[linux-elitists] (forw) Clarification about Tripwire copyright

'rick@linuxmafia.com' rick@linuxmafia.com
Thu Sep 28 00:02:11 PDT 2000

You know, I wouldn't have raised the matter if I didn't think they 
needed to straighten out the record, and specifically the _public_
record.  These things of course take time in the traditional corporate
world, but I hope they decide to do so.

----- Forwarded message from Nithya Ruff <nruff@tripwire.com> -----

From: Nithya Ruff <nruff@tripwire.com>
To: "'rick@linuxmafia.com'" <rick@linuxmafia.com>
Subject: Clarification about Tripwire copyright
Date: Wed, 27 Sep 2000 21:45:14 -0700
X-Mailer: Internet Mail Service (5.5.2650.21)

Dear Mr. Moen,

Please accept my apologies for the delay in getting this answer to you.  I
am hopeful that this will shed light on Tripwire's Copyright information.
If you should continue to have more questions, please do contact me.  

In December 1997 Tripwire Security Systems, Inc. (now Tripwire, Inc.)
acquired the exclusive license for the Tripwire change/intrusion detection
system from Purdue Research Foundation, including the exclusive use of all
trademarks.  Under the terms of that agreement Tripwire, Inc. had the right
to purchase all the intellectual property rights to Tripwire (the software),
based on a royalty-based formula.

Effective May 1, 2000, Tripwire, Inc. exercised its right under that
agreement.  The purchase agreement states the following:

2.1	Purdue, in consideration of .......... (the "Purchase Price"),
hereby assigns, sells, transfers and conveys to the Company all right, title
and interest, on a worldwide basis, in and to the Software and all
Intellectual Property Rights related thereto (collectively, the "Property").

I hope this satisfactorily addresses your inquires.  Please also check out
our Tripwire.org site for continued progress reports on our move to initial
code offering.  

Best Regards,

Nithya Amitha Ruff
Director, Product and Strategic Mktg.
Tripwire Inc.
1631 NW Thurman St, 
Portland,  Oregon 97209

[Microsoft-style quoting below new text, snipped]

Date: Wed, 27 Sep 2000 23:03:19 -0700
From: Rick Moen <rick@linuxmafia.com>
To: Nithya Ruff <nruff@tripwire.com>
Subject: Re: Clarification about Tripwire copyright

Dear Ms. Ruff:

Thanks greatly for your assistance.

The inquiry was not on my own behalf, of course.  It was and is exactly
the sort of question that would naturally arise, sooner or later, from
interested members of the open-source community, and particularly from
programmers interested in participating.

Indeed, I'm already not the only one who's wondered in public about
title to the Purdue code -- although I may have been the only one who
posed the question _to_ your company.  The reason they have wondered --
and will wonder -- is that the public record suggests that title might
be clouded.  (Programmers will be reluctant to participate in an
open-source project that may turn out to be tied up in someone else's
proprietary rights.)

Your company's remaining issue is, thus, that the public record _still_
raises the question for people, and will continue to do so.
Specifically, I cannot find the May 1 copyright transfer mentioned
on-line (e.g., http://www.tripwire.org/ or http://www.tripwire.com/).  I
really think your firm should remedy that.  (It would also be a good
idea to disclose any related patents.)

Thanks again for your help, and I wish Tripwire, Inc. all the best.

Best Regards,
Rick Moen

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