More on VX30 Ad-Stats and phpAdsNew
One of the apps we talked about in Deconstructing MXS was the connection between VX30 Ad-Stats, MXS's server-side statistical software for keeping track of what's going on with your videos, and phpAdsNew, which is probably the most popular open-source advertising system in the world.
If you'll recall, we talked to Niels Leenheer, one of the authors of phpAdsNew, and he gave a run-down on the evidence that VX30 Ad-Stats was based upon his software. One of the problems was that all the evidence was gathered from MXS's user guide, as their 'online demo' of VX30 Ad-stats was down on MXS's website (and still is), and no known install to test against was available.
Around a week ago, Niels was able to find a live version of VX30 Ad-Stats on MXS's own website and do some testing, and just the few initial results he posted are horrifying in an oddly amusing way...
- The phpAdsNew logo, along with many icons Niels created, shows up within the VX30 Ad-Stats install. Quite a bit, actually.
- MXS didn't bother to remove the actual GPL license file from their install. I can't imagine this'll stay up for long.
Basically, Niels is a severely unhappy guy at the moment, and since he's the actual author of the software, I'm sure he knows all sorts of places to look for 'conspicuous similarities'.
Something that's worth clearing up about VX30 Ad-Stats is something I touched on in the original article: whether or not VX30 Ad-Stats existed solely on MXS's servers as a service offered to clients, or was something that was actually distributed and installed on the client's server.
After looking closely at the Ad-Stats User Manual, it's very clearly software they are distributing to the client to be installed on their own server running PHP and MySQL, and distributing GPL code is what makes you bound by the license.
Yeah, I can see why Niels might have a problem.
Posted by drunkenbatmanMay 18, 2005, at 05:26 AM
Comments (17)
Posted by: at May 18, 2005 05:55 AM
Ouch. That is brutal.
Posted by: Colin Barrett at May 18, 2005 06:15 AM
Did they really think that nobody would find out? Did they just not understand the terms of the GPL? I find it hard to believe (possibly because I don't WANT to believe) that anyone could be this blatant in their plagiarism.
What a sick, sick world.
Posted by: Carl at May 18, 2005 06:29 AM
The GPL is still on the website. If you need a witness for the suit, I've got your back DB.
Posted by: LD at May 18, 2005 08:01 AM
Ditto on seeing the license on their website. I took a screenshot too. That way they can't just deny it never happened, we have quite a few witnesses.
It's comical watching MXS deny, deny, deny. To quote another Python bit:
The Dead Collector: Bring out yer dead.
Large Man with Dead Body: Here's one.
The Dead Collector: That'll be ninepence.
The Dead Body That Claims It Isn't: I'm not dead.
The Dead Collector: What?
Large Man with Dead Body: Nothing. There's your ninepence.
The Dead Body That Claims It Isn't: I'm not dead.
The Dead Collector: 'Ere, he says he's not dead.
Large Man with Dead Body: Yes he is.
The Dead Body That Claims It Isn't: I'm not.
The Dead Collector: He isn't.
Large Man with Dead Body: Well, he will be soon, he's very ill.
The Dead Body That Claims It Isn't: I'm getting better.
Large Man with Dead Body: No you're not, you'll be stone dead in a moment.
The Dead Collector: Well, I can't take him like that. It's against regulations.
The Dead Body That Claims It Isn't: I don't want to go on the cart.
Large Man with Dead Body: Oh, don't be such a baby.
The Dead Collector: I can't take him.
The Dead Body That Claims It Isn't: I feel fine.
Large Man with Dead Body: Oh, do me a favor.
The Dead Collector: I can't.
Large Man with Dead Body: Well, can you hang around for a couple of minutes? He won't be long.
The Dead Collector: I promised I'd be at the Robinsons'. They've lost nine today.
Large Man with Dead Body: Well, when's your next round?
The Dead Collector: Thursday.
The Dead Body That Claims It Isn't: I think I'll go for a walk.
Large Man with Dead Body: You're not fooling anyone, you know. Isn't there anything you could do?
The Dead Body That Claims It Isn't: I feel happy. I feel happy.
*whack*
Large Man with Dead Body: Ah, thank you very much.
The Dead Collector: Not at all. See you on Thursday.
Large Man with Dead Body: Right.
Posted by: Something at May 18, 2005 09:33 AM
I didn't quite get this. Are they destributing the "source"(phpcode) with the gpl licens txt from the original software still there? That's not illigal.
Or are they using the software with the licens txt intact? That's not illigal either.
What exactly are they doing other then profeting from opensource software(Like so many other projects)?
