James Murray hat geschrieben:I find it most strange that many replies here appear to be attempting to make me out to be the bad guy.
that may be some trouble with the language barrier. i don't think anybody wants to make you the bad guy. but maybe some are not familiar with the kind you are enforcing your rights. an email with something like "i'm the copyright owner of xx and it seams you are using my property without my permission. we need to find a solution" would be much better than "Stop illegally using the xx firmware" and "I will be taking legal advice" . i can only quote what i've been shown, so i apologise if it doesn't show everything from the mail.
Imagine this situation. You walk into a shop and then take some product without paying. Outside you are stopped by a policeman. You then explain to him why it was in fact the shop-keeper's fault.That is exactly how it feels to me.
and now imagine this, the german law requires the owner to protect his property. if you don't you're at least partly to blame, if not fully, what we call "anstiftung zu einer straftat". don't know how this would be called in english, maybe "abetting a criminal offence" or so. i know that such a law doesn't exist in the USA because the police can park a car with running engine and wait for someone who steals it. would be highly illegal in Germany.
this has nothing to do dirctly with MS or it's use, but it shows some possible differences at law.
Using the firmware without license is in breach of copyright - plain and simple.
that depends. in Germay any private person has the right to copy for private use. i can legaly copy my bought music, movies, and even books. as long as i don't sell them or make hundreds of copies, or have to break copy protection. but i may give them to my brother or neighbour, too. so if i ever bought a MS1/2/3 i may copy the firmware from it, if it's not protected, and may transfer it to a similar processor for personal use.
B&G are under no obligation to issue licenses. It is up to them to decide how they license their intellectual property. For the most part they also handle the licensing of my derivative works.
Saying "well I asked for a license" is almost irrelevant. Do you have a license or not?
yes, but if you can proof that the negoations with B&G finished with the promise their lawer will ship the contract it will make a difference regarding the obligation.
Regarding ancient Megamanual comments.
"MegaSquirt is an open project"
Yes it is. How many other ECUs allow the users to discuss features with the firmware developers and allow end user modification of the firmware?
That does not in any way say that Megasquirt is "open source". That term has a very strict meaning which cannot be applied to Megasquirt.
However, whatever other comments may have been made in 2004 pre-date the MS2 firmware by a number of years and may or may not be valid.
I contacted Phil Ringwood about the quoted comments - he says he has no recollection, but that's irrelevant anyway - Phil is not a copyright holder on MS2.
For example, if I make a statement "Microsoft Office is now open source and you may install it for free on as many computers as you wish" -does that make it true? No it doesn't ! The same applies to Phil's quoted words, he does not speak for MS2 licensing and his words were incorrect.
let's take a look. "open source" means the source code is available. i think this applies, does't it?
and after this fact, there comes the differences if you can modify the code for yourself (that apply, too?), or sell it (thats not allowed, if i'm right). and many more. but none of this changes something regarding the open source if the source code is readily available.
Office will never be open source untill the source code is readily available. even if Microsoft is giving it away for free, it's not open source, but just free software. and open source doesn't mean it's free.
i know that Philip Ringwood (you too, but you didn't reply) was contacted regarding MS1 extra, not MS2.