Mr. Babu Obilichetti Corporate Licensing Office Mr. Obilichetti - I keep getting requests for help from Brian Schenkenberger and it seems to me that sending a statement to his lawyer (the address is in the collection of stuff below) would be worth doing. Basically I gather he wants a statement that 1. Porting code from Vax to Alpha is not ASCI proprietary technology, but is taught by Digital, supported by many Digital publications and support activities (including DECUS), and should not be considered any third party's property. 2. The Digital nondisclosure agreements state generally (or stated for Spiralog field-test) that once information is available from a public forum (in this case, a DECUS presentation...I sent Brian some slides from a F94 talk I had attended at DECUS that Andy Goldstein gave), it may be discussed with others and the duty of secrecy with respect to the information so disclosed is terminated. You can see the stuff for yourself. I will add that I ran across an old demo of Deviceshare from ASCI recently while getting ready to back up my home systems before leaving for my vacation. It dates from before Brian S's employ at ASCI. While I have no interest in the product as such...I watched it work & decided I didn't want it... I recalled that you had asked whether any confirmation of Brian's allegations of theft could be had. I ran some disassemblies of something called tmscpdriver in the package, to check for possible code theft there. While I didn't do this in full detail, my opinion of the code dumps I saw is that there IS Digital code in there, and that it covers most if not all of the driver apart from some "boilerplate" code that any driver needs. I can bring that stuff in if anyone wants to see it, though I prefer not to get any more involved than this. I tried to forward the letters to David Zipps,but his email bounces every time I try. Can you possibly write a letter stating what I outlined above to this atty? And can you look over the rest and see if it can be sent to someone else who might be able to help? The DECUS talk, in my recollection (as aided by slides), contained all the material that Brian's "top 10" letter covered,which was pretty low in details. The talk was given in Fall 1994; you'll see that the letter that was complained of was in August 1995. Thanks Glenn Everhart star::everhart, dtn 381 1497 From: SMTP%"system@lokidev.attmail.com" 26-JUL-1996 07:35:23.34 To: everhart@arisia.gce.com, everhart@star.zko.dec.com CC: Subj: plez can you help? Hello Glenn, It seems that the extent of ASCI asininity has not yet ceased to dumfound me. Seems there's a point of contention about an e-mail message I sent to Hunter in which I placed, what I perceived to be, generic facts about Spiralog. I contacted Clare Wells about the items of contention and received a reply back stating that the items were not "confidential and/or proprietary". I asked to have the same placed in writing but never received that which I requested. I send Clare another message yesterday but I am not sure that it will gain me the necessary ammunition I need to fight this blatantly stupid argument. On tuesday, I was deposed yet again by ASCI's attorney. They are apparently claiming that I could not discuss Spiralog because of a "special" agreement which says that ASCI was to keep Spiralog a secret. I have no doubt in my mind that such an agreement DOES NOT exist simply because Spiralog was discussed at National DECUS events prior to the date of the discussion I had with Hunter. I have asked for a production of this alleged document and have yet to have it produced. As I understood it, the Spiralog Field Test distribution was available to the OpenVMS public -- not through a special clandestine arrangement with a selected few "mom and pop" software houses such as is the case with ASCI. On tuesday, ASCI's attorney alluded to the notice on Digital's software which reads: "The software contained on this media is proprietary to and em- bodies confidential technology of Digital." to support argument that I could not discuss Spiralog! I know this is nonsense but will a judge and jury understand this without some sort of clar- ification from Digital? Anyway, I am attaching the entire text of the message I sent to Hunter wherein I discussed Spiralog. I included a list of items which were sent, via email, from Clare Wells about things to be concerned about in third-party code which will of issue with the Spiralog. My brithday was just before the posting of this mail to Hunter. For my birthday, my wifey bought me a copy of the David Letterman's Top 10 Lists book. When Clare's list arrived, I struck me kind of funny and I sent it in the same "light" as one of Letterman's Top 10. My question to you is: Is there anywhere or anyone or anyhow within Digital where I can get a definitive answer on this stupid point of contention in my ugly lawsuit with ASCI? If the notice (quoted above) were indeed to mean that discussion of the product was in anyway "illicit", I would think that Digital would have closed down comp.os.vms and all of the VMSnet.* newsgroups a long time ago because that very same notice appears on all OpenVMS software! I can't fight this alone! It's my contentions against theirs and they seems to be making all sorts of claims and allegations on the behalf of Digital without, as far as I know, Digital having had made them. Can you help? BTW, I have also been forced to produce ALL of my loadable execlet codes in this suit. Apparently, even though I wrote most of these before my employment with ASCI and a feature article on the topic for the DSJ, once you work on code for ASCI you no longer have any right to any code or the right to ever again write code for the VMS operating system. This point really disturbs me. Rosenberg, ASCI president, never wrote an execlet nor knew how to write one before I began my employment. Now, I have to turn over 5 years of my toils and efforts to a thief simply because I wrote an LEI or two for ASCI! I also never filed an actual copyright form for SYMBOL. I only did what every other author of freeware software has done; that is, I placed a "Copyright" on the code source and published it. I fear that, until this whole thing is over and done, I will lose my rights to my SYMBOL program and other free- ware software. Hmm! $20.00 and a filing of a form would(might?) have prevented this "theft". Oh well, it was really nice to have worked with OpenVMS, program in OpenVMS and interact with