![[a daffodil]](graphics/daffodil.gif)
So is it legal to "clone" the ICQ server? We can ask two similar questions
to demonstrate case-in-point. Firstly, was it legal for vendors to make
IBM-clones? The answer, of course, was yes, so long as no patents or
other trademarks were stepped on, and no IBM machine was reverse-engineered.
In making this compatible server, we are doing nothing more than seeing
what the client expects and analyzing the packets exchanged between the
client and server. We will likely take many design paths, along many
different lines to emulate the behaviour of the current ICQ servers; it is
our hope that features we add will be incorporated into "upstream" (i.e.,
copyrighted) servers. In this respect, we are in no way reverse-engineering
a piece of software nor do we have access to the copyrighted source. We are
simply making a piece of the puzzle that fits in with the clients that are
already out there.
Second point is regarding the copyright holder specifically. There are
numerous clones in the computer world which are imitators of the copyrighted
client, and as far as I am aware, have not been subpoenaed for copyright
infringement. This either shows that the copyright holder doesn't want to
waste money on prosecuting an offender - which is unlikely - or that there
is simply no infringment.
Looking through the contract and warranty information Mirabilis provides,
we see:
ICQ API License Agreement
This Agreement sets forth the terms and conditions of use of the ICQ software
that enables use of ICQ by other applications ("API Module") and the ICQ API
itself (hereafter collectively or separately referred to as "ICQ API"):
SOME LIMITATIONS. You may not use the ICQ API to: (a) modify, translate,
reverse engineer, decompile, disassemble (except and solely to the extent an
applicable statute expressly and specifically prohibits such restrictions),
or create derivative works of the ICQ Software and network; (b) create
applications for unlawful or illegal purposes or activities;
RIGHTS. Title, ownership rights, and intellectual property rights in the ICQ
Software and the ICQ API shall remain in Mirabilis. The ICQ Software and the
ICQ API is protected by copyright and other intellectual property laws and by
international treaties. Title and related rights in the content accessed
through the ICQ Software or the ICQ API is the property of the applicable
content owner and is protected by applicable law. The license granted under
this Agreement gives you no rights to such content.
____________________________________________
The ICQ Status Indicator License Agreement(referring to the flower indicator)
LICENSEE OBLIGATIONS. You shall use The Indicator only for lawful purposes
and you shall not use The Indicator to indicate the status of a third party
without first obtaining the third party's approval. You shall not translate,
decompile, reverse engineer, disassemble, modify, alter, merge into other
software, reproduce, rent, lease, lend, distribute, publish, post, transmit,
remarket or otherwise dispose of The Indicator or any part thereof.
GRANT OF LICENSE. Subject to the provisions contained herein, The
Indicator is being licensed to you by Mirabilis Ltd. ("Mirabilis") on
an "AS IS" basis for your private personal use only. Any other use or
attempt to use The Indicator for commercial purposes, promotion of
products and services, or other purposes, directly or indirectly, by
you or by a third party is prohibited.
For the purpose of this agreement commercial use shall include, inter
alia, use of 100 or more Indicators within a single webpage, or the
use of 500 Indicators within a single website or the use of Indicators
as part of a database that contains more than 5000 entries, or use of
Indicators as part of or within a software which is distributed in
more than 50,000 copies.
all of which seems to indicate that you: