September 1, 1994

From: Charles T. (Dr. Tom) Turley, Ph.D.

To: All IIgs Users

Subject - Noise Tracker GS and recently released source codes for the NTGS v1.0,
made available per Ian Schmidt.

Reality often sucks, or so the 'IRSMan' seems to think.  I intend to make the
facts of reality very clear to everybody, concerning NTGS, and its upgrade
efforts via IWSW and OSRL.

The original source codes for NTGS v1.0, were first mailed to me by the author,
Olivier Goguel, in March of 1992, per my request from him.  He cofounded One
World Software Wizards (1WSW) with me in June of 1992, authorizing me to
coordinate updates of the NTGS program by our 1WSW team members and transferred
the rights to do so.

1WSW, with myself and Olivier Goguel as cofounders, jointly made a copyright of
NTGS v1.0 and up in 1992.

Olivier Goguel, informed me via a letter, in late 1993, that he could not
continue as an active member of 1WSW, because of his current employment
obligations and other personal obligations he had to take care of, which included
both his continuing education and his service in the French Army.  But, also
stated in this letter that everything he had furnished me with could continue to
be upgraded by our 1WSW group, OSRL and our team members, in any way we wished.

I had a conversation with Olivier Goguel by phone a couple of months ago and he
made it very clear that Noise Tracker GS was never classified or released by him
as public domain, nor were the source codes to the program.  NTGS v1.0 was a
freeware and was an original Copyright by Olivier Goguel.

He sent a letter to Joe Kohn, dated October, 1991, stating that the Delta DEMO,
was public domain and also mentioned the Noise Tracker GS v0.7x program in this
letter.

He did not intend to make Noise Tracker GS a public domain program, nor did he
ever release the entire source codes of it into public domain or authorize their
classification as such, during any point in the past or present.

He released what he wanted to be made available to the public, with his official
release of the Noise Tracker GS v1.0 program, in 1991, as a copyright freeware
and not as public domain.

The source codes that Ian Schmidt uploaded and recently made available for NTGS
v1.0, were originally furnished by me to Ken Mock, in late May or early June of
1993, when Ken Mock was an associate member of 1WSW, for Ken to make available
via his BBS, to whom ever could or would work with the 1WSW group for any updates
to the program.

Ian Schmidt did not get the source codes to NTGS v1.0, from Olivier Goguel.  Ian
got them from Ken Mock, via his BBS around the middle of June, 1993.  Ian
proceeded to work diligently with his own individual updates and patches to the
program, seeming to believe that NTGS v1.0 was his, to do with as he so desired.

Ian Schmidt uploaded NTGS v1.1, (careless and unauthorized as it was), without
his patches or his update codes, to major on-line services, BBS's and who knows
where else, on or about July 21st of 1993, with an invalid copyright of NTGS
v1.1, included in the programs dialog.

He gave special thanks and credit within this release to Ken Mock, for the source
codes.  But, didn't bother to check with Olivier Goguel, give him special thanks
or credit for furnishing him with the source codes, because he didn't furnish
them to Ian.

I wrote to Ian Schmidt, over two years ago, asking him if he could or would be
willing to work with the One World Software Wizards group, to help us update the
Noise Tracker GS program.  He never even bothered to send me a reply to this
request.

In my last lengthy telephone conversation with Ian Schmidt several months ago, he
told me that he no longer had the source codes for the Noise Tracker program and
was not going to do anything more concerning the program at all.

He even went so far, as to tell me that he was planning to order a 486 PC and
abandon the IIgs, because he was not making any money with it and was tired of
coding for FREE !  He continued by stating that he was going to go over to work
on a computer, where people payed their shareware fees and that it was doubtful
if he would be doing anything more for the IIgs.

It's reached a point now where I can't take anything Ian Schmidt says, as having
any truth to it.

I would have left all of this alone and allowed the source codes to be available
to the public, via the Internet, any of the major on-line services or any BBS,
that did received them, AS IS, without making any of these facts known.

However, the comments that Ian Schmidt made, with the close of his self declared
notations, concerning his upload of these NTGS v1.0 source codes, are rather
misleading.  He stated that NTGS is free from 1WSW and OSRL and that the source
codes are public domain.  This is not true or correct in any respect.

The source codes, can only be made public domain by their author or his legal
agent, per the authors instructions.

Had Olivier Goguel wished to make the NTGS v1.0 source codes available to the
public, he would have done so himself long before now.

