From owner-freebsd-hubs@FreeBSD.ORG Thu Mar 11 12:45:32 2010 Return-Path: Delivered-To: freebsd-hubs@FreeBSD.org Received: from mx1.freebsd.org (mx1.freebsd.org [IPv6:2001:4f8:fff6::34]) by hub.freebsd.org (Postfix) with ESMTP id 4037F1065670; Thu, 11 Mar 2010 12:45:32 +0000 (UTC) (envelope-from rwatson@FreeBSD.org) Received: from cyrus.watson.org (cyrus.watson.org [65.122.17.42]) by mx1.freebsd.org (Postfix) with ESMTP id 141068FC16; Thu, 11 Mar 2010 12:45:32 +0000 (UTC) Received: from [192.168.2.102] (host86-180-59-125.range86-180.btcentralplus.com [86.180.59.125]) by cyrus.watson.org (Postfix) with ESMTPSA id 964E246B39; Thu, 11 Mar 2010 07:45:30 -0500 (EST) Mime-Version: 1.0 (Apple Message framework v1077) Content-Type: text/plain; charset=windows-1252 From: "Robert N. M. Watson" In-Reply-To: <4B9803D4.2000603@FreeBSDFoundation.org> Date: Thu, 11 Mar 2010 12:45:28 +0000 Content-Transfer-Encoding: quoted-printable Message-Id: References: <4B9803D4.2000603@FreeBSDFoundation.org> To: "Justin T. Gibbs" X-Mailer: Apple Mail (2.1077) Cc: board@FreeBSDFoundation.org, freebsd-hubs@FreeBSD.org, developers@FreeBSD.org Subject: Re: Google Chromium and Red Bend Ltd.'s alleged infringement of U.S. Patent # 6546552 X-BeenThere: freebsd-hubs@freebsd.org X-Mailman-Version: 2.1.5 Precedence: list List-Id: "FreeBSD Distributions Hubs: mail sup ftp" List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Thu, 11 Mar 2010 12:45:32 -0000 On Mar 10, 2010, at 8:40 PM, Justin T. Gibbs wrote: > Late last week, the FreeBSD Foundation received a cease and desist = letter > from Red Bend Software. In summary, they request that the we cease = any > and all distribution of files that are claimed to infringe Red Bend's = U.S. > patent covering a compression scheme used in software updates. The = letter > lists as examples several versions of the Chromium distribution for = Gentoo > Linux that appear on a FreeBSD mirror site (ftp2.es.FreeBSD.org). = I've > attached a scan of the letter for your reference. >=20 > This letter is mis-targeted for several reasons: the FreeBSD = Foundation > doesn't own or operate all of the machines in the FreeBSD mirror = network > and the software in question was not developed by or for us. Our = response > will say as much and I do not expect any further difficulty for the = FreeBSD > Foundation in this matter. However, I believe that Red Bend will = quickly > move on to contacting individual mirror sites that are hosting these = files. > For this reason, I urge mirror site administrators to become familiar = with > Red Bend's complaint, determine if your system is distributing = allegedly > infringing software, and then to decide the appropriate action for = your > circumstances. >=20 > For developers, I know that some of you may be involved with or = considering > work on Chromium. I urge you to also become familiar with this issue = and > take any necessary steps to protect yourself from liability or the = risk > of a costly (even if frivolous) lawsuit. Until this patent issue = blows > over, you should also consider the inclusion of Chromium in the = FreeBSD > ports tree, or in any other way into the standard FreeBSD = distribution, > as off limits. As Justin's e-mail appears to have clogged the FreeBSD.org e-mail = system, I've attached an OCR'd version of the letter. Reference should = be made to the original scan for any matters of importance, as I cannot = guaranteed the accuracy of the plain text rendition. Despite the fact = that we believe this is a mis-targeted letter, we need to handle this = legal matter with caution, due care, and professionalism. Robert --- Red Bend Software Febmary 25, 2010 BY FEDERAL EXPRESS Justin T. Gibbs President, Board of Directors The FreeBSD Foundation P.O. Box 20247 Boulder, CO 80308 303-554-9620 p. 1 Re: Red Bend Lld.'s U.S. Patent No. 6,546,552 Dear Mr. Gibbs: With concern and urgency, we write to advise you that the = FreeBSD website (www.freebsd.org), which is controlled and operated by The = FreeBSD Foundation(1), and specifically its use and/or distribution of Courgette