the OpenVMS community for 15 years. I guess I won't mind too terribly to give it all up in the name of one fucking, code-thieving schmuck. :( --------- Begin copy of E-mail message in question ----------------------- Received: by AdvSysCon.COM (MX V4.0-1 VAX) id 7; Tue, 15 Aug 1995 12:24:27 EST Sender: brians@advsyscon.com Date: Tue, 15 Aug 1995 12:24:26 EST From: "Brian Schenkenberger, VAXman-" Reply-To: "Brian Schenkenberger, VAXman-" To: goathunter@loki.com Subject: RE: Alpha.WKU >No, one of the students at WKU has been using it too---it only had a >two-user license. I just installed the unlimited-user license, so it >should be OK now. Sorry about that! Ok! I had to FTP something -- again! +++ I haven't received the design doc, yet, promised by Andrea in a mail message a few days ago. The real information I'd like/need would be something to help me understand the RMS design of the files being corrupted. I'm still awaiting that information as well. +++ I should be getting the Spiralog Field Test here soon. Looks like a lot of "hackery" will be awash under this new file system. Here's Letterman's top 10 things that won't work under the new file system: (Taken from a message from the Spiralog product manager) 10: Interpreting the file header -- It's a Sham! 9: DSE and movefile. 8: Referencing any internal structures: WCB, FCB, etc. 7: Assumption about internal interfaces and locks. 6: Reading directory files. 5: assumptions about the FID. 4: Accessing any ODS2 reserved files except the MFD [000000] 3: Queuing IRP to the driver! 2: Any ODS2 structure not available as an ACP attribute --- 1: Logical and Physical I/O!!!!! RMS will be 100% supported and existing RMS only applications are guaranteed to continue working! We'll wait and see on that one! +++ Since I've had to work on several SCS SYSAPs since I've been here at ASCI, I've been toying with the idea of modifying SYMBOL to use its own SYSAP for cluster communications instead of the current SMI interfaces. It's been almost 2 years since I did anything to SYMBOL so, I thought that might be an interesting feature to add to update the package. Plus a few command line interface changes. ------- VAXman- --------- End of copy of E-mail message in question ----------------------- VAXman- For without are dogs, and sorcerers, and whoremongers, and murderers, and idolaters, and whosoever loveth and maketh a lie. - Revelation - ================== RFC 822 Headers ================== Return-Path: system@lokidev.attmail.com Received: by galaxy.zko.dec.com (UCX V4.0-10B, OpenVMS V6.2 VAX); Fri, 26 Jul 1996 07:35:14 -0400 Received: from mdau.md.mt.np.els-gms.att.net by mail11.digital.com (8.7.5/UNX 1.2/1.0/WV) id HAA10571; Fri, 26 Jul 1996 07:29:25 -0400 (EDT) Date: Fri, 26 Jul 1996 07:19:43 -0500 From: system@lokidev.attmail.com ("Brian Schenkenberger, VAXman-") Received: from lokidev by attmail; Fri Jul 26 11:27 GMT 1996 Received: from alpha by oadec (OADEC V3.0); Fri Jul 26 07:19:43 EDT 1996 Subject: plez can you help? To: everhart@arisia.gce.com, everhart@star.zko.dec.com X-VMS-Mail-To: OA%"attmail!internet!Arisia.GCE.Com!EVERHART",OA%"attmail!internet!star.zko.dec.com!everhart" Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: From: SMTP%"system@lokidev.attmail.com" 26-JUL-1996 11:40:04.99 To: everhart@star.zko.dec.com CC: Subj: Re: plez can you help? >I went to some presentations about Spiralog well before the actual >field test and recall all 10 of your items being discussed at DECUS. >The business of log/phy I/O not working, ODS2 structures not being there, >queueing IRPs etc. was discussed with me, not under nondisclosure, >very early in the game, around 1993. Same here. Also had several "white papers" on Log-Structure based file systems from work done at Berkley (the Sprite LFS) and work done by Digital (think it was WRL?). The unfortunate part of my dilema is that I had all of that at ASCI and their method of removal of me from their organization did not permit me to collect my personal effects. I had requested these things but I have not received them. I got only a few items returned. ... wonder why? Perhaps, with the evidence, their lies might be believed in a court of law. >I'm hunting for some DEC legal folks to forward this to and will >forward it to a guy I have dealt with in Edinborough in the Spiralog >group. The material is however precisely what has been discussed many >times at DECUS sessions. Maybe the EDO guys can come up with some >slides that are dated suitably. The only guy I knew in the UK/Scotland was a Steven Hirsh. I spoke alot with him because he did much work on the XQP and XQP+. >If of course you want me to send a statement signed in front of a >notary to the effect of what I wrote,no problem. Something from someone with some authority in Digital to enforce my defense of this lie would be grand. There's been alot of "verbal fertilizer" so to speak, being spread by ASCI in this case that is in direct opposition to and detrimental to Digital. If this were to go before a federal court, and I'm now doubting that it would but if it did, there are some points in this case that seem to me would not favor their owners, namely DIGITAL. I understand there's lots of money to be made in the legal profession to appeal federal decisions -- Think Digital wants to aid the legal profession? VAXman- For without are dogs, and sorcerers, and whoremongers, and murderers, and idolaters, and whosoever loveth and maketh a lie. - Revelation - ================== RFC 822 Headers ================== Return-Path: system@lokidev.attmail.com Received: by galaxy.zko.dec.com (UCX V4.0-10B, OpenVMS V6.2 VAX); Fri, 26 Jul 1996 11:39:50 -0400 Received: from mdau.md.mt.np.els-gms.att.net by mail11.digital.com (8.7.5/UNX 1.2/1.0/WV) id LAA29613; Fri, 26 Jul 1996 11:26:24 -0400 (EDT) Date: Fri, 26 Jul 1996 10:38:11 -0500 From: system@lokidev.attmail.com ("Brian Schenkenberger, VAXman-") Received: from lokidev by attmail; Fri Jul 26 15:03 GMT 1996 Received: from alpha by oadec (OADEC V3.0); Fri Jul 26 10:38:11 EDT 1996 Subject: Re: plez can you help? To: everhart@star.zko.dec.com X-VMS-Mail-To: OA%"attmail!internet!star.zko.dec.com!everhart" Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: From: SMTP%"system@lokidev.attmail.com" 26-JUL-1996 13:17:47.50 To: everhart@star.zko.dec.com CC: Subj: Re: plez can you help? >I forwarded your letter to Mark Howell in Scotland; he is a spiralog >developer who gave some of the DECUS talks. Cool. >I put some of the LFS white