Posted by: Anonymous Coward
on September 15, 2006 09:31 AM
[Rabinovich] now points to online articles that he believes supports his position, such as Eric Schnell's and Jason Rumney's blogs.
<a href="http://ericschnell.blogspot.com/2006/09/gpl-may-be-tested-in-israeli-court.html" title="blogspot.com">Eric Schnell</a blogspot.com> got the whole thing backwards. He thinks that Jin has an A/V module, which IChessU decided not to use and thus do not publish its source code. From his blog:
From I can make out, Jin's creator Alexander Maryanovsky's problem with IChessU is that while IChessU has utilized Jin's code, they are not distributing Jin's entire source code. An A/V module in Jin is not being used by IChessU and therefore the source code is not included.
I've tried to respond to his blog, but his captcha seems to be broken. I've emailed him but got no response so far.
I couldn't find anything related on <a href="http://jasonrumney.net/roller/page/jason" title="jasonrumney.net">Jason Rumney's</a jasonrumney.net> blog, even with a google search.
"All the articles were produced only by Maryanovsky people/fans," [Rabinovich] says, "which is fine because they are published in developer's magazines/sites..
Where would Rabinovich have GPL violation related articles posted? A cooking magazine? Are Slashdot, Yediot Ahronot and Arstechnica all my fans? I didn't know I was that popular.
"He also said," Maryanovsky writes, "that they are planning to wrap Jin in a layer that would allow it to be controlled via a socket. I told [Rabinovitch] that I believe this would still, most likely, be violating the GPL." Despite this opinion, IChessU proceeded with its plan [snip]
That's wrong. As I mention on my page, they abandonded that idea and proceeded to use Jin in a straightforward manner.
Rabinovitch, however, writes [snip] The guy is hurt
Gee, I wonder why I'd be hurt? Could it be because Rabinovich stole my work?
Rabinovitch rejects the charge of bad faith negotiations because it is made without any explanation or evidence.
As I explained to him in my <a href="http://jin.sf.net/ichessu/reply_to_response.pdf" title="sf.net">response</a sf.net>, there's was no need to explain anything or bring evidence. The letter was to him - he already knows all the evidence! He was there at the negotiations!
Writing to NewsForge, Rabinovitch states that all source code was posted to the IChessU site, including that for the audio-visual module -- a claim that cannot be substantiated, since all code has now been removed from the IChessU site. He characterizes the audio/voice module as a separate program that "has nothing in common with the original Jin (it is even written in a different computer language!).".
So if the source code to the A/V module was released under the GPL, as required, why argue that it's a separate program? Not that it makes any difference, as that is exactly the point of the GPL - even unrelated code becomes "infected", as long as it's part of the same application. If I didn't want unrelated code infected, I'd release Jin under the LGPL. That is the whole difference between the GPL and the LGPL!
What if we integrated into Jin a Microsoft Word button -- would Mr. Maryanovsky then claim that we should publish the Microsoft source code as well?
No, I would then claim that they cannot publish the resulting application at all, as the GPL clearly states:
If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all.
As has been pointed out many times - you do not have any rights to a GPLed application except for the rights that the GPL gives you. The GPL does not give you the right to add a "Microsoft Word button" to Jin (except if you're Microsoft and plan to release Word under the GPL), so you have no such right.
Rabinovitch would not specify his exact location, but says that he and his wife moved for employment and family reasons.
Yeah, I guess that pretty much characterizes Rabinovich. Why would he be avoiding the lawsuit, which would obviously clear his and his company's name, if he was right?
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Some clarifications and comments
Posted by: Anonymous Coward on September 15, 2006 09:31 AM[Rabinovich] now points to online articles that he believes supports his position, such as Eric Schnell's and Jason Rumney's blogs.
<a href="http://ericschnell.blogspot.com/2006/09/gpl-may-be-tested-in-israeli-court.html" title="blogspot.com">Eric Schnell</a blogspot.com> got the whole thing backwards. He thinks that Jin has an A/V module, which IChessU decided not to use and thus do not publish its source code. From his blog:
From I can make out, Jin's creator Alexander Maryanovsky's problem with IChessU is that while IChessU has utilized Jin's code, they are not distributing Jin's entire source code. An A/V module in Jin is not being used by IChessU and therefore the source code is not included.
I've tried to respond to his blog, but his captcha seems to be broken. I've emailed him but got no response so far.
I couldn't find anything related on <a href="http://jasonrumney.net/roller/page/jason" title="jasonrumney.net">Jason Rumney's</a jasonrumney.net> blog, even with a google search.
"All the articles were produced only by Maryanovsky people/fans," [Rabinovich] says, "which is fine because they are published in developer's magazines/sites..
Where would Rabinovich have GPL violation related articles posted? A cooking magazine? Are Slashdot, Yediot Ahronot and Arstechnica all my fans? I didn't know I was that popular.
"He also said," Maryanovsky writes, "that they are planning to wrap Jin in a layer that would allow it to be controlled via a socket. I told [Rabinovitch] that I believe this would still, most likely, be violating the GPL." Despite this opinion, IChessU proceeded with its plan [snip]
That's wrong. As I mention on my page, they abandonded that idea and proceeded to use Jin in a straightforward manner.
Rabinovitch, however, writes [snip] The guy is hurt
Gee, I wonder why I'd be hurt? Could it be because Rabinovich stole my work?
Rabinovitch rejects the charge of bad faith negotiations because it is made without any explanation or evidence.
As I explained to him in my <a href="http://jin.sf.net/ichessu/reply_to_response.pdf" title="sf.net">response</a sf.net>, there's was no need to explain anything or bring evidence. The letter was to him - he already knows all the evidence! He was there at the negotiations!
Writing to NewsForge, Rabinovitch states that all source code was posted to the IChessU site, including that for the audio-visual module -- a claim that cannot be substantiated, since all code has now been removed from the IChessU site. He characterizes the audio/voice module as a separate program that "has nothing in common with the original Jin (it is even written in a different computer language!).".
So if the source code to the A/V module was released under the GPL, as required, why argue that it's a separate program? Not that it makes any difference, as that is exactly the point of the GPL - even unrelated code becomes "infected", as long as it's part of the same application. If I didn't want unrelated code infected, I'd release Jin under the LGPL. That is the whole difference between the GPL and the LGPL!
What if we integrated into Jin a Microsoft Word button -- would Mr. Maryanovsky then claim that we should publish the Microsoft source code as well?
No, I would then claim that they cannot publish the resulting application at all, as the GPL clearly states:
If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all.
As has been pointed out many times - you do not have any rights to a GPLed application except for the rights that the GPL gives you. The GPL does not give you the right to add a "Microsoft Word button" to Jin (except if you're Microsoft and plan to release Word under the GPL), so you have no such right.
Rabinovitch would not specify his exact location, but says that he and his wife moved for employment and family reasons.
Yeah, I guess that pretty much characterizes Rabinovich. Why would he be avoiding the lawsuit, which would obviously clear his and his company's name, if he was right?
Alexander (aka Sasha) Maryanovsky.
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