Dear Mr.Christophe Thibault On receiving your reply we felt grateful for the understanding shown by you, but we have been disappointed in your subsequent actions. I have laid out below Yamaha's thinking on this issue; I hope that you will tackle on the problem immediately and do all you can to ensure that VQF is diffused in its proper form. SoundVQ was developed on the basis of NTT's Twin VQ technology, with an immense investment by Yamaha. At the present time Yamaha has no intention of releasing the program source. We hope that you will understand the import of this mail and put the following measures into effect voluntarily. *Cessation of the distribution of all related software,and the destruction of all data. *Announcement on your home page of the reasons for the cessation of distribution. *Cessation hereafter of all software development which appropriates program sources to which Yamaha holds the rights and titles. Reasons 1. is inappropriate software completely identical to the content of kjofol_032.zip, as already pointed out by Yamaha. This software does not reflect at all any of the points addressed by Yamaha, and we cannot help but doubt that your reply is an indication of your true intentions. It is not that Yamaha is making a problem out of kjofol_032.zip alone. 2. and These items of software cannot be used without violating content banned by Yamaha. We have actually been receiving inquiries from your users, asking "whether the execution in the Readme file attached to this software is not right ?". We at Yamaha do not wish to think that it is your intention that VQF be diffused in this kind of inappropriate form. Sincerely yours, Yamaha Corporation XG Division Genichi Ito ************************************************************************ At 23:41 98/10/07 +0200, you wrote: > > Today, we Yamaha Corporation would like to give warning against your > > illegal use of YAMAHA SoundVQ Encoder/Player beta version that YAMAHA > > developed and is now distributing on the YAMAHA Web site. > > > > 1. Breach of License Agreement > > You are distributing kjofol player(kjofol_032.zip) on your Web site. > > Your kjofol player(kjofol_032.zip) includes a program decode32.dll(YAMAHA > > SoundVQ Decoder DLL Ver2.00b1) that was developed by Yamaha Corporation. > > Yamaha Corporation does not grant you any right and license to copy, > > use and to distribute the decode32.dll(YAMAHA SoundVQ Decoder DLL Ver2.00b1). > > You should have agreed with our License Agreement (described on "YAMAHA > > SoundVQ Encoder/Player beta version License Agreement and "License.txt" ) > > when you downloaded and installed our SoundVQ Encoder/Player beta version. > > So, you have breached the Section 2 and Section 6 of the said Agreement. > > (See. extracts below ) > > ---------------------------------------------------------------- > > "2.YAMAHA grants to you a non-exclusive, non-sublicensable, license > > to use this Beta version of the Software, in binary executable form > > for evaluation and trial use purposes only. > > > > 6.Title, ownership rights, and intellectual property rights in and > > to the Software shall remain in YAMAHA. You agree to abide by the > > copyright law and all other applicable laws of Japan including,but > > not limited to, export control laws. You acknowledge that the Software > > in source code form remains a confidential trade secret of YAMAHA and > > therefore you agree not to modify the Software or attempt to decipher, > > decompile, disassemble or reverse engineer the Software, except to > > the extent applicable laws specifically prohibit such restriction." > > ---------------------------------------------------------------- > > We have the right to terminate the said Agreement. > > > > 2. Infringement of YAMAHA's proprietary rights > > You use the decode32.dll in your kjofol player(kjofol_032.zip). > > This means that you apparently do infringe YAMAHA's copyright. > > You have no right, now and in future, to copy, use and distribute the > > YAMAHA's computer program without YAMAHA's license or permission. > > > > 3. We request you that you should do the following act. > > To stop immediately distribution of kjofol player(kjofol_032.zip) and > > to destroy data of kjofol player(kjofol_032.zip). > > > > Sincerely yours, > > > > Yamaha Corporation > > XG Division > > Genichi ITO > > Dear sirs, > > I've removed the kjofol_032.zip package from my site and will ask that > the persons that distribute it stops. > > I'm sincerely sorry about these infringments of your copyrights. > > But anyway, i just want to explain you some things: Kjofol is a player > distributed for free and i was never making any money from it. I've used > your DLL because this is the only one I found and i thought that the VQF > format was leaking of a good player and so started mine. In the last > times, the K-Jofol player contributed to the large deployment of this > format, so I don't really see your point of view of asking kjofol to > don't use the decode32.dll, because it don't makes any bad things to > Yamaha. Tell me if there is no way so I could use the decode32.dll in my > program but not distribute it/or include a link into kjofol to the > yamaha's > player package instead. > > Anyway, you asked me to remove it, so that's what I've just done. > > I'm waiting for your answer. > > Sincerely yours, > -- > Christophe Thibault a.k.a rOn/aEGiS (ron@aegis-corp.org) > >