papers on the sigtapes way back when >though, and those are public documents. I'll try and dig out >which ones they went on. I have the Sprite CD (bought one with my >own $$) and found the docs at DECWRL someplace. They were on the >sigtapes in a "whitepapers" directory with a number of DEC >whitepapers. The LFS one specifically was there...I thought it was >rather cool. The ones I had and I believe they're the same were interesting. >I just sent Mark H. a copy of the NTFS driver for Linux as a favor >so hopefully he'll respond favorably. He should email you direct, >but remember it's the end of the day in Edinburgh so this may not >happen till next week. If you hear nothing by the end of next >week, give me a holler. (I'm on vacation all next week tho... >won't read email till I return.) I have a couple other names of >EDO guys; Mark is at howell_ma@movies.enet.dec.com btw. Movies >is an alias of some kind but it works. I send stuff direct via >decnet tho so have not tried if the external alias works. Enjoy the vacation. I wish I could take one! What I'd really like to know is if Digital required ASCI to keep Spiralog a secret as they claim. Perhaps DEC did but the general public was not! Being that I was a member of both of the class- ifications -- ASCI and general public -- I fell that the latter class would probably take precident over the former. I wonder if ASCI was asked to keep it a secret because DEC can't trust them with their software! ;) ... Just got off the phone with my attorney. He can't understand why Digital isn't moving against ASCI. Digital can squash him like a bug and get their, really only other, competition in the disaster recovery and volume shadowing market outta their way. They also have now completed a DCL for NT they call XLNT. I don't know if that's a violation of any Digital rights to produce a DCL "shell" for another operating system but I'd think it would be worth look- ing into. VAXman- For without are dogs, and sorcerers, and whoremongers, and murderers, and idolaters, and whosoever loveth and maketh a lie. - Revelation - ================== RFC 822 Headers ================== Return-Path: system@lokidev.attmail.com Received: by galaxy.zko.dec.com (UCX V4.0-10B, OpenVMS V6.2 VAX); Fri, 26 Jul 1996 13:17:29 -0400 Received: from mdau.md.mt.np.els-gms.att.net by mail11.digital.com (8.7.5/UNX 1.2/1.0/WV) id NAA04907; Fri, 26 Jul 1996 13:06:21 -0400 (EDT) Date: Fri, 26 Jul 1996 12:09:10 -0500 From: system@lokidev.attmail.com ("Brian Schenkenberger, VAXman-") Received: from lokidev by attmail; Fri Jul 26 17:06 GMT 1996 Received: from alpha by oadec (OADEC V3.0); Fri Jul 26 12:09:10 EDT 1996 Subject: Re: plez can you help? To: everhart@star.zko.dec.com X-VMS-Mail-To: OA%"attmail!internet!star.zko.dec.com!everhart" Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: From: SMTP%"system@lokidev.attmail.com" 27-JUL-1996 09:30:07.92 To: everhart@star.zko.dec.com CC: Subj: Re: plez can you help? > >I bloody well don't believe DEC would have used any different nondisclosuyer >forms for ASCI than anyone else. > I know that and you know thet but, we're in a legal proceeding. Who said there's any truth in their claims. I'll tell you know that my impression of ASCI attorney is that he is a prime example of every known stereotype of the legal and lawyering profession. ... ya know, his lips are moving! > >Wonder if XCLT (or wottever it's called) is stolen from pc_dcl, which >does supposedly work under nt? > XLNT! I know the symbol table functionality was ligted from my SYMBOL. I spent a lot of time with Joe Affrunti going over SYMBOL's symbol table mechanics with him. I did, also, give that team a copy of pc_dcl! :( What a shame! I used much of my "copyrighted" freeware components to do porting of their products and bug fixes, etc. This is the thanks I get. > >As for DEC moving against ASCI, they may not know how to prove the >theft...can't expect the lawyers to know about dism32 even though I DID >tell them... > I'm trying to get my attorney to have ASCI produce the list of customers both evaluation and maintenance and distributors that received a copy of DeviceShare in the months prior to my joining ASCI. Then, we can obtain copies of the code from these customers and/or distributor and DISM32 it to our hearts delight. I've already built the DISM32 .SYM files for two releases prior to my employment. We just need the list of recipients of DeviceShare so that they can be obtained from the customers via a legal channel which will not place any question on their authenticity! > >There's also the "issue" that ASCI is an ISV for VMS and maybe they >don't want to lose ISVs. Again, hard to tell what their reasons are, >but sometimes they tolerate abuses. > Yeah! So are Raxco and Axent and Touch Technologies and Loki! Why is Digital foresaking them? The problem is that ASCI has made claims and allegation that Digital could easily dispell if they'd get involved in this in some fashion. As it stands now, they're going to let four ISV companies, and well know one's at that, get shit on for the sake of one ISV that, IMHO, are simply taking Digital and everyone else for a free ride! BTW- David Eiche is quite friendly with the ASCI boys. He's been their prime Digital technology point of reference for years. Just so you're aware and that information doesn't make its way back to ASCI. I spoke with some Digital attorney name David Zipps and with another Connie McGrane. Neither have, IMHO, persued the information further. I still just don't understand it. I came to Digital and I spoke with Digital's attorneys. I confessed that I made a copy of the VMS source listings CDs. I informed Digital's attorneys that the copy has been destroyed. Hell, I want to buy them. Have you ever tried to pur- chase them as an individual? I'll sign the license agreement and I'll uphold it to the very best of my abilities whatever it says. I'll put up the $2,000+ to purchase them -- just get me someone that'll set me up with them. That's the reason for the copy. I didn't, IMHO, hurt anyone by doing so and I told Digital and all the attorneys I spoke to that the copies were destroyed. They were, in a sense, simply conven- ience copies for two guys writing freeware and that could have access to them through their employers anyway -- just like several tens or hundreds of other VMS hackers. The copy of the CD is, IMHO, the only think that ASCI "really" has on me other than the fact that I breached a stupid clause in the employment