or something instead?  Many of the staff
(including me) are sufficiently distracted that we don't communicate
very well at all.


#6 of 61 by jep on Wed Sep 27 15:09:48 2006:

I would sure like to see everyone take a break from this issue for a few
days.  Maybe it'll settle down a bit and everyone can treat it in a more
reasonable manner.  It seems to me like a series of overreactions, with
each person pushing things just a little further away from where they
should be.

I am happy Mark will be talking with Mic about what happened.  I expect
and hope he'll be able to smooth things over with Mic.

This all seems to me like an electronic pushing match between Dan and
STeve, more than anything.  Personally I respect and admire both of
these gentlemen.  I wish they felt that way about each other.

There is one discussion which has happened in 3 items now that I know
of, and maybe a couple more that I haven't been following.  That's not a
good way to get a reasonable settlement for a disagreement.


#7 of 61 by tod on Wed Sep 27 16:54:22 2006:

 This all seems to me like an electronic pushing match between Dan and
 STeve, more than anything.
I think it was a cop-out to ignore the fact that STeve yanked mic's access
without explanation.  Its also a misrepresentation to present the password
hash standardization as "not an emergency".  If the informal stance of staff
and the board is that nothing will be improved upon unless its an emergency
then say it.  Don't waste staff volunteers' time by letting them think they
can improve the system when the truth is that they can't do anything without
prior written approval by self appointed capo de tutti capo staffers.
It is pretty transparent that there is a trust issue at the root of this
problem.


#8 of 61 by eprom on Wed Sep 27 17:37:15 2006:

> I think it was a cop-out to ignore the fact that STeve yanked mic's 
> access without explanation

cronyism.....pure and simple.


#9 of 61 by tod on Wed Sep 27 17:46:06 2006:

I don't think Jan is the crony type.  I'm assuming he doesn't know that
spooked was basically treated like dirt.


#10 of 61 by spooked on Wed Sep 27 20:47:39 2006:

I was not treated perfectly, but the world is not a perfect place (and I 
am far from perfect).  

STeve: if you can apologise, it would be appreciated - I believe your 
intentions were not sinister, but I did not appreciate your rashness 
(and, more so, lack of communication since the episode).  

Nevetheless, I'm not going to resign either way.  We all make mistakes, 
and can learn from them.  At the end of the day, if we care about Grex we 
will cooperate better as a team - this includes following procedure, 
encouraging initiative (within reasonable parameters), and interacting 
more civally and respectfully.





#11 of 61 by nharmon on Wed Sep 27 21:33:28 2006:

Good for you Mic!


#12 of 61 by cross on Wed Sep 27 22:09:45 2006:

Regarding #5; The membership explicitly requested that Steve pulling Mic's
access be on the agenda.  I'm very disappointed that it wasn't really
addressed, paricularly since it wasn't immediately restored.

If Steve truly felt that grex was in danger, then he surely did the right
thing in the moment.  But then it surely became clear that the immediate
cause of the incident was a communication breakdown and a difference of
policy interpretation and not any malicious intent.  It is clear Mic
wouldn't have done the same thing again.  Now, the board has met and agreed
on an interpretation of the policy which clearly implies that both Mic and
myself were wrong with our interpretations.  (I do wish they'd update the
language a bit to be more explicit, but hey, you can't win 'em all.)  But no
where in this fiasco has *anyone* thought that anyone else was acting
maliciously, trying to hurt the system, or doing *anything* permanently
damaging.  Well, maybe that was Steve's initial reaction, but I hope he
quickly came to see that that wasn't the case.  Why, then, the delay?  This
is what has come to concern me more than anything else at this point.  And
actually, it's not even really about this episode: it's about the lack of a
generic policy around this matter.  If someone gets confused and sees
someone installing a new version of emacs, are they going to cut off their
access until the next board meeting?  I certainly hope not!

If Mic felt that Steve was purposely damaging the system, then yes, he'd be
justified in yanking his access.  If after the evidence was presented it was
clear that Mic had been wrong, then surely Steve's access should be
restored.  Any delay in that would be an insult.

