Responding to your CDDB Inquiries (fwd)

Mike Oliphant (oliphant nospam at ling.ed.ac.uk)
Tue, 9 Mar 1999 18:42:23 +0000 (GMT)

Dear Jim,

Since you, or someone who works for you, is reading this list, I thought
I would just respond to you in this forum.

I do not know if my request for information was "honorable", but it was
certainly reasonable. I am the author of a cd-player that uses the CDDB
protocol. You sent me a license agreement to sign. As I have stated
previously, I simply want to know:

a) Whether Escient is in a legal position to offer me a license on the
ability to "CDDB-enable" my cd-player application, and if so, what
justifies this legal position (copyright, patent, etc.)

b) What copyright or patent will I be infringing if i do not sign this
license, but retain CDDB features in my application.

A clarification on both of these issues would be most helpful (required,
actually, if you expect to see your license signed by anyone).

Best Regards,

Mike

---------- Forwarded message ----------
Date: Tue, 9 Mar 1999 13:23:05 -0500
From: Jim Kinney <jk nospam at cddb.com>
To: "'oliphant nospam at ling.ed.ac.uk'" <oliphant nospam at ling.ed.ac.uk>
Cc: Andrew Stess <AStess nospam at escient.com>
Subject: Responding to your CDDB Inquiries

Mr. Oliphant:

We would be happy to respond to your CDDB licensing questions if your
intentions are honorable. Please note the following excerpt of an email
that was authored by you.

+++++++++++
I didn't like the license, so I typed in some excerpts and sent
them to slashdot (which resulted in this whole sequence of these events).

You can get the pdf file at:

http://www.ling.ed.ac.uk/~oliphant/grip/agreementv1.5.pdf

Feel free to do what you want with it, but please don't pass on this URL.
+++++++++++

You certainly are entitled to express your views freely on Slashdot or any
other newsgroups. My concern is that your current requests for information
are not really intended to understand our licensing requirements, but rather
are intended to gather "fuel for the fire" in your other efforts. If your
requests are honorable in their intention, we will be happy to reply.

Best regards, jk

Jim Kinney
General Manager
CDDB, Inc., an Internet enterprise of Escient, Inc.

-------- My original messat ---------

Date: Tue, 9 Mar 1999 15:22:03 +0000 (GMT)
From: Mike Oliphant <oliphant nospam at ling.ed.ac.uk>
To: Andrew Stess <andrew nospam at cddb.com>
Cc: Mike Oliphant <oliphant nospam at ling.ed.ac.uk>
Subject: RE: Licensing agreement 1.5 attached

On Mon, 8 Mar 1999, Andrew Stess wrote:

> I can tell you that we are committed to keeping CDDB free for developers
> and end users.

Thanks for the quick reply Andrew. I am still unclear on the issues I
asked you about, however. Before I sign the license agreement, I need to
know that Escient is actually in a position to grant me a license to use
the CDDB protocol, and that I am legally required to have such a license.

Please do not get me wrong, here. I do not want to break the law by
infringing on copyrights or patents that Escient owns. I am just asking
for a clarification of what priviledges the license agreement grants that
I do not have if I do not sign the license.

Best Regards,

Mike