agreement not to work during my time employed with ASCI. Ok. SO, I ported Touch's Fragmentation Controller product to Alpha. ASCI had no competing technology and therefore, it was the only item I said I'd port. It's dumb! Touch offered to let me make a few $$$ only because ASCI refused to reimburse me my DECUS expenses. Dan E. was trying to help because he and others would like to have people like me at such events. When you're digging deep into your own shallow pockets, it's hard to justify DECUS. I took on Dan's offer more because ASCI pissed me off by refusing to pay for what they had offered to pay for and not because I was destitute. I just felt I'd been cheated by a schmuck and wasn't going to let my bank account be victimize or show the victimization. The Raxco thing is REALLY blown out of proportion. I was approached by Loki (Hunter in fact) and told that there was a possibility that they could hire me if they got a support contract for some more S/W from Raxco. Part of it entailed PerfectFile, their indexed file "defragger" for lack of better terminology. They asked me if I was capable of fixing the problems in such a piece of code. I said I wouldn't know not having seen the code. So, Loki got me a copy of the code to review. They said, look it over and then, give them an assessment of what I thought it would entail to fix the known bugs and whether or not I thought I could do it. They offered me a token $500.00 to take 10 hours of my time to look it over thoroughly. It was a lot of code for even 10 hours! From this act, they have brought Raxco, Axent, Loki, Hunter and my- self into a RICO conspiracy to steal ASCI technology! Unbelievable! Oh! And, during my emplyment, I answer two questions for Hunter in relation to Loadable Executives. One dealt with a problem with the LEI having multiple ISDs. I don't know nor did I care what product he was working on, I simply explained the error. Another dealt with _MY_ loader routine used in SYMBOL. Hunter used it, as I did for ASCI, to load one of RAXCO's products he had made into an execlet. He found a bug in my loader routine that occurred in a certain set of circumstances and was actually determined to be a VMS bug. He told me about it because it was _MY_ loader routine and I researched it and reported my findings and _MY_ workaround. Those two "VMS" issues are being cited as being "uncompensated" assistance to Loki and Raxco and show a "pattern" of continuing rackettering activity. Yow! That must be one hell of a law!!! I guess now that the definition of racketterring is: Murder, gambling, extortion, smuggling, arson, ..., and answering VMS questions. Steve Lionel and Stephen Hoffman had better watch out next time they post to comp.os.vms! I think it's rediculous. I answered more VMS questions for the general public on the newsgroups in a single day than I did for Hunter in an entire year and 1/2. But, it's a stepping stone for this slime-ball attorney to "try" to prove RICO. >Also my recollection of the copyright act (of 1980 or so) was that >code you create is presumed to have a copyright, notice or not, >and that while you must register it to sue someone, the copyright >is valid nonetheless. ASCI may get a copy of what you gave to >the public, but they do not get the right to use it while you >hold the copyright, and I think you can register the copyright at >any time. Certain items were published publicly. Other, however, were my "ditties", "works in progress" and "building blocks". I kept them on ASCI's machine and I know, he'll try to claim they are his. >An employment agreement that applied retroactively to prior works >you did would seem on the face of it invalid for lack of consideration, >even apart from case law. And how in hell they can claim that you >learned Alpha coding from them in one breath and then demand your >pre-employment Alpha coding in the next is a mystery to me. See! This is why I am asking for Digital to lend a hand. From the beginning, Rosenberg claimed that all porting was ASCI technology and that I learned how to from them. In my first deposition, the ASCI attorney tried to draw a conclusion that because I worked on some ASCI code that had been ported I then and therefore learned how to port from ASCI. Bullshit. When I got to ASCI, only the bare minimum code was running native -- drivers (poorly ported to step 1) and privileged shareables. The rest of the code was *ALL* vested! There was no discussion of and almost a contemptuous effor to sup- press the fact that I had been well recognized for the porting I had done prior to my employment. Rosenberg seems to be cowering away from that claim. I just can't believe some of the paperwork that his schmuck attorney has produced. Every publication seems to contradict the former and changes the story. This is an incestuous business we're in. I myself have worked for 6 companies/jobs in the last 15+ years and that doesn't account for any private consulting I've done. I also worked almost exclusively for the DoD. I've held clearances and had access to lots of stuff! I don't know if it was classified or not but, I was given clearance becasue I was judged capable of using my better judgement and not disclosing anything which might be confidential. Hell, I was told during briefings that we were not to even disclose we had clearances because that make you a target. I always thought it was a violation of these rules when I'd see someone listing their clearance levels on their resume'. > >If this goes a helluva lot further (or maybe even if not) one other >thing to do is release some of the court allegations they make and >your rebuttals to info-vax and let their (soon to be former) >customers know what's going on. I believe that court documents as >a general matter are considered public records; read a book by >Louis Nizer in which he discussed a case with Westbrook Peglerm who >used that device to publish a whole lot of stuff that would have >gotten him sued for libel if it hadn't been court papers (which Pegler >had filed!). > I've often thought about what "damage" this information could do to ASCI. First, the co-defendants involved are well known -- ASCI is not. Hunter and myself have helped people immensely over the years and I am sure that a great many would look upon ASCI as the embodi- ment of Satan himself for bringing such a suit again their mentors. The fact not yet proven in court that ASCI has stolen Digital S/W will not sit right with most potential customers. There's