Open-source spat triggers legal threat

A small company is threatening legal action against some users of the open-source Mambo software for publishing content on Web sites, arguing that the package includes proprietary code.

Brian Connolly, president of Chicago-based Furthermore, plans on Monday to distribute broadly a warning that asserts that users of some Mambo features "are potentially exposed to civil litigation and possibly criminal prosecution" because of copyright infringement. In a rebuttal, Mambo programmers deride the claim as "frivolous and without substance."

In an interview Thursday, Connolly said he contracted with one of Mambo's core programmers to write a proprietary module that plugs into Mambo, but that programmer contributed the modules to the open-source project against the terms of his contract.

The module, called Lead Story Block, is one of several features that make it easier to use Mambo to build Web sites that look like newspaper sites. Furthermore, which is part of software company Literati Group, is trying to start a business hosting such Web sites, Connolly said.

The dispute is the newest chapter in the sometimes awkward interface between the open-source programming philosophy and intellectual property law. The former encourages unfettered sharing of software, but the latter is geared toward restrictions that help individuals or companies keep control over their technology.

The most prominent case featuring a clash of open-source and proprietary methods is The SCO Group's legal case that argues IBM violated its contract with SCO by moving proprietary Unix code to open-source Linux, but there have been others. And in another case, a Dutch company called Sitecom tangled with a programmer of the open-source netfilter/iptables networking software, which was used in a Sitecom networking product.

Mambo Developer's Public Statement in response to Mr. Connolly

To all,

<<In an interview Thursday, Connolly said he contracted with one of Mambo's core programmers to write a proprietary module that plugs into Mambo, but that programmer contributed the modules to the open-source project against the terms of his contract.>>

This is the Public Statement that is on the home Page of the developer that wrote the modified code for Mr. Connolly.

<a class="jive-link-external" href="http://www.sakic.net/" target="_newWindow">http://www.sakic.net/</a>

&lt;&lt;18.09.2004 - Statement regarding Furthermore.com
For the last few weeks a Mr Connolly of Furthemore.com and Literati Inc has made several threats and claims to the Mambo Community regarding alleged use of his code and his ideas in producing "the leading story functionality" in the frontpage of Mambo.
Several news sites have published his story full of untrue where he personally attacks me. Here is my private statement regarding the issue that shows in several points why Connolly's accusations against Mambo and myself are false and without any ground.
Read more...
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On this page, <a class="jive-link-external" href="http://www.sakic.net/index.php?option=news&#38;id=13," target="_newWindow">http://www.sakic.net/index.php?option=news&#38;id=13,</a> is the complete story.

&lt;&lt;18.09.2004 - Statement regarding Furthermore.com

Disclaimer: The statement below expresses my personal views and not the views of Mambo development team or Miro International Pty. For official Mambo statement regarding the issue visit: <a class="jive-link-external" href="http://mamboserver.com/The_News/News/Statement_regarding_Furthermore.com/" target="_newWindow">http://mamboserver.com/The_News/News/Statement_regarding_Furthermore.com/</a>


Back in September 2003 Mr Connolly paid me to do the Mambo Open Source customization for his site Literatigroup.com. There was no copyright agreement or contract signed.

One of the customizations I did was to enable a leading story followed by two stories in separate columns alteration of the frontpage component. I modified an existing Mambo frontpage component and hardcoded nine lines of code that would display the leading story. This alteration was a copy from another part of the original frontpage component released under GPL and copyrighted by Miro International Pty. I was not the original author of the frontpage component in question and thus, Brian Connolly does not own this code.

A month later (October 3, 2003) I developed similar functionality and contributed it to Mambo core. I did not use the same code as the nine lines delivered to Connolly. I implemented a different, dynamic solution with selectable frontpage settings. Again, this code was not same or derived from the snippet made for Literatigroup.com. It was a different development which can be verified by comparing the frontpage component files (I have all files in question).

Mr Connolly still claims that Mambo contains the code developed for him when in fact it does not. If you would take a look, you would see that the code in Connollys site differs from the code in any version of Mambo. While software implementation can be protected by copyright laws, ideas in software are not covered by copyright. Nothing stops anyone to implement the same (in this case just a similar) functionality using different code. Not to mention that the whole file was a GPL derivative and, as such, must remain GPL.

Mr Connolly still seems to think that he owns exclusive rights to the leading story concept in Mambo and requests the frontpage component re-licensed according to his terms. There were hundreds of sites all over the internet that used the same layout even before October 3rd 2003, so Connolly cannot say it was originally his idea (for example see <a class="jive-link-external" href="http://news.bbc.co.uk" target="_newWindow">http://news.bbc.co.uk</a>).
I should mention that Connolly has distributed copies of Mambo under the GPL on his homepage (<a class="jive-link-external" href="http://www.literatigroup.com/furthermore/," target="_newWindow">http://www.literatigroup.com/furthermore/,</a> now removed, screenshot available) which means he has acknowledged that Mambo is GPL and Copyright Miro International Pty. Connolly has only contacted Mambo about a year after alleged breach and during this time he was an active forum member knowing of the existence of this functionality in Mambo core. Connolly also sent threatening emails to mambo users directly and has harassed them (see <a class="jive-link-external" href="http://www.mamboportal.com/content/view/1562/" target="_newWindow">http://www.mamboportal.com/content/view/1562/</a>). He has been taking my words out of context and posted flat lies in try to prove the claims he cant prove by simply comparing the code in question.

To summarize it:
1) The code delivered to Brian Connolly is not the same as the code implemented in Mambo.
2) The code delivered to Brian Connolly was derived from GPL, Copyright Miro International Pty.
3) Brian Connolly distributed copies of Mambo that had the so-called 'infringing' functionality under the GPL.
4) There are no copyright assignments with my signature on.
5) Brian Connolly has no trademarks or patents on anything resembling the disputed functionality.


Emir Sakic
<a class="jive-link-external" href="http://www.sakic.net" target="_newWindow">http://www.sakic.net</a>
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Miro International's response

<a class="jive-link-external" href="http://www.theinquirer.net/?article=18566" target="_newWindow">http://www.theinquirer.net/?article=18566</a>

&lt;&lt;Miro backs Mambo against Furthermore

More, further


By INQUIRER staff: Monday 20 September 2004, 07:58

AUSSIE CONTENT management firm Miro International said that it's backing the Mambo open source development team against claims made by Brian Connolly of Chicago company Furthermore Inc.
See Furthermore takes aim at open source Mambo.

Miro said it is the founder and copyright owner of Mambo Open Source and said in a statement it rarely involves itself in community affairs. But, it added: "Mr Connolly continues to upset the community with threats of copyright infringement to specific individuals in the community".

Said Miro: "Our understanding is that programming alterations were made to a small part of a Mambo page to alter the way a news itsem was displayed. This basic concept was subsequently re-written and expanded upon by the developer and released back to the open source community".

It continued: "The developer has stated that there was no assignment of copyright and Connolly has yet to produce evidence to the contrary".

Miro said it is taking legal advice and "proposes to bring an action against Mr Connolly and Furthermore Inc seeking to restrain Mr Connolly from making further threats". µ
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