Date: Mon, 19 Nov 2001 11:27:44 -0700
From: "Jeff V. Merkey" <jmerkey@vger.timpanogas.org>
To: Andre Hedrick <andre@linux-ide.org>
Cc: "Jeff V. Merkey" <jmerkey@timpanogas.org>, linux-kernel@vger.kernel.org,
        Linus Torvalds <torvalds@transmeta.com>,
        Alan Cox <alan@lxorguk.ukuu.org.uk>
Subject: Re: [PATCH] nwfs-2.4.15-pre5-4 NWFS Patch
Message-ID: <20011119112744.A4634@vger.timpanogas.org>
In-Reply-To: <3BF84357.4F320987@mandrakesoft.com> <Pine.LNX.4.10.10111182016280.7822-100000@master.linux-ide.org>
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In-Reply-To: <Pine.LNX.4.10.10111182016280.7822-100000@master.linux-ide.org>; from andre@linux-ide.org on Sun, Nov 18, 2001 at 09:35:52PM -0800
Sender: linux-kernel-owner@vger.kernel.org


Dear Mr. Hedrick,

I will comply with the directives of the Linux Community 
Representatives and direct Mr. McCullough to prepare the 
requested documentation.  

As you are aware, NWFS is a total rewrite of Novell's Native File 
System.  TRG has versioning systems that have tracked the creation
of this code since it was begun, and no Novell Source code was 
used, nor was any confidential information or trade secrets of
Novell as defined by UTSA (Uniform Trade Secrets Act).

These materials will be completed and submitted to you NLT 
Wednesday this week.  They will not be posted to LKML, since 
they are attorney work product.  We are greatly honored to be 
afforded the opportunity to submit our technology to the Linux 
Community, and for being given this chance to contribute to Linus 
Torvalds extraordinary efforts and the efforts of the other members 
of the Linux Community who have made a great success.

I will submit this documentation by Wednesday.  Andrew will be 
available at your discretion for a telephonic conversation to
address any specific concerns.  His direct line is 801-222-9635.

Wa-do

Jeff

On Sun, Nov 18, 2001 at 09:35:52PM -0800, Andre Hedrick wrote:
> On Sun, 18 Nov 2001, XXXXX wrote:
> 
> > "Jeff V. Merkey" wrote:
> > > I've posted another patch.  Te previous patch for some reason had
> > > some fixes to NTFS included as well.  Corrected.  This patch is
> > > located at ftp.timpanogas.org:/nwfs/nwfs-2.4.15-pre5-4.gz and incorporates
> > > the NetWare File System (NWFS) into Linux kernel 2.4.15-pre5.
> > > 
> > > This patch is submitted to Linus for consideration of inclusion into
> > > the Linux kernel.
> > 
> > (reply re-directly privately to you, andre)
> > 
> > I don't understand the big secrecy or whatever, on IRC.
> > 
> > If nwfs is legal to submit to Linus, then no problem.  If it's not, then
> > problem.  Either way it's an honest question, "is this legal to
> > post/submit to Linus?"
> 
> Mr. Jeff V. Merkey,
> 
> As you can see above, there are great concerns over the nature and status
> of the source code you have submitted for inclusion to the main linux
> kernel source tree.  Given that I have intimate and detailed personal
> knowledge of your company, the nature an evolution of the source code
> in question, the following requirement is issued to you and your general
> council Mr. Andrew McCullough.
> 
> The follow issues must be settled in a legal brief to be reviewed by
> myself, any appointed general council, and key members of the core linux
> kernel development team and/or their employer.  This may include other
> organizations where this content may be redistributed.
> 
> The first date and time the intial code base for the introduction of
> NetWare File System (classification to mimic) (now referred as NWFS),
> which is to be a direct replacement for system infrastucture based upon
> your time as original author of the Novell 4.XX NWFS, during your
> employment as "Second Fellow" and "Chief Architect".
> 
> Based on general knowledge of case Law in the State of Uath, you must
> legal define the date of first public disclosure of your rewrite of
> methodology to access/update native storage environments having the
> commerical product know to all as Novell OS (NOS) install upon the media.
> 
> Working from that date forward, you are required to outline all formal
> actionable steps taken by your former employer Novell that either can be
> properly described as legal, acceptable attempts to statisfy terms and
> conditions for the two (2) year period that claims can be made against
> TRG et al.  If this time period has expired and Novell may not take
> action, then to the best of my knowledge the materials submitted could be
> acceptable for review.  However, should there be any references or
> capablities to include the Novell Extended Directory Serivces
> (E-Directory), you will be required to remove such material.
> 
> Repeating the previous process above, but to include any environments 
> which can be exercised in any other legal forum not described above.
> 
> I have now placed myself in an unstable position; however, until these
> issues can be addressed and verified, you should not expect the adoption
> of your work on this matter to be accepted at the current time.
> 
> Should you be able to statisfy mine and others concerns in the core
> development team, hand picked by Linus Torvalds, I would drop my concerns
> and suggest global review for adoption.  You should know that I can only
> make suggestions, and raise issues of concern.  The final decision is
> solely the responsiblity of Linus Torvalds.
> 
> 
> Respectfully,
> 
> Andre Hedrick
> ----------------
> Former "CTO Timpanogas Research Group"
> Former "EVP Linux Development, TRG"
> 
> 
> 
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