the ta- boo of purchasing stolen merchandise and the fear that S/W that is purchased could be recalled by court order. I've often said that I could put him out of business by simply one keystroke! I'm not looking for that. There are people there that have families and rely on their jobs -- But hell, so do I. He is the one that started this mess and he should have though long and clear of the potential repercussions of bringing such a suit. I'm only looking to have this thing go away -- simple as that. I don't want to play the legal pissing match games of suit and countersuit. Hell, I went to my attorney and told him that I knew that ASCI was stealing Digital's code and had some source code to prove it. I asked that he explain this to the schmucks and that I'd turn the other way if they'd simply let me alone. He, being the upstanding officer of the court, said he could not do such. I'd wager that if they knew from the start that I could disclose their transgres- sions to Digital that they'd have left this thing alone. >What happens to ASCI if this little matter stops being an inside secret >and is disclosed to the world. Info-vax is not the only newsgroup >that should see it, of course; some NT groups too...also some >groups may exist that discuss abuse of process. You might even get >some voluntary contributions or offers of help. I don't know. I know it would hurt ASCI more than me. Like I said before, ASCI is simply an unknown. They've never participated with DECUS or flown their flag at any trade-shows. THeir advertising is abysmal. It's basically, buy a mailing list and send out 4x6 cards in card decks. I typically toss mine as, I am sure, do most people. I'd like to know about the people left on the inside as ASCI. What sort of information have they been given on this? Can they be sub- peonaed and can their testimony be reliable knowing that they have a vested interest in protecting ASCI and their ASSes? Rosenberg also said that he informed Digital that I put their code into their DeviceShare product and they discovered this and have, subsequently, removed it. I'd like to know if this is, indeed, the truth. Did he make such a statement to Digital? If so, did he do so in writing? If he did it in writing, I'd love to have a copy to see it and hold on to for evidence in the defamation and libel suit he'll be getting once I show that Digital's code appeared in Device- Share BEFORE my employment! Answering a VMS question is petty shit -- even if the answer was to a competitor. And, it was Hunter. He'd have figured it out on his own. It's not like he's inept in VMS! I worked to port a non-competitive product. In doing so, I expressed my concerns about owrking on anything which ASCI had as a competitive product. Hell, I even stopped my porting efforts on Supervisor when I went to ASCI because of WATCH. I am not the satanic, unethical and rogue heathen nazionalsocialist that Rosenberg has painted. I work on code now and dont' have any sort of non-disclosure agreement or contract or protective convenent because the people that I am working for strongly believe in me and that I am ethical enough to know what is and is not confidential and/or proprietary. > >Remember: truth is a valid defense against claims of slander or libel. >(Run it by your atty tho...) .. and you'd have thought that the truth was a valid defense in the accusation being made in this liesuit. However, like I said before, this is a legal matter with lawyers involved -- there is no truth! VAXman- For without are dogs, and sorcerers, and whoremongers, and murderers, and idolaters, and whosoever loveth and maketh a lie. - Revelation - ================== RFC 822 Headers ================== Return-Path: system@lokidev.attmail.com Received: by galaxy.zko.dec.com (UCX V4.0-10B, OpenVMS V6.2 VAX); Sat, 27 Jul 1996 09:29:58 -0400 Received: from mdau.md.mt.np.els-gms.att.net by mail11.digital.com (8.7.5/UNX 1.2/1.0/WV) id JAA12789; Sat, 27 Jul 1996 09:24:11 -0400 (EDT) Date: Sat, 27 Jul 1996 07:32:50 -0500 From: system@lokidev.attmail.com ("Brian Schenkenberger, VAXman-") Received: from lokidev by attmail; Sat Jul 27 13:23 GMT 1996 Received: from alpha by oadec (OADEC V3.0); Sat Jul 27 07:32:50 EDT 1996 Subject: Re: plez can you help? To: everhart@star.zko.dec.com X-VMS-Mail-To: OA%"attmail!internet!star.zko.dec.com!everhart" Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: From: SMTP%"system@lokidev.attmail.com" 28-JUL-1996 21:00:06.11 To: everhart@star.zko.dec.com, everhart@arisia.gce.com CC: Subj: Total fed up with it. Hi again, I know you're trying to help and I'll ne eternally in debt for it. I just don't understand this whole situation. Here, I've handed a thief over to Digital that has taken Digital's own code, placed it into a competing product and sold it, making profits on Digital's own handywork. Not only that but, the idiot he is (he being ASCI president Mr. Rsoenberg) he actually aids my allegation by admit- timg that the code IS indeed there. He, of course, in his lust to find more feign proof of a RICO conspiracy, he accuses me of doing this deed and uses, as a defense, the argument that DeviceShare existed before Digital had TMSCP. I'm not saying all of Device- Share -- just the TMSCP support which he couldn't have had without Digital making the fundamental operating system mods first. He's simply trying to cover up his theft and point the finger at me. Over there, I and the co-defendants are being sued because I know VMS and he is staking a claim in my knowledge using the fact that I breached my employment agreement by working while employed by ASCI and a clause which covers everything under the sun and then some as confidential ASCI know-how. Bullshit. I looked over a packege of code that I'd be working on if I took the position. I don't see anything wrong with that. In fact, I wish more emply- ment oppertunity would afford you the change to exhaustively let you see what you were getting into. Two other cases. One, Hunter used a routine I poublished in my SYMBOL program when he did some work on Raxco's schtuff. In the process, he found a bug and reported it to me. Being my code, I researched the bug and fixed it. (Actually, it was a VMS bug and I just devised a workaround). I told Hunter of the workaround. The fix is too trival and stupid to even comment on but, that is a issue in this bullshit. Another issue has been that I helped Hunter understand an error message he was getting when loading an execlet he built -- Multiple