Re[2]: Re[2]: accessing client file kernel mode

NTDEV
1

Hello Don,

DB> But at least letting the people know that they are stealing by using the
DB> code may slow the abuse.

DB> Also, note that if they use FileDisk as the basis
DB> of a product which becomes successful the Jamey Kirby the real owner has a
DB> good legal case.

I don’t think so. I’m not a lawyer, but we have here one code under
two licenses (at least you say it, I’ve never seen Kirby’s version).
The one who’ll use the code in his commercial product can and will
say, that he used the version under GPL license. You can say it to him
two thousand times, but unless he’ll sign you a paper that he knows
about it, you have nothing against him. At least this is the way I
believe it goes in my country.

So, If anyone committed any crime (which you don’t put any proofs
anyway, it’s his word against yours - and I don’t have any reason to
believe you or him) it was Bo Branten. Not the one who used the GPLed
code in commercial product.

DB> Especially since they were informed of the theft early on.
As I say, unless they’ll sign you a piece of paper with this, you can
tell them thousand times.

DB> I guess I don’t like thieves or people who take advantage of someone’s
DB> theft.
Who does? But now it’s for me your word against Branten’s. I don’t
have reason to trust more any of you two, so I’ll use the code that is
released under GPL license. When you’ll sue him and win, I’ll stop
using it. Now I can look at it like you are vilifying him. And that
has to me the same moral legitimity as taking advantage of someone’s
theft.

But as I said before, this is OT on this list, can you please stop
spamming about FileDisk?

–
Best regards,
Ivona Prenosilova

2

Sorry, having grown up with an intellectual property lawyer as a father:
“The reciever of stolen goods is at much at fault as the original thief”
and typically the penalties are as strong if the reciever is made aware of
this stuff.

It is not my word against Bo Branten’s. Jamey has the record of Bo asking
for the material, when Bo first published his I for one did a source
comparison of the two, and except for removing Jamey’s ID and adding his own
plus the GNU license they were identical. Note, several well regarded
members of the open source movement have been convinced of these facts and
recognize that the code is stolen.

–
Don Burn (MVP, Windows DDK)
Windows 2k/XP/2k3 Filesystem and Driver Consulting
Remove StopSpam from the email to reply

“ivona prenosilova” wrote in message news:xxxxx@ntdev…
> Hello Don,
>
> DB> But at least letting the people know that they are stealing by using
> the
> DB> code may slow the abuse.
>
> DB> Also, note that if they use FileDisk as the basis
> DB> of a product which becomes successful the Jamey Kirby the real owner
> has a
> DB> good legal case.
>
> I don’t think so. I’m not a lawyer, but we have here one code under
> two licenses (at least you say it, I’ve never seen Kirby’s version).
> The one who’ll use the code in his commercial product can and will
> say, that he used the version under GPL license. You can say it to him
> two thousand times, but unless he’ll sign you a paper that he knows
> about it, you have nothing against him. At least this is the way I
> believe it goes in my country.
>
> So, If anyone committed any crime (which you don’t put any proofs
> anyway, it’s his word against yours - and I don’t have any reason to
> believe you or him) it was Bo Branten. Not the one who used the GPLed
> code in commercial product.
>
> DB> Especially since they were informed of the theft early on.
> As I say, unless they’ll sign you a piece of paper with this, you can
> tell them thousand times.
>
> DB> I guess I don’t like thieves or people who take advantage of someone’s
> DB> theft.
> Who does? But now it’s for me your word against Branten’s. I don’t
> have reason to trust more any of you two, so I’ll use the code that is
> released under GPL license. When you’ll sue him and win, I’ll stop
> using it. Now I can look at it like you are vilifying him. And that
> has to me the same moral legitimity as taking advantage of someone’s
> theft.
>
> But as I said before, this is OT on this list, can you please stop
> spamming about FileDisk?
>
> –
> Best regards,
> Ivona Prenosilova
>
>

3

Don Burn wrote:

Sorry, having grown up with an intellectual property lawyer as a father:
“The reciever of stolen goods is at much at fault as the original thief”
and typically the penalties are as strong if the reciever is made aware of
this stuff.

It is not my word against Bo Branten’s. Jamey has the record of Bo asking
for the material, when Bo first published his I for one did a source
comparison of the two, and except for removing Jamey’s ID and adding his own
plus the GNU license they were identical. Note, several well regarded
members of the open source movement have been convinced of these facts and
recognize that the code is stolen.

Who is Bo Branten?

Best Regards,
hanzhu

4

It is not just Don’s word, it is my word. I wrote the code and put it in the
public around 1997 or 1998. Bo took my code and put a GPL license on it
claiming it as his. I wrote Bo many emails and he did not answer any. I made
several posting on this list and he responded to none.

The code has changed a bit now, but it is still my core code. I made up an
algorithm to set the CHS values based on the size of the virtual disk. This
code is still exactly the same.

