Statement of Facts and for Understanding


There has been allegations that VN-CDROM violated the copyright of certain software in its effort to distribute VietNamese-based software. This message is not intended to argue the technical merits of any coding standard. As far as VN-CDROM is concerned, any and all coding standards that serve the needs of VietNamese communities and empower the computing power of VietNamese are equally valid. This message is intended to set the record straight at the false perception imposed on VN-CDROM by the allegations circulated against the non-profit working group known as VN-CDROM. There will be no endorsement and no discrimination in terms of cultural and technical contribution on behalf of VN-CDROM. The group will not play any part or participate in any manner in such a process. Cultural merit is the only and final criteria for distribution. As far as VN-CDROM is concerned, there is no willful intent to infringe on the copyright of any individual or organization. VN-CDROM abides by the law in its every decision and action, as defined and interpreted by the language with regard to distribution methods. Beside the existing legal framework regarding software copyrights, there is no other policy restricting VN-CDROM's effort to preserve, distribute, and promote VietNamese cultural heritage, achievement and an awareness thereof.

Party of Dispute

TriChlor, and its parent organization, Vn-Std are among the many technical organizations involved in the development of VietNamese character coding standards [VCCS] for electronic computing. Its policy has been consistent in excluding other VietNamese standards in distribution because "doing so would promote one too many coding standard." As far as it can be understood, that is the techical basis and merit of Vn-Std and TriChlor policy. As with all organizational policy and decision, Vn-Std's decision is one among many that VN-CDROM respects. However, disagreement or agreement with the policy of a particular organization is irrelevant. In the pursuit of open and all-embracing archives of cultural contribution; for the purpose of cultural preservation and community advancement; and, in the advocacy of indiscriminate, fair and equal treatment for all, VN-CDROM will not partake in the process of excluding or reinforcing the policy of any individual organization. VN-CDROM's allegiance and focus are directed toward the service of the collective global community. VN-CDROM's committed method consists of openness, mutual assistance and respect, fair and indiscriminate criteria for distribution.

Chronology

VN-CDROM approached TriChlor, calling for assistance and contribution to VN-CDROM's effort in cultural archives and distribution. TriChlor reply, as relayed and represented by CB, was: * If the distribution is free, its software can be included * If the distribution is not free, and software based on other VCCS were to be include, its software cannot be included. CDROM reply, as stated by Truc Hoang, was: * VN-CDROM will abide by the language in TriChlor copyright notices, and their legal interpretation * As a courtesy gesture, VN-CDROM will refrain from including software from TriChlor where its author express explicit disapproval. In this case, this will be treated as individual refusal, and NOT refusal from TriChlor because there is NO legal bound by TriChlor to prevent the non-commercial distribution of its software. TriChlor response: None. After the CDROM was burned, an individual from TriChlor, presumably speaking on behalf of TriChlor, allege wrong-doing by VN-CDROM. TriChlor members involved in helping VN-CDROM resigned from TriChlor in protest and in refusal to be part of legal threat against VN-CDROM.

Facts Pertaining to Suggestions by TriChlor

At personal investment of $3000 by Truc Hoang, founder of VN-CDROM, the choice of free distribution is impractical, and there is no question that the group can not allow so great a financial sacrifice on the part of an individual for community good. The language specifed in the copyright notice in TriChlor software allows distribution without personal or commercial gain.

Issues in the Decision to include TriChlor Software

Should VN-CDROM conform or abide to personal will or policy and agenda of a particular organization? The question is an unequivocal NO. Doing so when legal framework supports choices to the contrary is a dangerous precedent. Doing so constitutes implicit endorsement and enforcement of a particular unfair discriminative policy. VN-CDROM pursues single-mindedly its objective of preserving and promoting products of cultural merits. It will do so within existing legal framework, and will perform its objectives indiscriminately and fairly. It will not abide or conform to particular agendas of any individual organ- ization. It will not serve any single entity but the collective VietNamese community.

Recommendations

TriChlor and individual authors of TriChlor clarify the language concerning the distribution of TriChlor software to prevent further misinterpretation. As long as the language allows distribution without commercial profit, VN- CDROM will continue to distribute its software in observance of the stated language.
Best Wishes.
VN-CDROM, Non-Profit Joint Effort of Many VietNamese for Community Enpowerment. All Participation and Contribution are Welcome and Encouraged. This merging of common vision and shared ideals would not have been possible without the support and participation of individuals and representation of the following organizations/groups: Lasan Mailing List, Motorola Viet Mailing List, TLSoft, TriChlor Authors, UJVF, VACETS, VietNamese Professional Society