Rebel wrote:As I see it, accusations without providing evidence are worthless and when given the chance by the initiative of Sven (June 2010) Vas failed again what he should have done in the first place when he made the Ippolit claim
8 months earlier.
By his refusal to do so the claim lost its right, perhaps even on a juridical base. So Ippolit is freeware. Everybody is free to start from it. Julien as a lawyer might want to shed his light on this.
Sure! Actually, by waiting too much, Vas only lost a part of his rights (in my country anyway). Since 2007, patent or brand infringement has a three-years prescription (it was ten years before, but I guess we had to change it for EU conformity). But copyright infringement, business dishonesty (
"concurrence déloyale") or brand infringement when the brand is notorious are prescribed by five years... starting with (and here the law changed)
"the titular of the (infringed) right knew or should have known" the facts infringing his rights (Art. 2224, Fr. Civil code). (before it was "since the harm started"). Note that the judges would be less understanding with a "professional of the field" taking too long to act (because he has less excuses not to notice the harm done to his rights). So, for copyright infringement (code theft, here) Vas can still act until 2014. That is... if he has a case.
Regarding Houdini, and IF Houdini started from public domain code, Robert Houdart did nothing illegal. Ethically wrong by not acknowledging the sources base of his engine, yes, but not illegal. (But I take that your poll bears ethical grounds, not legal grounds, and I too think that Robert Houdart should not deny Houdini's origin.) In the other hand, Richard Vida most probably broke criminal laws, maybe business law if his legal opponent can prove he is a competitor in the economical meaning of the word, and probably contract law if he broke Houdini's license (this I can't be sure, because I don't own Houdini myself). So if Richard Vida asks for all Robodini threads to be removed we will probably do that. (We, btw, never delete anything: all the removed posts/threads are put into a non-public archive.)
(BTW, I'm not a lawyer, I'm a jurist and a law teacher.)