I have another take.  This license agreement was created before the recent 
Supreme Court ruling on things like this.  I believe the new ruling lets us do 
whatever we want with the hardware.  

However if they are still using UBNT boot loaders or other software elements, 
then I would agree that the license would prevent.

I was one of those that poked Canopy memory locations.  Never got a lawyer 
call.  But I never got it to survive a reboot either.  

From: Jeremy 
Sent: Wednesday, August 15, 2018 5:26 AM
To: AnimalFarm Microwave Users Group 
Subject: Re: [AFMUG] [WISPA Members] Dear WISPA...

Read the licensing agreement on both provider's radios.  You will find that 
UBNT we're well within their right to sue, and I am honestly surprised that it 
did not happen sooner.  The attitude of 'I own it, and can do what I want with 
it', doesn't hold up according to both of their licensing agreements.   

You may recall when vendors and customers were changing a couple of hexadecimal 
digits in order to turn Canopy SMs into APs.  As I recall, this went on for a 
long time, and only stopped because Cambium sent their lawyers after everyone 
involved. 

This issue is pretty cut and dry, and UBNT are well within their rights on 
this, and will almost certainly prevail in this lawsuit.

On Wed, Aug 15, 2018, 5:34 PM Sean Heskett <[email protected]> wrote:

  Chuck, 

  Thank you for your response and thank you for the board looking into the 
matter.  Yes an ultimatum is an extreme position but I didn't start this, 
Ubiquiti did.  

  This is an extremely serious matter for all the members so i decided to 
scream loudly and publicly, i'm not a politician, just a business owner that 
sees our industry under attack.  We are a service provider association, not a 
vendor association and we are nice enough to let vendors into our group and 
give them access to our members.  I know they also supply some much needed 
funding for WISPA, but it's a two way street and the association should be 
EXTREMELY concerned when a vendor sues it's own customer.  Yes it will be tried 
in a court of law but that doesn't mean WISPA can't also take action.

  I'm not trying to cause a division, ubiquiti is at fault for that.  I'm just 
raising alarm bells that they are attacking us, their customers.

  I look forward to the board's response.  

  On Wed, Aug 15, 2018 at 10:44 AM, Chuck Hogg <[email protected]> 
wrote:

    Sean,



    When I joined WISPA, it was for many of the same reasons you joined. I 
loved the community, wanted to be a part of it, and wanted to ensure that 
everyone in the WISP industry is given a fair shake.



    I appreciate you raising this issue, although I wish you would have called 
me or another WISPA board member before giving WISPA an ultimatum on the 
members’ listserv. I’m concerned that your approach stokes division and 
argument, rather than unity.



    Like you, I'm sad that these WISPA members have been unable to work out the 
issues between them and have resorted to duking it out in court. I hate to see 
little guys get caught up in this mess. But as others have said, we have no 
idea at this time whether the allegations are true or false. They're just 
allegations at this point.



    Nonetheless, these are serious issues, and you've asked the board to act. 
We will of course consider your request, meaning we will gather what 
information we can and determine whether and when we can make an informed and 
meaningful decision.



    Please feel free to reach out to us directly as this case continues to 
unfold.




    Regards,

    Chuck








    On Tue, Aug 14, 2018 at 2:46 PM Sean Heskett <[email protected]> wrote:

      An Open Letter to WISPA, the Board of Directors and all WISPA members. 

      Our industry and indeed WISPA itself if founded on the bedrock of helping 
one another to further our industry and our businesses.  This group is a 
dedicated, committed group of IT cowboys that try their hardest to get things 
done and move forward.  When one of our members suffers or has difficulty, we 
are all there to stand with them and provide whatever help necessary.  When 
disaster strikes we jump in and help as in the case of several hurricanes and 
bad storms over the years.  We also actively strive to help each other solve 
difficult problems whether it be configuring a server, securing financing, 
finding the best hardware solution to solve a problem or any other myriad of 
issues our businesses face the members of WISPA are there to help!  I joined 
WISPA because I felt it was a great thing for me and my business and I want to 
support WISPA anyway I can, however our membership is being attacked from 
within and I call on the board to take corrective action immediately and 
forcefully!  

