I have to admit, I have always been on the fence on who to support here. I purchased a copy of Showtime simply because nothing else is available to fill this void. I use it regularly and while I'm sure it could be better in many ways, no one has yet stepped forward to prove otherwise.
One thing I do question however, is the way Mr.DrunknBass has decided to respond to the situation at hand. I can see how he would feel cheated out of his code, and would want to do everything in his power to prevent this from ever happening again, but lets be honest here, wheres the burden of proof that code was ever stolen in the first place?
Where are the "logs"? I see nothing of the sort, just constant lambasting of Mr.Duncan based on pure hear-say. Furthermore, the IRC chat log of when this all transpired doesn't even show any code, it was simply a conversation between the two with Mr.Duncan asking for any feedback on the problems he was experiencing with his own video recording program. Low and behold not soon after "Showtime" was released. Is this stealing code when no code was passed? How about showing us the Logs to prove that code was indeed passed between the two if this is in fact the case? In my opinion, based on the "proof" available, Mr.DrunknBass is owed compensation for his
Consulting on Mr.Layton's app.
I find it unfortunate that Mr.DrunknBass continues to aggressively handle this matter in the way he has. I received an email this morning stating that Mr.Layton is suing him for code that he owns, and as such is trying to stop the launch of "uShow." In this email I was asked to speak up for Mr.DrunknBass by emailing
info@polarbear.com to show my support for uShow and Mr.DrunknBass. This doesn't help the matter any, especially if you're on the verge of being sued by said company. If I am being served by someone I'm not going to ask my fanbase to spam their mailboxes to help prove my point that I'm the one in the right here. On the contrary, I'd handle the matter myself with my own litigation and not give Mr.Duncan's legal team any more fuel to fan this growing fire between the two parties. If Mr.Layton's mail server overloads and he experiences down time as a result, he can also add this to his list of damages along with the public defamatory statements that Mr.DrunknBass has made. Downtime = lost profit potential, and as such you can expect the time down to be billable in the suit against Mr.DrunknBass.
I am not supporting any one author here, as neither side has any proof as to what actually transpired without the logs being made public, and whereby we can plainly see code being transmitted from one party to another. Until this happens, its simply a matter of who can gain public approval by whatever means necessary, and I mean ANY MEANS NECESSARY.
I think before we start calling each other thieves, perhaps we should take a look subjectively at what has been going on from outside the bubble as a community observer.
Mr.DrunknBass announces his Simon game
Mr.DrunknBass announces his native Myspace app
Mr.Layton launches the Search app, making searching your contacts possible.
Mr.DrunknBass posts an
Akai app thread with GUI screenshots and a donation link.
Mr.DrunknBass provided the community a proof of concept that video recording is indeed possible on the iPhone. This app is hosted on his blog along with a donation link.
Mr.Duncan releases his own pay-to-play Showtime based on similar concepts proven to work by Mr.DrunknBass.
Mr.DrunknBass fires back on his blog and on this very site with regards to feeling cheated out of his code and the missed opportunity to provide the community the first full Video Recording solution.
Mr.DrunknBass retaliates by offering "Free Keys" to Showtime.
Showtime (Unlimited) is then made available on the BigBoss repo before being made an official repository. Once official, Showtime (Unlimited) was removed.
PolarBearFarm hosts a portion of the bandwidth we all use for downloading apps in Installer. This is a community effort.
Mr.DrunknBass announces uShow, and launches
the site which coincidentally looks the same as
http://www.demandware.com/
Mr.Duncan contacts Mr.DrunknBass diplomatically requesting that Mr.DrunknBass remove all negative references to him from the MonsterandFriends blog. Mr.Duncan states he will seek legal action if this matter is not resolved in a reasonable manner.
Mr.Duncan Writes:
Quote:
Dear Aaron,
Much time has passed since we emailed each other in January. It seems
with the SDK release there is going to be a lot of great opportunities
to develop and distribute new apps. I assume you are busy with all
your projects and are doing well.
