Re: Insteon Review

[Ralph <no-spam@xxxxxxxxxxxx>]

Dave Houston wrote:
> Betaatsmarthomedotcom@xxxxxxxxxxxx wrote:
>
>
>>Dave Houston wrote:
>>
>>>Given the terms of the Insteon SDK license, I did not buy it. I would have
>>>liked to use the PC interface to create some more rigorous tests but the
>>>license would prevent me from publishing any results. :(
>>
>>The license terms of the SDK does not prevent one from publishing their
>>results, findings, or efforts with the SDK kit.  Try it, use it, talk
>>about it.
>
>
> The hell it doesn't.
>
> <quote>
> 3.	CONFIDENTIALITY. The Kit and all related information are confidential
> and proprietary to SMARTHOME. You agree not to disclose any information
> relating to the Kit (including without limitation the results of use or
> testing) to any third party without SMARTHOME?s prior written permission.
> Unauthorized use or disclosure of such information would cause irreparable
> harm and significant injury to SMARTHOME that would be difficult to
> ascertain or quantify; accordingly you agree that SMARTHOME shall have the
> right to obtain injunctive or other equitable relief to enforce the terms of
> this Agreement without limiting any other rights or remedies.
> </quote>
>
> The above is a direct quote from the license and would appear to be legally
> binding whereas the postings here or elsewhere of some anonymous person who
> claims to represent SmartHome and who may or may not be authorized to speak
> for SmartHome on this topic are not.
>
> If you really mean it, change the terms of the license to allow
> dissemination of test results.
>
>
>>The only restrictions are on the publishing for sale software developed
>>with the aid of the kit.  Smarthome has made a short FAQ about this
>>subject....
>>
>>Will I be able to sell the product(s) I develop with the developer's
>>kit?
>>
>>Yes, you will be able to sell your software product(s) developed from
>>the INSTEON software Developers kit.  Prior to offering for sale, you
>>must submit the product to Smarthome for INSTEON compatibility testing
>>and INSTEON certification.  This is a free sevice that Smarthome
>>provide to insure the software complies with proper Instoen protocals.
>>Once you are at a stage where the product can be tested contact Bob
>>Cusey (bobs email goes here).
>>
>>
>>How do I sell my software or hardware I created using the developer's
>>kits?
>>
>>Once the product passes compatibility testing, you sell the software
>>and/or hardware through any distribution channels.  Additionally, the
>>product may also be submitted to Smarthome category managers for
>>consideration to distribute through Smarthome web and catalog channels.
>
>
> Who, in their right mind, would spend weeks or months developing and testing
> application software or Insteon hardware when you will have the right to
> prohibit them from selling it?
>
> I would assume that since you've designed the hardware and API that it would
> be nearly impossible to create anything that was incompatible.
>
> So far, I like the Insteon technology. It appears to work as advertised. But
> I won't buy the SDK or waste my time developing anything under the terms of
> your license. I doubt that anyone who consults their attorney will do so
> either.

We're having the same issues with this license as Dave Houston, in
particular the actual license is much more restrictive than the quoted
paragraph:

<<
The distribution and commercialization of any INSTEON logo
enabled/compatible applications and/or products developed by you will be
required to pass certification testing and be subject to the terms of a
separately executed agreement between you and SMARTHOME.
 >>

This is saying that applications to be sold must be according to the
terms of an agreement that Smarthome writes, otherwise you cannot sell
them with the Insteon label, or maybe at all. So what's to prevent
Smarthome from charging a substantial license fee for every copy sold?
This is really completely open ended.

We have no problem with a compatibility suite test, but aren't quite
ready to sign a blank check.