For immediate release: Koha Open Source Community Regrets Failure of PTFS, Inc. to Comply with Community Guidelines
January 29, 2009-- The creators and developers of Koha, the first open source Integrated Library System (ILS), today expressed regret that PTFS, Inc has chosen not to follow the Koha ILS free and open source software community guidelines as stated on http://koha.org. "PTFS' request to be listed on the Pay for Support page of the Koha community's web site (http://koha.org) has been declined due to the failure of PTFS to meet the project guidelines followed by those who are listed," said project founder Rachel Hamilton-Williams of Katipo Communications. For instance, PTFS is currently operating a web site that uses 'Koha' in its domain name contrary to community guidelines published on the koha.org web site. "I clarified the community guidelines with PTFS over two months ago (on behalf of the Koha Project) and encouraged them to comply, so we're very disappointed there has been no movement on them to date," she said. The guidelines in question pertain to the usage of the word 'Koha' in a company name, DBA , or domain name. Listed companies are welcome to use the word 'Koha' in a tag line and as part of other statements (in product names, for example). Community guidelines also state that the official Koha logos should not be used as a company logo, or as the favicon on a corporate website. PTFS is currently using the logo as a favicon. Hamilton-Williams explained: "Use of 'Koha' in company or domain names implies that one company is the 'official' support provider for the project or formally affiliated with the project in some way. We have many companies worldwide actively involved in the Koha Project, but none are 'the' official providers of support. There is general respect for these guidelines from companies actively contributing to the project." "PTFS has yet to participate in the community or submit a single piece of code or patch to the Project. They have not contributed to or supported the project at all," said Chris Cormack, original author of the Koha version 1.0, and current Translation Manager for the Project. At this time, PTFS, Inc is not associated with the official Koha Project or the koha.org website in any way. The Koha project is sustained by the tireless efforts of companies, libraries and individuals around the world who contribute code, documentation and advice. "We welcome to the community new participants who agree to abide by the community guidelines and who get involved in the collaborative development of the Project," said Joshua Ferraro, CEO of Liblime. The Koha Project contributors supporting this statement (listed below) urge PTFS to: * immediately cease use of the word 'Koha' in any domain name of the company; * immediately cease use of the Koha logo as a web site favicon; * become involved in the Koha community (in the ways described on koha.org). "Respect for the community guidelines helps the open source model of the project to be sustained, with benefits for all participants," Rachel Hamilton-Williams said. Signatories: Rachel Hamilton-Williams, Kaitiaki, Katipo Communications Ltd Rosalie Blake Head of Libraries, Horowhenua Library Trust Irma Birchall, Director, Calyx Group Pty Limited (Australia) Paul Poulain, BibLibre, CEO. Release Manager of Koha 2.x Henri-Damien LAURENT, BibLibre, CTO, Release Maintainer 3.0 Galen Charlton, Koha 3.2 Release Manager; VP Research & Development, LibLime Joshua Ferraro, CEO, LibLime; Koha 3.0 Release Manager Chris Cormack, Release manager 1.2, Current Translation Manager MJ Ray, Member of Turo Technology LLP, Release Maintainer 2.0 About Koha Koha is the first open-source Integrated Library System (ILS). In use worldwide, its development is steered by a growing community of libraries collaborating to achieve their technology goals. Koha's impressive feature set continues to evolve and expand to meet the needs of its user base. Koha has lived up to its name, which means 'Gift' in the Maori language of New Zealand. To learn more about the Koha project, visit: http://koha.org -- Paul POULAIN BibLibre, CEO, Release Manager of Koha 2.x Phone: (+33) 4 91 81 35 08
paul POULAIN wrote:
"PTFS has yet to participate in the community or submit a single piece of code or patch to the Project. They have not contributed to or supported the project at all," said Chris Cormack, original author of the Koha version 1.0, and current Translation Manager for the Project.
If it is found that PTFS makes any changes to the source code and distributes those changes to their customers, then under the GPL they are bound to make those changes available to the public. If it is found that PTFS does not make such changes available, their licence to use Koha can be immediately suspended and further action taken if they do not comply. This kind of thing has happened many times in the past with GPL software and the GPL software copyright holder has always prevailed, most often without any need for legal action being taken. Reference: <http://gpl-violations.org/> IANAL, but it would appear that issues relating to logo and name hijacking are more complex to deal with, since we are getting into the area of trademarks. Has the Koha project registered a trademark? cheers rickw -- _________________________________ Rick Welykochy || Praxis Services "There are no significant bugs in our released software that any significant number of users want fixed. " -- Bill Gates (1995)
Rick Welykochy <rick@praxis.com.au> wrote:
If it is found that PTFS makes any changes to the source code and distributes those changes to their customers, then under the GPL they are bound to make those changes available to the public.
The GPL doesn't require immediate publication. Rather, modifiers have to license the changes to the public and also make them available to their users. If PTFS isn't contributing back, we need helpful PTFS customers to share the improvements with the community. [...]
IANAL, but it would appear that issues relating to logo and name hijacking are more complex to deal with, since we are getting into the area of trademarks. Has the Koha project registered a trademark?
Some of the developers hold trademarks (registered and unregistered) until the Koha project has suitable legal person(s) to hold them itself. I think calling one's business Koha has always been discouraged (Koha was one of our(TTLLP's) first products and LibLime's too, and neither of us trades as Koha) and wilful commercial infringement of the trademarks is a crime in all WTO countries (Article 61 of the TRIPs agreement). Hope that helps, -- MJ Ray (slef) Webmaster for hire, statistician and online shop builder for a small worker cooperative http://www.ttllp.co.uk/ http://mjr.towers.org.uk/ (Notice http://mjr.towers.org.uk/email.html) tel:+44-844-4437-237
Rick Welykochy a écrit :
paul POULAIN wrote:
"PTFS has yet to participate in the community or submit a single piece of code or patch to the Project. They have not contributed to or supported the project at all," said Chris Cormack, original author of the Koha version 1.0, and current Translation Manager for the Project.
If it is found that PTFS makes any changes to the source code and distributes those changes to their customers, then under the GPL they are bound to make those changes available to the public. Hi Rick,
Nope, they are bound to provide the source code to their customers, with the permission to modify & redistribute it themselves. The source code IS shipped with koha, due to Perl For permission to modify & redistribute, I bet that their customers don't care, so they won't (+ they don't have technical knowings probably) -- Paul POULAIN http://www.biblibre.com Expert en Logiciels Libres pour l'info-doc Tel : (33) 4 91 81 35 08
participants (3)
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MJ Ray -
paul POULAIN -
Rick Welykochy