delta-update software derived from Google's Chromium open-source browser project, infringes our U.S. Patent No. 6,546,552 (copy enclosed). Consequently, we request that The FreeBSD Foundation immediately cease = and desist from using and inducing others' use of such infringing software, = and particularly that it cease provision and publication of the Courgette delta-update software, including, but not limited to, the copies = included in these publicly-available files: =95 = http://ftp2.es.freebsd.org/gentoo/distfiles/chromium-4.0.249.43.tar.bz2 =95 = http://ftp2.es.freebsd.org/gentoo/distfiles/chromium-4.0.251.0.tar.bz2 =95 = bttp:/Iftp2.es.freebsd.org/gentoo/distfiles/chromium-4.0.260.0.tat.bz2 =95 = http://ftp2.es.freebsd.org/gentoo/distfiles/chromium-4.0.266.0.tar.bz2 =95 = bttp:l/ftp2.es.freebsd.org/gentoo/distfiles/chromium-4.0.288.1.tar.bz2 =95 = hltp:/Iftp2.es.freebsd.org/gentoo/distfiles/chromium-4.0.295.0.tar.bz2 =95 = http://ftp2.es.freebsd.org/gentoo/distfiles/chromium-4.0.302.2.tar.bz2 =95 = htlp:l/ftp2.es.freebsd.org/gentoo/distfiles/chromium-4.0.302.3.tar.bz2 =95 = http://ftp2.es.freebsd.orgtgentoo/distfiles/chromium-5.0.307.1.tar.bz2 =95 = http://ftp2.es.freebsd.orgtgentoo/distfiles/chromium-5.0.307.5.tar.bz2 =95 = http://ftp2.es.freebsd.org/gentoo/distfiles/chromium-5.0.307.7.tar.bz2 =95 = http://ftp2.es.freebsd.org/gentoo/distfiles/chromium-S.O.307.9.tar.bz2 (1) http://www.freebsdfoundation.org/about.shtml Red Bend Ltd. 4 Hacharash St., Neve Ne'eman B-IZ, Hod Hasharon 45240, = Israel Phone: +972-(0)9-761111 Fax: +972-(0)9-7611112 E-Mail: info@redbend.com =95 = http://ftp2.es.freebsd.org/gentoo/distfiles/chromium-5.0.322.2.tar.bz2 Although perhaps Unknown to you, Red Bend is the world's leading provider of electronic software distribution technology designed to dramatically reduce the size of software update files, accelerating = delivery to end-users, while using minimal bandwidth. Red Bend's patented delta-update teclmology has been widely adopted in the market, and has = been used both in internet-delivered update environments (e.g. AOL's ICQ), = and in firmware over the air (FOTA) implementations. For example, Red Bend's = FOTA solution is used in more than 620 million mobile devices by eight of the = top 10 handset manufiu:turers, including Nokia, Samsung, Kyocera, LG = Electronics, Motorola, Sharp, Sony Ericsson and ZTE, as well as dozens of other = leading companies in the mobile, M2M and WiMAX markets. Founded in 1999. Red = Bend is a privately held, venture capital-financed company with offices in = China, Israel, Japan, Korea, the U.K. and the U.S. As I'm sure you appreciate, attaining this level of achievement = has not been easy or quick. We, over the last decade, have committed an = enormous amount of resources to our research and developmcot efforts, and to protecting such efforts and our cutting-edge technology by, in part, perfecting our intellectual property rights, including the patent = identified above, and various pending patent applications. We respect others' intellectual property and we expect others -- especially an accomplished company like The FreeBSD Foundation -- to respect ours. (In this = regard, we were forced to bring a lawsuit against Google for its use, posting and distribution of Courgette; the case is now pending in Boston.) We appreciate that The FreeBSD Foundation may need a few days to = investigate and consider our claim, but time is ofthe essence. We must act quickly = to eliminate any harm The FreeBSD Foundation's use and free distribution of = our technology will cause Red Bend. Therefore, we need to hear back from = you within the next five (5) business days. If you would like to schedule a meeting to discuss the issues raised in this letter, please let me know. Thank you for your expedited attention to this matter. I look forward = to hearing from you within the next few days. Very truly yours, Yoram Salinger Red Bend Ltd. 4 Hacharash St., Neve Ne'eman B-IZ, Hod Hasharon 45240, = Israel Phone: +972-(0)9-761111 Fax: +972-(0)9-7611112 E-Mail: info@redbend.com