ISDs. Can't DEC do something nice like saying "Leave them alone and we will leave ASCI alone"? I will testify on DEC's behalf that ASCI stole their code. I will forward you the DISM32 .SYM files I have composed with 470+ symbols defined. Makes proving the theft rather easy. In addition, the source code I turned over has been sealed and protected in court proceeding. I can also tell DEC where to find versions of ASCI's software from before my employment that "CLEARLY" show that DEC's code was there -- contrary to Rosenberg's perjury that I added it. ... and you're right. Sooner or later this thing will stop being ASCI's little secret. It's going to become public. How will that look for DEC when it comes out that DEC knew of their theft and did nothing about it? Like I said, I'm not innocent in this thing but, I think that what I did is fairly inconsequential. I made a few bucks on the weekend using my brain and my computers. Rosenberg has made thousands over the years using Digital code. How about some help from Digital to at least clarify, support or deny the allegations which Rosenberg is making on their behalf. VAXman- For without are dogs, and sorcerers, and whoremongers, and murderers, and idolaters, and whosoever loveth and maketh a lie. - Revelation - ================== RFC 822 Headers ================== Return-Path: system@lokidev.attmail.com Received: by galaxy.zko.dec.com (UCX V4.0-10B, OpenVMS V6.2 VAX); Sun, 28 Jul 1996 20:59:59 -0400 Received: from mdau.md.mt.np.els-gms.att.net by mail11.digital.com (8.7.5/UNX 1.2/1.0/WV) id UAA04740; Sun, 28 Jul 1996 20:53:08 -0400 (EDT) Date: Sun, 28 Jul 1996 20:02:32 -0500 From: system@lokidev.attmail.com ("Brian Schenkenberger, VAXman-") Received: from lokidev by attmail; Mon Jul 29 00:51 GMT 1996 Received: from alpha by oadec (OADEC V3.0); Sun Jul 28 20:02:32 EDT 1996 Subject: Total fed up with it. To: everhart@star.zko.dec.com, everhart@arisia.gce.com X-VMS-Mail-To: OA%"attmail!internet!star.zko.dec.com!everhart",OA%"attmail!internet!Arisia.GCE.Com!EVERHART" Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: From: SMTP%"system@lokidev.attmail.com" 31-JUL-1996 08:22:20.14 To: everhart@star.zko.dec.com CC: Subj: Re: plez can you help? >I'm hunting for some DEC legal folks to forward this to and will >forward it to a guy I have dealt with in Edinborough in the Spiralog >group. The material is however precisely what has been discussed many >times at DECUS sessions. Maybe the EDO guys can come up with some >slides that are dated suitably. You forwared this previously and I'll probaby be breaking some rules or something but I can not sit back an let a lying thief like Rosenberg and ASCI ruin the lives of basically good and hard working people any longer and, all the while, spreading lies on behalf of third parties without these third parties being involved. Herein, is Paragraph #47 of the "Declaration of Ben Rosenberg on behalf of Plaintiff", Plaintiff being ASCI. It is typed verbatim, including the grammatical errors. -- 47. On August 15, 1995, Schenkenberger revealed to Goatley certain confidential information concerning Digital's Spiralog Field Test, as well as details of Spiralog's software. Attached hereto as Exhibit "30" are excerpts proving this. Therein, the parties essentially discussed technical information, such as "interpreting the file header", "DSE", "move file", "WCB and FCB", "internal interfaces and locks", "FID", "accessing ODS2 reserved files", "queuing IRP to the driver", "RMS support", and otther issues. In plainer terms, Schenkenberger was revealing confidential data structures and functions of the new Spiralog system. Digital was about to make changes to VMS technology, by creating the Spiralog product. Schenkenberger was disclosing the details of such changes to Goatley. ASCI was required by Digital to maintain the confidentiality of Spiralog, so Schenkenberger has exposed us to liability by disseminating the information. -- The exhibit refered to as "30" was the email I previously forwarded to you with the "Letterman's top 10". This is the jist of this _entire_ suit. It's littered with this sort of doggerel but, without a definitive statement from Digital to the contrary of these lies, I fear I'm going down at the expense of Digital's apathy. THis disturbs me greatly because this sort of thing sends a signal of condonation to Rosenberg that Digital is willing to back the lies of a theif stealing and reselling their code. You said to me that you wonder how this will look to ASCI when this stops becoming their "little secret". How do you think this will look for Digital when this "little secret" comes out and the public sees that Digital allowed this to proceed and ruin some of their most staunch and popular VMS disciples while, at the same time, allowing a thief to better his financial position at the expense of Digital? What about those wall-streeters and stockholders opinions? I'm not trying to be vindictive. This petty crap has just gone on long enough. I don't want to see Digital look bad but it's going to happen if this lie is allowed to continue unchallenged by the organization which, for all intents and purposes, is at the center of this thing. Please see if there is not something that can be done or someone I can speak with that can help attest to the fact that most of this lawsuit I'm a party to is fabricated lies. VAXman- For without are dogs, and sorcerers, and whoremongers, and murderers, and idolaters, and whosoever loveth and maketh a lie. - Revelation - ================== RFC 822 Headers ================== Return-Path: system@lokidev.attmail.com Received: by dimond.zko.dec.com (UCX V4.0-10B, OpenVMS V6.2 VAX); Wed, 31 Jul 1996 08:22:10 -0400 Received: from mdau.md.mt.np.els-gms.att.net by mail11.digital.com (8.7.5/UNX 1.2/1.0/WV) id IAA16134; Wed, 31 Jul 1996 08:17:40 -0400 (EDT) Date: Wed, 31 Jul 1996 07:36:47 -0500 From: system@lokidev.attmail.com ("Brian Schenkenberger, VAXman-") Received: from lokidev by attmail; Wed Jul 31 12:17 GMT 1996 Received: from alpha by oadec (OADEC V3.0); Wed Jul 31 07:36:47 EDT 1996 Subject: Re: plez can you help? To: everhart@star.zko.dec.com X-VMS-Mail-To: OA%"attmail!internet!star.zko.dec.com!everhart" Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: From: SMTP%"system@lokidev.attmail.com" 5-AUG-1996 20:00:57.05 To: everhart@star.zko.dec.com CC: Subj: TNFS DECUS talk slides and more... Hi Glenn, Hope your vacation was enjoyable. I did send you a mail message to your DECcie