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Re: XFP Updates and ZTree's XTree Heritage

Posted By: Mathias Winkler <>
Date: Apr-1-2001 4:36 p.m.

In Response To: Re: XFP Updates and ZTree's XTree Heritage (Greg Akers)

> > Well, in fact, I think, this arrangement mainly ensures Zedtek to be able
> > to distribute ZTreeWin as a commercial product, without having to reckon
> > on a Symantec lawsuit ...
>
> Yes, I think so, too. Any other XTree clones have such an arrangement?

No !
But remember, all the Unix/Linux clones, for example, are distributed
on a non-commercial basis (Freeware, respectively GPL Open Source),
so the situation there maybe slightely different !

> Seems to me that because Zedtek does, in fact, have legal rights from
> Symantec (the current legal owner of XTree) to use the XTree 'look & feel'
> then that is, indeed, a form of "legal heritage" unique among XTree clones!
> Not that this is any major substantial issue, since I haven't heard of many,
> if any, successful lawsuits based solely on 'look & feel.'

Oh, don't underestimate this issue !
In fact, there are lots of nasty lawsuits regarding names, links, looks & feels, etc... :-(

> Of course, it's Kim Henkel's pioneering and dedicated hard work at extending
> the XTree 'look & feel' functionality into the 32-bit OS/2 and Windows
> environments that is the major substantial benefit to ZTree users and earns
> any de facto (as opposed to legal) XTree heritage honors such as, "The
> closest!! If any program should have the merit to be named 'XTreeGold 5.0',
> then this one !"

Well, these are my words, so I can't really argue against them ... ;-)

> > Secondly, none of these program have derived a single line of code from the
> > original XTree for DOS versions !!
> > So they're both just clones, however, some damned good clones, I think !
>
> But, if I understand it correctly - and I *don't* claim that I do - the same
> code that was born as 'XTree for UNIX' is now a part of UnixTree.

Even further, it's now only "part of UnixTree", UnixTree is "just" an updated
version of the original "xtree for UNIX" code !!

> I think that, by whatever legalities Rob Juergens retained or regained
> ownership of that code through the XTree-Central Point-Symantec succession,

Well, in fact, he has not "regained" the code's legal rights, but indeed
"retained" it, for he has "licensed [it] to XTree company on royalties basis"
(quoted from the XTFP stories section), the xtree for UNIX code *never* has been
"owned" neither by XTree Company nor by Central Point or Symantec !!

> this too is another form of "legal heritage" from XTree.

Maybe legal, yes, however, but definitely not a "code heritage", or so, cause
Rob Juergens once wrote "xtree for UNIX" completely on his own (like Kim Henkel
did with ZTree), without ever having seen the code from the original XTree for
DOS versions !

Apart from that, it would have been no great use anyway, to try to "port" the
code of a DOS Assembler program to a "C" Unix language one !

> Although neither 'XTree for UNIX,' XTreeWin, XTreeMac, nor certainly
> 'XTreeGold for Windows' shared any program code with the original XTree for
> DOS versions does not, in my non-expert opinion, negate their obvious XTree
> "legal heritage" of company association and legal name association. Just like
> distant cousins in a human family who share a legal family name but may
> actually share very little, if any, genetic code with a distinguished family
> ancestor does not negate their legal family heritage

Hm, a really cute metaphor ... ;-)

> That's the kind of XTree legal heritage I meant in my previous message. Not
> really any big deal like some legalities can be. Just another point of view
> that I find interesting to consider.

I see !

Best regards
Mathias

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