Simply by making your program source codes available to the public, do not make
them public domain, if a copyright is in effect on the program and you have not
correctly declared them public domain with a public notation.

Even with the recent availability to the public of the soniqTracker v0.63 source
codes from Tim Meekins, Tim stated no where in the notation file that accompanied
his upload, that they were declared public domain.

Olivier Goguel did relate that anybody that had the source codes to NTGS v1.0,
could do whatever they wished with them, for their own programming efforts. 
Thus, Ian Schmidt had every right, having access to the NTGS v1.0 source codes,
to have uploaded them to the Internet, as did anybody else.

I find it very strange, that Ian Schmidt had the source codes to NTGS v1.0, all
this time from way back in the summer of 1993 and only now, decided to upload and
make them available via the Internet.

I had also furnished them to many other people, such as; Tim Meekins, Bill
Heineman, Dagan Brookes, Alex Siegfried, Tony Morales, as well as several others,
during the same period of time.  However, none of them uploaded them to the
Internet.

Now they are available to everybody, with both Olivier and my blessings and best
wishes.  We both hope that they will give programmers the necessary abilities to
make some worthwhile and applicable use of them with their programming efforts.

The NTGS v1.30 and up programs, remain Copyrighted Freewares of 1WSW and OSRL.

I'm including the unauthorized NTGS v1.1 program, as it was originally released
in 1993 by Ian Schmidt, along with those source codes, (which Ian Schmidt
furnished to me via Ken Mock, back in July of 1993).

So, that everybody can see what a hasty and careless effort can produce and the
harm it can cause to a program, when the person who makes the updates, patches,
etc., releases it without checking it for flaws and programming errors or without
consulting the legal author and copyright holders, before releasing it.  This
will be available for downloads from AOL, Genie and the NET, as: NTGS.NEWS.SHK. 
This Shrinkit archive file will contain the original NTv1.1 files with the NTv1.1
SRC, exactly as I received them from Ian, along with this posting text file.

I trust this will be an incentive, for anybody that attempts to do anything with
the NTGS v1.0 source codes, to think carefully and PLEASE, PLEASE, check what you
did, before making your programming efforts available.

You are encouraged to use the NTGS v1.0 source codes for your own individual or
group programming efforts.  But, before using the name of Noise Tracker GS with
any programs you release, please ask us first, to avoid any problems !

Keep in mind that Noise Tracker GS and the NTGS v1.0 source codes are both
freeware and are copyright by 1WSW and OSRL.

Dave Swanson, as our main programmer, with the 1WSW group, has been working on a
major rewrite of Noise Tracker GS v2.00, from December of 1993 to date.  It's a
Copyright (c) 1994 Freeware GS/OS application program by; Dave Swanson, 1WSW and
OSRL.

We've had technical assistance and advise given by; Tim Meekins, Tony Morales,
Bryan Smart, Olivier Goguel and several others, for this major rewrite and update
of Noise Tracker GS.  But, we've had absolutely no help in any manner from Ian
Schmidt.

None of the codes from Ian Schmidt are used in the NTGS v2.00 program.  All of
its codes were rewritten by Dave Swanson.

Noise Tracker GS v2.00, will be finished and released within a few weeks time. 
Look for it on your favorite major on-line service, BBS or the Internet around
September 21, 1994.

I talked by telephone with Olivier Goguel in France, at length on the morning of
8/30/94, concerning the contents and comments in this posting.

He confirmed everything in this posting as accurate and correct.  If you have any
questions, concerning the NTGS v1.0 source codes or the contents of this posting,
please feel free to contact either myself, Olivier Goguel or Dave Swanson.

Olivier Goguel, never has had any form of communication with Ian Schmidt and
authorized me to make that very clear, along with the current legal status of
both NTGS, the source codes of v1.0 and any updates we make for it.


Sincerely,

Charles T. (Dr. Tom) Turley, Ph.D. 
Cofounder & Executive Coordinator - 1WSW 
115Santa Clara St. Brisbane, CA., 94005 USA 
Tel. (415) 468-1609 

Olivier Goguel Cofounder - 
1WSW ATRID CONCEPTS SA 
29 rue de l Ecole 
NERMALE 33073
BORDEAUX FRANCE

Dave Swanson Main Programmer - 1WSW 
P.O. Box 520 Melbourne, FLA. 32902 
USA EMAIL:
GEnie - D.SWANSON4 America OnLine - ONEWORLDSW (until 11/1/94)

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