[foundation-board] Fwd: WDMMG overdue payment and code release

Tue Feb 1 11:52:22 UTC 2011

Hi All,

I don't see the need to have all of you cc'd on this so I will
continue the discussion with them directly though I will, of course,
keep the board updated. I would quickly point out that since there
email in November I have emailed them several times regarding the
situation and this latest response from them is, I believe, occasioned
by me writing to them saying I wouldn't pay them at all unless they
got back to us about what was going on!

Rufus

---------- Forwarded message ----------
From: Liz Turner <liz at iconomical.com>
Date: 1 February 2011 11:13
Subject: WDMMG overdue payment and code release
To: Rufus Pollock <rufus.pollock at okfn.org>
Cc: James Casbon <casbon at gmail.com>, Martin Keegan
<martin at no.ucant.org>, Becky Hogge <becky.hogge at gmail.com>, Paula Le
Dieu <paula at ledieu.org>, ian.brown at oii.ox.ac.uk,
jordan at opencontentlawyer.com, Jo Walsh <jo.walsh at ed.ac.uk>

Dear Rufus Pollock,

Regarding your email dated January 30th we can inform you as follows.

As you are aware, the source code OKFN has access to is not the latest
version. Iconomical has undertaken considerable work as requested by
OKFN, adding new functionality not specified in the original design.
We wish to make the code available to OKFN, so that work may continue
on this project.

On November 26th we sent you an email proposing how we might move
forward to resolve all issues regarding source code asap. We stated
that the latest version of the source code will be released as soon as
all financial obligations are met by OKFN. Only then will Iconomical
distribute the source code to OKFN and grant OKFN the use of the code
under a GPL open source license.

While these matters remain unresolved, we are obliged to point out
that OKFN are presently engaging in unauthorized use of software
belonging to Iconomical. Furthermore, we understand that, by reselling
Iconomical's software and granting use of said software to third
parties, OKFN is presently in breach of Intellectual Property laws. We
note that as long as OKFN has not paid in full for the services of
Iconomical, all the rights of the software remain with Iconomical, and
OKFN has no rights of use or of sub-licensing.

Since our invoice dated November 15th for the amount of €13,150 (plus
VAT) is long overdue, we suggest OKFN arranges payment within 7 days.
Iconomical will then release the source code for the current version
of the software within 24 hours of receiving the money. The terms of
release will include full permission for further use by OKFN, under
GPL as agreed, as well as retroactive permission for premature use of
the software (see above).

However, if OKFN does not fulfill its financial obligations within
this time period, we reserve the right to further action concerning
the outstanding payment and the illegal reselling of the software.

We trust that we have informed you sufficiently and we look forward to
resolving this matter within a week,

Yours sincerely,

David Boyce
Elizabeth Turner

Directors. iconomical

CC: OKFN Board members
 Dr Ian Brown
 James Casbon
 Martin Keegan
 Jordan Hatcher
 Becky Hogge
 Paula Le Dieu
 Jo Walsh

iconomical
Keizersgracht 8
1015 CN Amsterdam
http://www.iconomical.com/

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Promoting Open Knowledge in a Digital Age
http://www.okfn.org/ - http://blog.okfn.org/