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

[Becky Hogge]

Why are we withholding payment?

On 1 February 2011 11:52, Rufus Pollock <rufus.pollock at okfn.org> wrote:
> 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/
>
>
>
>
>
>
>
> --
> Co-Founder, Open Knowledge Foundation
> Promoting Open Knowledge in a Digital Age
> http://www.okfn.org/ - http://blog.okfn.org/
>
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