I don't believe a hierarchy is necessary, and I certainly don't believe one
is desirable.  A liason position along the lines of that posed by eprom and
nharmon might not be a bad idea, but is somewhat different.  Certainly, a
policy along the lines of what Eric was proposing cannot but be a good
thing.

Regarding #6; I have plenty of respect and admiration for Steve.  I thought
I'd made that clear since this incident happened.  I just think he was
wrong.  It's nothig personal.  I do think Todd is right that it's a bit of a
cop-out not to discuss Steve's actions.

Besides, I'd say this episode is almost over.  But I do feel strongly that
the issue of when and under what circumstances staff can revoke the access
of other staff needs to be addressed.

Regarding #9; I agree.

Regarding #10; You are a bigger man than I.  I quit staff because I felt
insulted by a board member who makes little bones about having a personal
dislike for me.


#13 of 61 by tod on Wed Sep 27 22:32:02 2006:

re #12
 If Steve truly felt that grex was in danger, then he surely did the right
 thing in the moment.  But then it surely became clear that the immediate
 cause of the incident was a communication breakdown and a difference of
 policy interpretation and not any malicious intent.

I agree.  And don't call me Shirley.


#14 of 61 by aruba on Thu Sep 28 04:56:55 2006:

Mic's access to root will be restored momentarily.

Dan: The delay in responding was because the board meeting was scheduled for
Tuesday, adn it was a lot easier to sort out what to do then.  So we waited
a couple of days until the meeting.


#15 of 61 by cross on Thu Sep 28 05:22:15 2006:

I suppose if Mic was aware of that that's one thing.


#16 of 61 by spooked on Thu Sep 28 08:50:35 2006:

Mic wasn't aware of that..... but, Mic's not focusing on the rather poor 
handling of that historical episode.


#17 of 61 by janc on Thu Sep 28 12:59:17 2006:

Mic's root access has been restored.

Root long and prosper.


#18 of 61 by nharmon on Thu Sep 28 13:08:09 2006:

Root the ones you love.


#19 of 61 by cross on Thu Sep 28 13:20:42 2006:

Roto-rooter.


#20 of 61 by tod on Thu Sep 28 18:44:19 2006:

Root wart


#21 of 61 by spooked on Thu Sep 28 23:18:24 2006:

*roots* 


#22 of 61 by cyklone on Fri Sep 29 00:18:41 2006:

A round of root beer for everyone!


#23 of 61 by naftee on Fri Sep 29 03:59:00 2006:

wow, nate; i'm impressed.

i've never had anything that i've written on BBS be read aloud at a board
meeting.


#24 of 61 by jep on Fri Oct 6 20:52:21 2006:

re resp:12:
Dan said:

---
Regarding #5; The membership explicitly requested that Steve pulling Mic's
access be on the agenda.  I'm very disappointed that it wasn't really
addressed, paricularly since it wasn't immediately restored.
---

Ahem.  "The membership" speaks only through elections or user
initiatives.  Say "a member explicitly requested..." or "a couple of
members requested..." and that statement becomes accurate.  Otherwise
you have no right to speak for "the membership".  The Board does that.


#25 of 61 by tod on Fri Oct 6 21:16:00 2006:

re #24
 Ahem.  "The membership" speaks only through elections or user
 initiatives.  Say "a member explicitly requested..." or "a couple of
 members requested..." and that statement becomes accurate.  Otherwise
 you have no right to speak for "the membership".  The Board does that.
Nice way to explain why nobody gives a shit why a couple great staff folks
quit.  *golf clap*


#26 of 61 by cyklone on Fri Oct 6 22:31:26 2006:

Yeah, #24 should be mandatory reading for all. It pretty much sums up many
of grex's problems in ways probably not intended.