address with a quote from Rosenberg's diatribe declaration. I hope you received it. It is exemplary of the entire complaint and declaration. I would like to know if it is possible to get Digital to comment on the lie that ASCI was required to keep Spiralog a secret as is claimed! If that is not possible, how about a statement that the general public did not have to keep it secret. [i.e., after the DECUS presentations that covered the material]. I know, you know and Digital knows that this complaint of ASCI's is a bunch of tawdry bullshit and, as you said, when this becomes more that ASCI's little secret, it will make both ASCI and Digital look bad. ASCI for the blatant lies to extort money and Digital for not lending their hand to, at least where they can, put a stop to the lies. The Spiralog slides are a great start. I need the following if at all possible: 1. A statement of Digital policy on Field Tests. I grabbed Field tests at DECUS in the past Didgital didn't bat an eye as to who was grabbing them. 2. A statement explaining the "blurb" about proprietary and confid- ential on the CD media Digital distrubutes. 3. In Digital's best interests, a statement that porting to Alpha is a technology developed and dispensed by Digital and not ASCI's property. And, anything else that we may have discussed in the preceeding months. The most important now would be something DEFINITIVE in rebuttal to Mr. Rosenberg's lies about Spiralog and the general availability of the field test. Shit. I don't care anymore if DEC doesn't want to persue a thief re- selling their code but for christ sake, can't they at least point out the truth and the lies? VAXman- For without are dogs, and sorcerers, and whoremongers, and murderers, and idolaters, and whosoever loveth and maketh a lie. - Revelation - ================== RFC 822 Headers ================== Return-Path: system@lokidev.attmail.com Received: by dimond.zko.dec.com (UCX V4.0-10B, OpenVMS V6.2 VAX); Mon, 5 Aug 1996 20:00:48 -0400 Received: from mdau.md.mt.np.els-gms.att.net by mail11.digital.com (8.7.5/UNX 1.2/1.0/WV) id TAA28182; Mon, 5 Aug 1996 19:52:58 -0400 (EDT) Date: Mon, 05 Aug 1996 19:35:10 -0500 From: system@lokidev.attmail.com ("Brian Schenkenberger, VAXman-") Received: from lokidev by attmail; Mon Aug 5 23:52 GMT 1996 Received: from alpha by oadec (OADEC V3.0); Mon Aug 5 19:35:10 EDT 1996 Subject: TNFS slides and more... To: everhart@star.zko.dec.com X-VMS-Mail-To: OA%"attmail!internet!star.zko.dec.com!everhart" Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: From: SMTP%"system@lokidev.attmail.com" 7-AUG-1996 13:17:23.54 To: everhart@star.zko.dec.com CC: Subj: Re: TNFS slides and more... >The messages to an atty here keep not getting there. I know a guy in >the business end however...have his card & phone #...who might be >willing to write a letter. Very nice... >One question that occurs to me, namely, to whom should such a letter >be sent? I'm not certain I even have your us mail address, and it >would seem better that a letter from Digital re the case should go >to an attorney or the court directly so there can be no issue of >your being accused of tampering along the way. Sure but CC me any copies sent because we are talking about attorneys here! ;) My mail address is: BRIAN SCHENKENBERGER 14 RUTGERS ROAD JACKSON, NJ 08527-2320 My attorney's address is: DAVID GLASSMAN ATRIUM EXECUTIVE CENTER 3000 ATRIUM WAY/SUITE 208 MT. LAUREL, NJ 08054 I hope this happens soon! THis will help to show that Rosenberg is just picking on every inconsequential semi-technical e-amil message as a way to justify the RICO pattern requirements. For example: He's claimed that I used his DSNlink to provide support to Raxco. By way of evidence, he provides an e-mail message wherein I was complaining to Hunter how hard it was to get the CSC folks to understand a VMS bug I'd encountered. Nothing to indicate any ties -- simply stated, I was blowing off steam about CSC. If that constitutes using CSC for Raxco's purposes then, ASCI should be using just about every act at any given DECUS VMS magic! Hunter found a bug in some freeware code of mine that he incorporated into Raxco's code. He reported the bug to me and I researched it with my freeware and fixed the problem. I sent him the solution I used in the freeware code (which, I'm sure found its way into Raxco's product) to workaround the VMS bug. That has been used to argue the point that I was "aiding the enemy" with KBlock. Hunter tried to load his execlet he built for Audit and got an error back that was strickly numeric: %x00138052. I told him that it meant he had too many image sections in his execlet and should re-examine the link command and his map file. That has been used to argue the point that I was "aiding the enemy" with Audit. This is the kinda bullshit that fills the entire complaint. I'm just guessing but, if Hunter would have asked these very same questions on VMSnet.Internals and I answered them, I think they'd still try to per- sue this shit. >I remembered Andy's talk as having the real meat. Likewise the Q&A afterwards >where I asked about whether freespace would be there in the VCB still. >(He said it'd be there, but might not be very accurate. That turned out >to be true in the shipped product, but the update shipped releases are >moving to make it more accurate and timely.) Good thing I had some >session notes... I have the field tests and the actual release of SPiralog here but haven't had any time to or disk space to play with it. The most I have done so far is lok at the programmer's guilde online. (Sarcasm switch on) BTW, the top secret information entrusted to ASCI which I listed in the "Letterman's Top 10" appear in the programmer's guide. You might want to bring this to the attention of the documentation dept. ;) (Sarcasm switch off) The (Sarcasm switch on/off) has been a device we've been using in our e-mails of late. ASCI's schmuck legal firm-worm has taken the clearly sarcastic remarks made in various e-mail and contorted them into being real fact. I'm still head-spinning from the news that Eiche had no problem believing that Rosenberg stole DEC's code. And, if your legal department has some issue as to whether or not ASCI was reselling their code, tell them to stop worrying. Rosenberg openly admitted that the TMSCP code is in the DeviceSahre product; albeit, to cover his ASCI, he's trying to place the blame on me. I'm not going to rest on this issue. I ported deviceshare and the code it contained. Aside