Yesterday marks three years that I have been trying to negotiate a peaceful settlement with my ex-employees, Karen Sandler and Bradley Kuhn, of various complaints SFLC and I have about the way they treat us.
After all this time when they would not even meet with us to discuss our issues, the involvement of the Trademark Trial and Appeals Board in one aspect of the matter has at least created a space for structured discussion. Intermediaries both organizations work with and trust have generously taken the opportunity to communicate our settlement proposals, and we have initiated discussion through counsel. As transparency is, indeed, a valued commitment in the free software world, we think it is now time to publish our offer:.
We propose a general peace, releasing all claims that the parties have against one another, in return for an iron-clad agreement for mutual non-disparagement, binding all the organizations and individuals involved, with strong safeguards against breach.
SFLC will offer, as part of such an overall agreement, a perpetual, royalty-free trademark license for the Software Freedom Conservancy to keep and use its present name, subject to agreed measures to prevent confusion, and continued observance of the non-disparagement agreement.
We think these are terms that any pair of organizations and their managers could honorably accept for the resolution of claims such as ours. We agree that resources should not be expended on contestation where such a settlement is possible.
But as a lawyer I have the same obligation of zealous representation to the organization I created and led for the last thirteen years that I have to any other client. If we cannot settle swiftly on these evidently fair and respectful terms, litigation must continue.
Section When Anthony K. This does not mean that a false and fraudulent statement was made in order to acquire a trademark wrongfully.
His supervisor, the executive director, Bradley Kuhn, had actual knowledge of these matters. Perhaps whatever Mr Sebro did instead of talking to them constituted inquiry reasonable under the circumstances and gave him an evidentiary basis for the false certifications that he made. Also, perhaps not. On the application, a potential trademark registrant must also make a full and complete disclosure of the goods and services it offers under the proposed mark.
Now, in his affidavit accompanying the Conservancy motion for summary judgment on its affirmative defenses, Mr Kuhn declares that he instructed Mr Sebro to file the trademark application. In paragraph 32 of their answer to our petition, however, the Conservancy through its counsel declares that any false statement made on the trademark application was solely the act of Mr Sebro, not of the Conservancy.
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In view of this evidence and the sworn pleading submitted by the Conservancy, we have now moved to amend our petition, to state as a second ground for the cancellation that the trademark was obtained by fraud. Despite his stated commitment to transparency, Mr Kuhn in his rather extensive blog post omitted to mention that. Settlement is the only outcome that makes sense here.
Continuance of litigation cannot possibly benefit my former employees, let alone the organization they manage, or its board. We have put a fair offer for comprehensive peace on the table. We hope it will be swiftly accepted. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.
Please email any comments on this entry to press softwarefreedom. As transparency is, indeed, a valued commitment in the free software world, we think it is now time to publish our offer: We propose a general peace, releasing all claims that the parties have against one another, in return for an iron-clad agreement for mutual non-disparagement, binding all the organizations and individuals involved, with strong safeguards against breach. The full text of the certification required was: The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.Your system doesn't meet the requirements to run Firefox.
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This allows FLOSS developers to focus on what they do best — writing and improving FLOSS for the general public — while Conservancy takes care of the projects' needs that do not relate directly to software development and documentation. FLOSS projects whose applications are accepted become part of the Software Freedom Conservancy akin to a separate department of a large agency. Conservancy provides many important services for its member projects. Member projects can take directed donations, which allows donors to earmark their donations for the benefit of a specific FLOSS project.
Conservancy provides fiscal oversight to ensure that these funds are spent in a manner that advances the project and fits with Conservancy's c 3 mission to promote, advance, and defend software freedom. If the member project's leaders want, Conservancy can also hold other assets and titles on behalf of the projects, such as copyrights, trademarks, domain names, online hosting accounts, and title and ownership of physical hardware. Also at discretion of the project's leaders, Conservancy can assist in defending the rights represented in these assets.
For example, Conservancy is available to assist member projects in enforcing the terms of the projects' FLOSS license. Finally, developers of Conservancy's member projects, when operating in their capacity as project leaders, could receive some protection from personal liability for their work on the project. For further reading on the benefits of Conservancy, a full and detailed list of Conservancy's services for its member projects and a a list of Conservancy's current member projects are available.