#27 of 61 by mcnally on Fri Oct 6 22:57:16 2006:

 I find nothing to disagree with in #24.  I think its relevance is limited
 (pertaining only to the fact that in #5 Dan wrote that "the membership"
 requested something rather than writing "a member" or "some members") but
 jep makes a good point.  There's no cause for sloppy writing or sloppy
 thinking.


#28 of 61 by tod on Sat Oct 7 00:11:14 2006:

Semantics.  It only spins the conversation away from the Board's inaction
toward resolving a rogue staff.


#29 of 61 by cross on Sat Oct 7 01:42:56 2006:

I agree that jep has a point; I could have phrased that better.  But, the
readership (better?) requested that something be discussed at a board meeting,
and someone should have discussed it.

Further, the board doesn't speak for the membership: the membership speaks
for the membership, and the board listens.

That said, I agree that quibbling over semantics isn't going to solve any of
the problems with grex which, it is becoming apparant, run very deep.


#30 of 61 by naftee on Sat Oct 7 02:28:14 2006:

yeah ; "readership" is probably the most accurate.


#31 of 61 by cross on Sat Oct 7 03:12:03 2006:

Or maybe, "members of the readership" or "elements of the readership"


#32 of 61 by cyklone on Sat Oct 7 03:48:31 2006:

Re #28: Exactly!


#33 of 61 by mcnally on Sat Oct 7 04:02:44 2006:

 re #28:
 > It only spins the conversation away from the Board's inaction
 > toward resolving a rogue staff.

 Can you be a little clearer who you're referring to?  I wouldn't
 use the term "rogue staff" to describe either of the two principal
 players (mic or steve) in the latest incident.

 Also, if you're going to be critical of "inaction", then what action
 is it that you want to see the board take?  Reduce their pay?  Put an
 official letter of reprimand in their Permanent Record?  Ground them
 for 48 hours and impose a curfew for the rest of the month?



#34 of 61 by cyklone on Sat Oct 7 04:08:58 2006:

What's the succession plan if STeve has a heart attack? Janc? Train more staff
on more stuff. Implement plans that further that goal. Is the status quo the
best way to increase staff? I doubt it.


#35 of 61 by jep on Sat Oct 7 04:39:36 2006:

The situation appears to me to have been resolved between steve and
spooked.  Mistakes were made aplenty.  That happens sometimes.  With
good will it is sometimes possible to work things out.  That has
happened, with some assistance from aruba and the couragement of the
Board.  I see no reason why I should be unsatisfied with what has been
done to work out the issue.

STeve has been part of Grex since the beginning.  He's trustworthy,
technically excellent, not as diligent as he used to be but geez it's
been 15 years and he's still here.  We're lucky to have him.  I think so
and I think almost everyone would agree.

Now, what should be done differently?  And why?

About the request that they "discuss" the steve/spooked/cross thing...
when has the Board *ever* acted hastily on anything?  I can't recall a
case.  They deliberate and discuss and take their time.  Usually by the
time they get around to doing anything, it's clear to everyone that it's
what they're going to do and most agree it's what they ought to do. 
They try to do what the membership wants and what will allow Grex to
survive.  I couldn't stand to be part of a Board that works that way
myself, but... well... I'm not *on* the Board.  It doesn't keep me from
recognizing the way that it operates, nor from noticing it's worked
pretty well for 15 years.


#36 of 61 by jep on Sat Oct 7 04:40:02 2006:

re resp:34: What are your suggestions?


#37 of 61 by tod on Sat Oct 7 04:55:55 2006:

A technical committee and change control processes would be a good place to
start.  The garage cf has some good ideas simmering and if people don't know
how to get them implemented then a technical committee should embrace that
challenge and document the procedures everyone on staff can agree to.


#38 of 61 by cross on Sat Oct 7 05:41:44 2006:

Regarding #35; I don't think it's been resolved.  Mic quit from staff pending
an apology from Steve that, unless I missed something, never came.  Let's give
Steve the benefit of the doubt and assume he's busy, but still...it's hardly
been "resolved."

This isn't a beat up on Steve issue.  It's really not.  It's about how to
prevent things like this from happening in the future.