Again, you can use the code all you want. I have no intentions to litigate;
I am not like that. If someone needs something of mine so bad that they have
to steal it (i.e. my last company; which will remain nameless), then so be
it.

It all comes back to the ability to innovate. Some folks can not innovate so
they steal other people work.

So, it is true, the code was stolen from me by Bo. There is no question on
this issue.

What I really hate: Having to write this same email over and over again. I
hate bringing the issue to the table all of the time; I do not want to come
off as a whiner.

Jamey Kirby

-----Original Message-----
From: xxxxx@lists.osr.com
[mailto:xxxxx@lists.osr.com] On Behalf Of ivona prenosilova
Sent: Sunday, September 25, 2005 6:54 AM
To: Windows System Software Devs Interest List
Subject: Re[2]: [ntdev] Re[2]: accessing client file kernel mode

Hello Don,

DB> But at least letting the people know that they are stealing by using the
DB> code may slow the abuse.

DB> Also, note that if they use FileDisk as the basis
DB> of a product which becomes successful the Jamey Kirby the real owner has
a
DB> good legal case.

I don’t think so. I’m not a lawyer, but we have here one code under
two licenses (at least you say it, I’ve never seen Kirby’s version).
The one who’ll use the code in his commercial product can and will
say, that he used the version under GPL license. You can say it to him
two thousand times, but unless he’ll sign you a paper that he knows
about it, you have nothing against him. At least this is the way I
believe it goes in my country.

So, If anyone committed any crime (which you don’t put any proofs
anyway, it’s his word against yours - and I don’t have any reason to
believe you or him) it was Bo Branten. Not the one who used the GPLed
code in commercial product.

DB> Especially since they were informed of the theft early on.
As I say, unless they’ll sign you a piece of paper with this, you can
tell them thousand times.

DB> I guess I don’t like thieves or people who take advantage of someone’s
DB> theft.
Who does? But now it’s for me your word against Branten’s. I don’t
have reason to trust more any of you two, so I’ll use the code that is
released under GPL license. When you’ll sue him and win, I’ll stop
using it. Now I can look at it like you are vilifying him. And that
has to me the same moral legitimity as taking advantage of someone’s
theft.

But as I said before, this is OT on this list, can you please stop
spamming about FileDisk?

–
Best regards,
Ivona Prenosilova

Questions? First check the Kernel Driver FAQ at
http://www.osronline.com/article.cfm?id=256

You are currently subscribed to ntdev as: xxxxx@rocketdivision.com
To unsubscribe send a blank email to xxxxx@lists.osr.com

5

Seriously thats what I want to know too, with all this publicity the guy
sure has become famous. Had never heard of the chap until now. Could
somebody please introduce Bo please?

“hanzhu” wrote in message news:xxxxx@ntdev…
> Don Burn wrote:
>
>>Sorry, having grown up with an intellectual property lawyer as a father:
>>“The reciever of stolen goods is at much at fault as the original thief”
>>and typically the penalties are as strong if the reciever is made aware of
>>this stuff.
>>
>>It is not my word against Bo Branten’s. Jamey has the record of Bo asking
>>for the material, when Bo first published his I for one did a source
>>comparison of the two, and except for removing Jamey’s ID and adding his
>>own plus the GNU license they were identical. Note, several well regarded
>>members of the open source movement have been convinced of these facts and
>>recognize that the code is stolen.
>>
>>
>>
>>
>
> Who is Bo Branten?
>
> Best Regards,
> hanzhu
>
>

6

http://www.acc.umu.se/~bosse/

Jamey

-----Original Message-----
From: xxxxx@lists.osr.com
[mailto:xxxxx@lists.osr.com] On Behalf Of bank kus
Sent: Tuesday, September 27, 2005 3:05 AM
To: Windows System Software Devs Interest List
Subject: Re:[ntdev] Re[2]: Re[2]: accessing client file kernel mode

Seriously thats what I want to know too, with all this publicity the guy
sure has become famous. Had never heard of the chap until now. Could
somebody please introduce Bo please?

“hanzhu” wrote in message news:xxxxx@ntdev…
> Don Burn wrote:
>
>>Sorry, having grown up with an intellectual property lawyer as a father:
>>“The reciever of stolen goods is at much at fault as the original thief”
>>and typically the penalties are as strong if the reciever is made aware of

>>this stuff.
>>
>>It is not my word against Bo Branten’s. Jamey has the record of Bo asking

>>for the material, when Bo first published his I for one did a source
>>comparison of the two, and except for removing Jamey’s ID and adding his
>>own plus the GNU license they were identical. Note, several well regarded

>>members of the open source movement have been convinced of these facts and

>>recognize that the code is stolen.
>>
>>
>>
>>
>
> Who is Bo Branten?
>
> Best Regards,
> hanzhu
>
>

—
Questions? First check the Kernel Driver FAQ at
http://www.osronline.com/article.cfm?id=256

You are currently subscribed to ntdev as: xxxxx@rocketdivision.com
To unsubscribe send a blank email to xxxxx@lists.osr.com