Conservancy and its directors and staff believe strongly in the principles of software freedom, and believe that all users should have the right to study, improve and share their software. Conservancy helps protect, enable, coordinate, facilitate and defend the public's right to copy, share, modify and redistribute FLOSS both non-commercially and commercially.
Finally, like most organizations devoted to FLOSS, Conservancy opposes the notion of patents that cover software, and urges contributors to its member projects not to apply for patents. Conservancy strives to be as transparent as possible, and makes its public filings available on its website. Our staff blog regularly about our activities. Finally, detailed information about the work that Conservancy does for its member projects is also available. If you have general questions about Conservancy and its work, contact information is available.
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Videos and Screen Captures Get Started. Etcher is a powerful OS image flasher. It protects a user from accidentally overwriting hard-drives by making drive selection obvious; and with validated flashing there is no more writing images to corrupted drives. It is also called balenaEtcher since it is developed by balena. In addition, Etcher can flash directly Raspberry Pi devices that support usbboot.
Use for. Learn More. System Requirements Mac.As of Junethe organization had over 40 member projects. Kuhn  and a year later, its first General CounselTony Sebro.
Kuhn taking on the role as Distinguished Technologist. In MayYorba Foundation assigned the copyrights of the projects it has developed to Software Freedom Conservancy. This includes copyrights for ShotwellGearyValencia, gexiv2. California is absent of the bundle because of an oversight on Yorba's part. These projects have since been removed from the Software Freedom Conservancy's current project list since In JulyConservancy announced it had prevailed in court against Westinghouse Digitalreceiving an injunction as part of a default judgement.
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This article may lend undue weight to certain ideas, incidents, or controversies. Please help improve it by rewriting it in a balanced fashion that contextualizes different points of view. Jeremy Allison Kate Chapman Dr.Right now, Conservancy's bkuhn is verifying donations for credit to our match.
Spoiler alert: we're close; a few more donations today will take us over the top! Maid2Clean at TZ.
Kuhn on December 31, About a year ago, we announced the joining of a newly formed project, LibreHealth, as a Conservancy member project. This year, I had the opportunity to meet, at various conferences, Judy Gichoyawho is a medical doctor specializing in Radiology from Kenya, and is also a software developer on the LibreHealth project.
Your browser does not support the element. Perhaps you can or. Judy represents so much about why we at Conservancy continue to fight for software freedom: we foster technology that everyone can examine, improve, and share, and allow people from different backgrounds — including geographically, professionally and culturally — to come together to make that technology better. Invariably, every time I go to a doctor's office here in the USA, the staff complains or makes an excuse for the proprietary software they use to handle my medical data.
My colleague, Karen Sandler, has researched and spoken extensively about the health dangers of proprietary software on medical devices. LibreHealth is one of many projects which seeks to solve some of these problems by creating more medical-related software that gives doctors and patients the software freedom they deserve. Judy recorded this video to ask you to become a Supporter of Conservancy. On this last day ofwe all ask you to donate generously to help our work continue!
JanKusanagi at TZ.
Alexandre Oliva at TZ. Kuhn on December 23, As with all our member projects, they succeed because of our excellent collaboration between volunteers and Conservancy staff to make sure all the work gets done right. And, today's a great day to do it! Your donation will be doubled by our current match campaign.
December 22, Karen told the large crowd about her own experience that led her to become a strong advocate for software freedom. Specifically, inKaren needed a heart defibrillator implanted.
In a subsequent research project, Karen learned disturbing facts regarding the safety of the proprietary software in medical deviceswhich she presented in her keynote. Karen further spoke about her ongoing experiences as both a patient living with implanted proprietary software and an expert in this field, and also discussed the future of ethics in technology and its impact on society.
Sivasankar during his official remarks. The Times of India highlighted Karen's presentation in print and online editions, calling her a large-hearted queen of free software, and The Hindu featured her talk in two articles.
Later in the conference, Karen participated in a panel on learning from the past to improve future advocacy for software freedom. She also had the opportunity to discuss challenges related to diversity in technology at the event and with local govenment officials.