from the code required to port it to Alpha, I added no other code! Besides, I think ASCI is the liable party even if I had done this. I could even lie and state that I was directed to do so and thus, put the burden back on ASCI. BUT, BUT, I don't have to do either because I've told the truth. The code was there -- I ported it -- ASCI sold it -- and, I can prove ASCI sold it before I became an ASCI employee. The lie that pisses me off the most is that I programmed in VMS and Macro32 for close to 15 years. Now, all of a sudden, I no longer can do that, according to his allegations, and have to resort to plagiar- izing everything I've done since my association with ASCI from ASCI. This is serious and libelous drivel. However, I'm not sure that it is considered libel if stated in a court document. If I can, I'll press a suit for several $1M for defamation of character. VAXman- For without are dogs, and sorcerers, and whoremongers, and murderers, and idolaters, and whosoever loveth and maketh a lie. - Revelation - ================== RFC 822 Headers ================== Return-Path: system@lokidev.attmail.com Received: by galaxy.zko.dec.com (UCX V4.0-10B, OpenVMS V6.2 VAX); Wed, 7 Aug 1996 13:17:15 -0400 Received: from mdau.md.mt.np.els-gms.att.net by mail11.digital.com (8.7.5/UNX 1.2/1.0/WV) id NAA08648; Wed, 7 Aug 1996 13:05:51 -0400 (EDT) Date: Wed, 07 Aug 1996 10:12:29 -0500 From: system@lokidev.attmail.com ("Brian Schenkenberger, VAXman-") Received: from lokidev by attmail; Wed Aug 7 15:52 GMT 1996 Received: from alpha by oadec (OADEC V3.0); Wed Aug 7 10:12:29 EDT 1996 Subject: Re: TNFS slides and more... To: everhart@star.zko.dec.com X-VMS-Mail-To: OA%"attmail!internet!star.zko.dec.com!everhart" Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: From: SMTP%"system@lokidev.attmail.com" 7-AUG-1996 18:32:03.48 To: everhart@star.zko.dec.com CC: Subj: Re: TNFS slides and more... >Thanks for the addresses. I'll now put a (lengthy) letter to >Babu Obilichetti together. I'll keep a copy too...it might have to >go to Marcello (the VP in charge of vms). Some good ammo there, guy. Thanks. I can't understand this whole stupid thing. On one hand, yes I did violate an employment agreement not to work while employed by ASCI -- I don't recall signing the agreement I've been shown but so what. If that be the case, he should have simply fired me. But no, he LITERALLY make a federal case out of it knowing full well that he's been reselling stolen code! Hell, I only did the work to recover expenses Rosenberg owed me. I see SERIOUS fraud involving ASCI. Theft of Digital copyrighted software; sale of Digital copyrighted software nationally and internationally; lying under oath about it and miscellaneous lies to try to encumber several innocent parties in a RICO pattern. >Scan will be on the freeware cd, too. Depend on it. I did not try >to recompile for alpha tho...just vested all the exe's I could find. >No time for more now. Coll. More Digital software for free! >I will add that I have examined an old vax deviceshare myself. Since >I got it myself direct from asci some years back, and it has a >tmscpdriver (or something named similarly) I can discuss my own >disassembly and thus verify your claims. NOT having any .sym files or >the like from you should be helpful in this, since it means there can >have been no contamination of the code from you whatsoever. Good >thing I was backing up before vacation. Lord knows how long it might >have taken to find the old kit, if I ever did, otherwise. That's also an issue I have with the versions of the code I've obtained. >I'll copy you on the letter I send, which will have big chunks of >some of your recent letters to me. Maybe I'll do this before sending >it on, in case you'd prefer not to have something repeated. Sounds good to me. Here's another portion of his declaration where he claims porting is his. That second paragraph of his reads like something right out of the chapter entitled "Business Communications" in "The Dilbert Principle"! Total midless drivel. I'm going to get it calligraphed and framed for my collection of the most mindless quotations. :) Quote: "Porting" is the act of migrating some or all of the desired functionality of a product from one computer system to another. In this case, the "source" system was the VAX. The "target" system was the Alpha. Our competitors who are named as defendants herein used Schenkenberger to port their software from the VAX (the source system) to the Alpha (the target system). Schenkenberger acquired the expertise to do such porting from his work as ASCI. In addition to the actual migration of the co- defendants' products from the VAX to the Alpha, Schenkenberger would necessarily have had to make certain modifications to the software during the port, since even a well-done port will not transfer 100% of the product being ported, and some changes will have to be made. ASCI taught Schenkenberger how to make such modifications, as well. Thus, the acutal porting was a mis- appropriation of ASCI's know-how; and the necessary modifications to the software during the porting was also a misappropriation of ASCI know-how." End of Quote. The complaint and the declaration go on and on and on and on that porting is ASCI technology and that I learned or acquired it from ASCI. Problem is that I still can't figure out how I got all of that VAX code running on ALpha before joining ASCI if I had learned porting there! Somwthing strongly worded on these points from Digital should help to squelch these claims. VAXman- For without are dogs, and sorcerers, and whoremongers, and murderers, and idolaters, and whosoever loveth and maketh a lie. - Revelation - ================== RFC 822 Headers ================== Return-Path: system@lokidev.attmail.com Received: by galaxy.zko.dec.com (UCX V4.0-10B, OpenVMS V6.2 VAX); Wed, 7 Aug 1996 18:31:58 -0400 Received: from mdau.md.mt.np.els-gms.att.net by mail11.digital.com (8.7.5/UNX 1.2/1.0/WV) id SAA05006; Wed, 7 Aug 1996 18:24:00 -0400 (EDT) Date: Wed, 07 Aug 1996 14:47:36 -0500 From: system@lokidev.attmail.com ("Brian Schenkenberger, VAXman-") Received: from lokidev by attmail; Wed Aug 7 21:02 GMT 1996 Received: from alpha by oadec (OADEC V3.0); Wed Aug 7 14:47:36 EDT 1996 Subject: Re: TNFS slides and more... To: everhart@star.zko.dec.com X-VMS-Mail-To: OA%"attmail!internet!star.zko.dec.com!everhart" Mime-Version: 1.0 Content-Type: Text/Plain; charset=us-ascii Content-Transfer-Encoding: 7bit Message-ID: