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Official Statements and Responses  
Wednesday, September 15, 2004
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Official Statements and Responses
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Here find Mambo's official statements followed by Furthermore's responses respectively.  On page 1 is Mambo's position on the matter.  On page 2 find the developer's statement.  And on page 3 find a statement by Mambo's parent Miro International.

MAMBO’S STATEMENT

As many of you are aware 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.

We were initially very surprised at Mr Connolly's claim as they date back to an alleged breach of copyright that occurred 366 days ago.

We have investigated these claims and believe that:

1. The dispute relates to an alleged breach of contract between Mr Connolly and the privately commissioned developer and is thus nothing to do with Mambo

2. The code in question is a derived work of existing GPL code and therefore must remain GPL.

3. By continuing to distribute Mambo on his site, Mr Connolly has acknowledged that Mambo is GPL and Copyright Miro International Pty.

In addition it has always been a fundamental part of Mr Connolly's claims that whilst he is perfectly happy for the code to remain within Mambo he wants:

1. The code to be released under a non GPL License

2. The right to prevent the code being used on ANY site that HE decides is in competition with Futhermore.com

Mr Connolly alleges that a contract exists between himself and the developer but despite numerous requests he has refused to produce it.

We the Mambo Dev team together with Miro International Pty. are not prepared to tolerate this situation any further. The personal abuse, threats etc issued by Mr Connolly have no place in an Open Source community project. As a result earlier today we issued Mr Connolly with a final ultimatum to produce his evidence. Not surprisingly he has not.

We therefore take the view that these claims are frivolous and without substance.

This matter is now in the hands of our legal advisors and we will be making no further public statements, nor will we permit any further discussions on this matter to take place in the official forums as they have only resulted in further personal abuse.

FURTHERMORE’S RESPONSE

Mambo’s official statement above regrettably is false and purposefully misleading.

Here specifically are a few of their statements followed immediate by our response:

-- In Mambo’s Statement they wrongly contend that “We were initially very surprised at Mr. Connolly's claim as they date back to an alleged breach of copyright that occurred 366 days ago.” MISLEADING. The misappropriation of code was brought to the attention of the Literati Group (Furthermore’s parent company) Friday, October 03, 2003 at 11:42 AM. We corresponded our objection to the offending party (a lead developer of Mambo) Friday, October 3, 2003 at 1:04:27 PM.

-- In Mambo’s Statement they wrongly contend that “The dispute relates to an alleged breach of contract between Mr. Connolly and the privately commissioned developer and is thus nothing to do with Mambo.” THIS IS WRONG AS A MATTER OF LAW. A Mambo lead developer has admitted in writing to misappropriating the code. Mambo has benefited and continues to benefit from the misappropriation.

-- In Mambo’s Statement they wrongly contend that “The code in question is a derived work of existing GPL code and therefore must remain GPL.” WRONG IN FACT. The invention was converted to code that was then variously added to GPL without the express permission of its owner. We have NOT extended a license GPL or otherwise to anyone to use this code.

-- In Mambo’s Statement they wrongly contend that “By continuing to distribute Mambo on his site, Mr Connolly has acknowledged that Mambo is GPL and Copyright Miro International Pty.”  THIS, TOO, IS FALSE. We do not, and have not, distributed Mambo.  (Note: the Furthermore site is a staging area and has only ever been used for set up and demonstration purposes.) 

-- In Mambo’s Statement they wrongly contend that “Mr. Connolly alleges that a contract exists between himself and the developer but despite numerous requests he has refused to produce it.” THIS IS A FLAT OUT LIE. First off, the contract was with a mambo lead developer. Secondly, we provided the contract to Mambo’s Project Manager Robert Castley before he released their Statement.

We at Furthermore deeply regret that Mambo has taken this position. We can only assume that one of their key developers was correct in saying recently, "There have been many cases where developers seem to have breached the GPL, for instance, and the community has lashed out without forethought." Bottom line: it is totally irresponsible and only serves to ultimate put the users of Mambo in legal jeopardy.




CAST YOUR VOTE
What form of resolution is best for Open Source?
Parties compromise and agree to a reasonable settlement
Parties defer to Industry arbitration
Castley and Mambo hobbiest ignore it hoping it goes away
Furthermore sues individual Users
Various opinions and mudslinging in tech and business press ongoing
  
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