[a daffodil]
GNU ICQ-compatible Server

daffodil \Daf"fo*dil\ n. : any of numerous varieties of Narcissus plants having showy, often yellow, flowers with a trumpet-shaped central crown. The flower is often representative of vanity or pride and is given on occassion of celebration.


Discussion of Legal Issues in Cloning Mirabilis ICQ Server

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:
  1. can't do anything to the ICQ API or the client
  2. can't use the logo for anything

Given this, we believe everything we are doing here is ethical and legal. We want this code to enlarge the scope of ICQ users in the world, so we can't, possibly, be hurting the copyright holder's business.


back