Who cares when the board has or has not acted hastily?  They have always put
things on the agenda that people have requested be on the agenda.  They didn't
this time.  What's up with that?

Regarding #37; That's a good start.

But, let's all be perfectly honest here: how many people think Grex is
actually going to change something that goes against the personal opinions
of either Steve or Marcus?


#39 of 61 by aruba on Sat Oct 7 05:54:09 2006:

THe board made a mistake by not discussing the question of when one staffer
should remove another staffer's privileges; it wasn't a premeditated mistake
- we just forgot to discuss it.  So I apologize for that.


#40 of 61 by mary on Sat Oct 7 11:51:22 2006:

One example, Dan, is that both STeve and Marcus thought it was 
a horrible idea to move to our new location and out of the Pumpkin.

Staff and board discussed it and the decision was to move.

That's a biggie and just one example.  I've been present for a lot
of discussions where major (and minor) decisions were made and I 
don't fault STeve if things went his way.  There are a lot of people
involved in important discussions.  They hold the responsibility for
all final decisions, not STeve.


#41 of 61 by tod on Sat Oct 7 16:26:26 2006:

re #40
That's why I'm suggesting a tech committee with change control
responsibilities because if something gets hung up due to someone on the
committee then it can be formally addressed in board meeting minutes rather
than buried somewhere in coop cf and garage cf like it currently is.


#42 of 61 by cross on Sat Oct 7 17:02:41 2006:

Regarding #40; I was referring specifically to grex's hardware and software.
What does colocation have to do with that?  I suppose you could argue that
both Marcus and Steve wanted to go with more SPARC hardware, but in the end
we ended up on an AMD x86 machine anyway.  Good for us.  Aside from the
hardware problems from not buying server-class machinery, we've actually done
well with it.

But the fact of the matter is that, for the most part, if Steve and Marcus
want to make a change, they say, "I'm going to change this...." and go and
do it.  Like Steve resizing the disk partitions so that we had less space on
/a and /c and more log space.  I was on staff at the time; I don't remember
any forward discussion of that AT ALL.  Steve just did it because it made
sense to him (and so that we could, potentially, back up user filesystems to
DVD instead of tape.  To my knowledge, this has never happened once).  Or
Steve buying non-ECC memory when *all* prior discussion had specified ECC
memory (which, it turns out, was pretty important).  Or installing PicoSpan
after everyone had decided to go live with fronttalk - no one even knows if
grex can legally use PicoSpan, after all.

So I'll retract my earlier statement: some decisions have been made against
the better judgement of Steve and Marcus.  Most have not.


#43 of 61 by other on Tue Oct 10 11:03:07 2006:

<aside>

Grex has a license to Picospan.  We can certainly use it.  What we don't
know is whether we can legally alter it.

</aside>


#44 of 61 by cross on Tue Oct 10 13:42:30 2006:

Really?  Where did grex get a PicoSpan licence in 1991?


#45 of 61 by tod on Tue Oct 10 21:41:26 2006:

re #44
It was a work in progress.


#46 of 61 by cross on Tue Oct 10 23:14:40 2006:

Hmm.  Yeah, I thought NETI was a non-entity by that point.


#47 of 61 by janc on Sun Oct 29 01:13:54 2006:

I remember that Mike Myers and Marcus Watts had an agreement with NETI
that allowed them to continue to distribute Picospan after NETI went
under.  I suspect that that agreement was never formally terminated, but
presumably if they did sell a copy, then some payment would have to be
transfered to NETI, something which would at this point be impossible to
do, but probably would still have been possible in 1991.  Of course, no
payment was made so far as I know.  It's possible that Marcus got
approval to donate a copy from the same people who allowed Mike and him
to sell copies after NETI's demise.  I have no way of knowing.  I wasn't
associated with Grex in 1991.

If you really want to know if it's a problem, I suggest you contact the
former president of NETI.  Larry Brilliant is now running the Google
foundation, one of the bigger charitable institutions in the world, so
he is easy to find.  I think it's a pretty good bet that he'd tell us
not to worry about it.


#48 of 61 by cross on Sun Oct 29 01:34:40 2006:

I wonder, if the former president of NETI had no problem with open sourcing
the PicoSpan code, if such a thing could be done?  Rather, *would* the
participants be willing to do so?


#49 of 61 by tod on Sun Oct 29 03:08:48 2006:

NETI was a fat bottom girl that made the rockin world go round


#50 of 61 by cross on Sun Oct 29 03:26:11 2006:

Yeah, but flat bottom girls never make 60 year old Sikh men dance to Bhangra.


#51 of 61 by janc on Sun Oct 29 12:08:57 2006:

I should also say that the person who supplied Picospan to Grex, Marcus,
has stated that Grex does have a valid license.  Generally, when a
software supplier assures me that I have a valid license, I don't keep
worrying about it, and I don't feel morally obligated to run an
investigation into the supplier's business affairs to ensure that he
really had the right to make such assignments.  Marcus says it's OK, and
it's plausible that it is OK.  That's good enough for me.  If the heirs
of NETI, whoever they may be, ever decide to sue Marcus for improperly
distributing copies of Picospan (I'm sure they could collect as much as
47 cents if they could prove it) then that would be between them and
Marcus.   Cyberspace Communications has acted properly.


#52 of 61 by nharmon on Sun Oct 29 12:22:30 2006:

  > Generally, when a software supplier assures me that I have a valid 
  > license, I don't keep worrying about it, and I don't feel morally 
  > obligated to run an investigation into the supplier's business affairs 
  > to ensure that he really had the right to make such assignments.

Where I work we have a policy entitled "Vendor/Supplier Due Diligence"
and it includes some of those things. 


#53 of 61 by twenex on Sun Oct 29 13:44:24 2006:

Question: When a licensor goes under, who is responsible for enforcing the
terms of the licence?


#54 of 61 by tod on Sun Oct 29 15:32:30 2006:

I think a contract or license on paper is always a good thing to have because
you never know who is going to be around years later to know the facts.

re #53
That would be defined in the license as clauses.  The only obligation they
would have is to ensure transfer of the digital materials to the licensee.
Any changes would have to be covered in the license as a clause or
specifically address "authorized users" and "limitations".


#55 of 61 by cross on Sun Oct 29 15:41:00 2006:

I'm really curious if someone could get the code open sourced.


#56 of 61 by twenex on Sun Oct 29 16:39:36 2006:

Re: #54. What I mean is, who is responsible for making sure that the licensee
abides by the terms?


#57 of 61 by tod on Mon Oct 30 04:31:36 2006:

re #56
The licensor of course!  If you don't protect your licenses or copyrights then
you risk them going into public domain.


#58 of 61 by twenex on Mon Oct 30 10:38:51 2006:

In other words, if a licensor goes bust and no-one buys the rights to be a
licensor, they DO go into the PD?


#59 of 61 by nharmon on Mon Oct 30 13:46:00 2006:

I would think so. This would be a case where our warped idea of
"intellectual property" has twisted what copyright is. Everything is in
the public domain, only the government grants exclusive rights to the
inventor for a limited period of time. It isn't the inventor that OWNs
the intellectual property, but rather the inventor has a license from
the government saying he/she has exclusive rights to use it.


#60 of 61 by cyklone on Mon Oct 30 21:22:19 2006:

While I agree that's a reasonable interpretation of the Constitution, as a
practical matter, it means little when Disney lobbies for an extension every
time Mickey's about to fall into the public domain. 


#61 of 61 by tod on Mon Oct 30 21:31:06 2006:

re #58
If people use the licensed item without dispute for a long enough period then
yes it goes into PD.

re #60
There is a fine distinction with Mickey because he was animated "with sound".
There were mice before him like "Miky Mouse" (which Walt stole outright from
a Jewish toy maker in Ohio) prior to 1923..those would be public domain and
ripe for "any kind of usage".  >:)



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