I will get to the point. We are moving forward with more app
development at present and have been working on numerous joint
projects over the last month. Obviously you were angry about us
releasing a competing video application a few months ago. From
previous emails and my understanding of the situation, the only real
differing view is that you expected me to hand over my code to your
project and for me to join your business. As we were one of the first to
release iPhone apps, in October 2007, I don't see any reason why I
would then leave my two partners and give away an app I'd written to
join your team.
However, I think it's time to move on and continue to go our separate
ways. This being said, I do want you to remove the content saying I
stole code from your site. You have a dmitted in previous emails that I
helped you initially, that you expected me to give you my code and
that you were angry that I did my own application. This is a very
different thing to stealing any private code. The comments on your
site do not help either of us.
What you have on your site does not match the comments you have made
to me. I am not a software thief and I never received a private
POC from you. Also my video app was not based on any code received
from you, as I NEVER received any private code from you or your team. As I
have stated earlier, these comments are false and highly defamatory. I
am being pressured by a group that I have been working with over the
last month to get these comments removed. They have said they will
sort out any legal costs associated with getting the comments removed.
I think this is not a great path to go down and so I am asking you
politely to remove the false and defamatory material and any other
material relating to me or my company. You're not gaining anything
from having those comments up on your site.
I will contact you in tomorrow if I haven't heard back from you.
Regards,
Layton
|
Mr.DrunknBass denies this request, informing Mr.Duncan that now the defamatory entries will stay in order to take advantage of the influx of traffic Mr.DrunknBass will recieve upon launching uShow.
Mr.DrunknBass writes:
Quote:
1. You were included in discussion on my app because you made it seem as you were going to be a positive influence and an asset, which you proved to be the complete opposite. You say why would you give me code? i never asked for code, you volunteered it! and it was logged!
The question is why would i volunteer information regarding my app with you? You assured me you had nothing to gain and simply wanted to help me with MY app. this is also, in logs.
but i am not going down that road again.
2. I am not going to get into an argument with stealing code and all that again because i have already proven you are a scumbag. I i will not remove any content from my site because it makes you look bad. You made yourself look bad. It's too bad other people don't want to affiliate with people like yourself, maybe you should take that as a lesson in life. You made your bed and you get to lie in it.
3. Stop trying to act like i said one thing to you an d posted something completly different on my website. All i said was you were helpful to me in the past, which was the only reason id ever allow you to be on my team of developers. I made it very clear to you how i feel, many times... and if you still cant figure it out you are dumber than i thought you were.
I have already gone my separate way and i was actually thinking about taking the post down off my site since it was getting a little stale, but now i think ill leave it up. Also now that my app is being released real soon and i will undoubtedly get a lot of press on the typical tech sites, it is even more important to keep it up, so the next million visitors that visit my site get to see it.
I mean come on.. Do you really think i am going to take down content off my site because it doesn't please you, or your business ventures?
And don't bother me with legal threats again, as we both know they are fruitless, and are not worth the cost of sending this email (FREE).
You are lucky i wasted 5 minutes of my life even responding to you and this stupid email.
|
Mr.Duncan contacts Mr.DrunknBass notifying him that hes left no alternative but to seek legal recourse.
Mr.DrunknBass sends out a mass mailer to the opt-in subscribers to his blog requesting we show our support by mailing Mr.Duncan on the matter.
Mr.Duncan responds publicly to attempt to counter the claims made by Mr.DrunknBass based on Mr.Duncan's email to him.
----
Thats a record of what has gone on by both parties, to the best of my knowledge based on whats been made publicly available on both sides of the fence.
I feel neither is making a proof positive case here, but based on whats transpired, its not hard to be swayed one way or another.
Who's side am I on? Neither, this is nothing more than class room antics up to the point of getting litigious. The eventual launch of uShow, and the relaunch of Showtime will be the proof in the pudding as to who's the better man in this case.
At least thats my opinion on the matter.
04-09-2008, 03:15 PM
Linear Mode