Posted by: LD at May 18, 2005 10:13 AM
Does anyone have an email address for MXS? I want to email them to ask them for the source of the code they admitted they included in their betas as well as the source of code used in AdStats.
Posted by: Rakaz at May 18, 2005 10:59 AM
@something: If Maui X-Stream would acknowledge that they were using phpAdsNew source code and that they are distributing their AdStats product under the GPL I would not have had any problems with them, at least not regarding the use of phpAdsNew.
But instead they claim "We have recently been asked whether VX30, Maui X-Stream’s video streaming software, is built on third-party code covered by a General Public License (GPL). The answer to that question is no." and "VX30 is an original, proprietary product created over a three-year period by Maui X-Stream employees and contractors.".
We all know that is simply not true. Based on these statements by Maui X-Stream you can conclude that the inclusion of the LICENSE file is not because they are distributing it under the GPL. Instead, it becomes very plausible that it was just something they forgot to remove.
Posted by: Jay Contonio at May 18, 2005 11:40 AM
I see this as a good reason to go to Hawaii. Screw the online investigating, you should get stealth on their asses and get some audio =)
Why are your close/minimize/maximize widgets different colors? Do you do that yourself? I've always wondered this.
Posted by: Negrul at May 18, 2005 11:45 AM
This is great. The more people know about this treachery, the more MXS claims they know nothing about it.
It is said that absolute truth sometimes IS absolute irony.
Posted by: Pompous Guy at May 18, 2005 12:36 PM
Thing is, until some IP lawyer picks up this case on behalf of Niels Leenheer or one of the other infringed copyright owners, there is no problem for Maui X Stream. Sure, they look bad, but they keep their cash. Since most of these copyright holders do not have bundles of cash lying around, any such IP lawyer would probably need to pick up the case on spec or pro-bono.
Fortunately, MXS admitted to distributing software based on GPL code in the past, and they have obfuscated their use of such code recently. It should be possible to show willful infringement. That might open them up to great big punitive damages. (afaik willful infringement matters for patents. dunno about copyright.) So maybe Neils should talk less and sue more. No need advising them to destroy evidence before discovery begins.
IMHO, if you suspect that you've had your copyright infringed by MXS, shut up and find a lawyer. Some law firm would love to disassemble from top to bottom.
Posted by: Pompous Guy at May 18, 2005 12:49 PM
And the most annoying thing is that MXS could just as easily abide by the terms of the GPL. Why not? What part of their business would suffer? Sure, someone else could repackage their product, but it's pretty clear that they (and their contractors) have done an excellent job of stitching together all this GPL code. Someone over there must know it pretty well and be able to provide better support than any competitor they'd gain by complying with the GPL.
Posted by: LD at May 18, 2005 12:58 PM
Since MXS has now admitted they used GPL at least in shipped beta products, I recommend we all email info@mxsinc.com to ask for source changes as per the GPL.
They have admitted to using GPL code and so must follow the GPL with regards to the products that they admit had GPL code.
Posted by: Pine Cone at May 18, 2005 06:57 PM
Here is something to look at, you may have come across as I do come across for these things;
72.3.143.41/AdStats.zip
Posted by: Bubba at May 18, 2005 07:10 PM
"Niels is a severely unhappy guy at the moment"
So, when will he be contacting Eben Moglen at the Software Freedom Law Center and suing these weasels?
This has gotten to be a very high-profile case of infringement of the GPL. It cannot be allowed to stand or small-time weasels all over the world will get the idea that they can violate the GPL with impugnity.
Posted by: Pompous Guy at May 18, 2005 07:32 PM
fwiw, contacting info@mxsinc.com and asking for source shouldn't mean anything unless you acquired some software from them under the GNU Public License.
It's not a necessary step for Niels, and it probably won't help him at all. He just needs to talk to a lawyer.
Posted by: dfoesch at May 20, 2005 12:01 PM
Yes, it would be nice to see instant gratification, especially when it's so painfully obvious of their infringement.
But the legal process is slow. *sigh*
To Niels: definitely contact Eben Moglen. He's already familiar with MXS, he's up to speed on it all, and would likely be the best person to speak to regarding advice on what to do next.
There *is* really just one caveat. With PHP, they are essentially distributing to the source to any client that they give it to (it's generally fairly difficult to compile a PHP program away from its source.) So, in many ways, you only have fraud, from them touting it as their solely developed program.
I just don't understand these people. If they built something on Oracle they wouldn't just bundle it up together and pretend its their own, but because they didn't hand over cash it somehow makes the licence less binding.
I hope they get what's coming to them, but there's the perpetual funding problem.