      Ubiquiti Networks has recently sued Cambium as well as Blip Networks (a 
fellow WISP), Winncom Technologies (a WISPA vendor), Sakid Ahmed (Cambium VP of 
engineering) and Dmitry Moiseev (project engineer at Cambium) over Cambiums 
“Elevate technology”.  I’ve attached the legal complaint so you can read all 
the details yourself.  Basically the group is accused of “hacking” ubiquiti 
equipment by loading a different operating system and user interface on 
Ubiquiti subscriber radios so that they interoperate with Cambium ePMP access 
points.  This is no different than someone loading windows on a Mac, or vise 
versa someone building a Hackintosh out of PC parts and loading MacOS on it.  
Or more to the point someone loading DD-WART on a linksys WiFi router.  
However, regardless of the merits of the complaint, what Ubiquiti is doing is a 
clear violation of everything that WISPA stands for!  

      I’ve also attached the WISPA mission statement, Goals, Code of ethics, 
and Article 8 of the By Laws.  Ubiquiti is in clear violation of all these 
sections and I hear by call on the board to terminate Ubiquiti’s membership in 
WISPA.  A HOUSE DIVIDED CANNOT STAND!  We must get rid of any bad actors 
amongst us so that we can continue to accomplish everything WISPA stands for.

      IT IS EXTREMELY UNNERVING TO SEE UBIQUITI SUE ONE OF OUR FELLOW WISPS.  
What kind of business actively sues it's own customers?  Who will be next?  Our 
businesses are too small to be forced to defend ourselves from this bad actor 
in our organization.  I fear that any one of us could be next on the chopping 
block and i’ve invested way too much time, energy, sweat blood and tears to see 
my business or a fellow WISP attached by a wall street company with deep 
pockets that can sue us out of existence.  

      I hope the rest of the membership will join in signing this letter and 
that the board will remove Ubiquiti from our organization and send a message 
that we will not put up with this kind of business ethics.  If the board is 
unwilling to remove Ubiquiti then I will be forced to remove myself and my 
company from WISPA because this is not what we stand for.


      VERY DISGUSTED,

      Sean Heskett

      ZIRKEL Wireless 
      High-Speed Internet for NW Colorado
      970-871-8500 x100 - Office
      970-846-8065 - mobile


      
*******************************************************************************************************

      MISSION AND GOALS
      http://www.wispa.org/About-Us/Mission-and-Goals

      MISSION STATEMENT:

      WISPA works to promote the development, advancement and unification of 
the wireless Internet service provider industry.

      WISPA GOALS:


      • Encourage Congress and the FCC to write laws that support the survival 
and success of community-based wireless Internet service providers (WISPs).

      • Provide online technical forums that enable and encourage the sharing 
and exchange of information between all the members of the WISP community.

      • Demystify government rules and regulations.

      • Publicize, promote, demonstrate and maintain a Code of Ethical Business 
Practices.

      • Promote and support industry-wide communication, coordination and 
cooperation between local WISP organizations, national WISP organizations, 
community wireless organizations and wireless industry vendors.


      
*******************************************************************************************************


      CODE OF ETHICS
      https://www.wispa.org/About-Us/Policies/Code-of-Ethics
      ARTICLE III

      We will publicize our services in a professional manner upholding the 
dignity of our profession. We will avoid all conduct, practices and promotion 
likely to discredit or do injury to our field of endeavor.

      ARTICLE V

      In keeping with this dedication to principle, the members of the 
Association have further pledged to:


      • Follow through and complete any agreement made verbally or otherwise to 
either another member of the Association or to any client or prospective client.

      • Deal fairly with the public and with fellow professionals, giving due 
respect to the rights and legitimate interests of others.

      • Respect the rights of the owners of intellectual properties.

      • Not knowingly disseminate false or misleading information and shall act 
promptly to correct erroneous communications for which they are responsible.

      • Use proper diligence to ensure that all materials on their networks are 
restricted in accordance with applicable laws, regulations and the tenets of 
reasonable precaution.

      • Not disparage other members by statement or innuendo to clients or 
prospective clients.

      • Respond to any complaint or violations filed with the Association and 
participate in all processes and procedures of the Association with respect to 
that complaint.


      
*******************************************************************************************************


      By Laws
      http://www.wispa.org/About-Us/Policies/Bylaws

      By Laws Article 8

      8.6.       Termination of Membership. A Member’s Membership will 
terminate upon the occurrence of any of the following events:

      8.6.1.         The Member provides written notice to the Board that the 
Member is resigning from WISPA;

      8.6.2.         The Member dissolves or ceases to transact the business 
that qualified the Member for WISPA Membership;

      8.6.3.         The Member’s Membership expires, unless the Membership is 
renewed on terms fixed by the Board;

      8.6.4.         The Member fails to pay dues, fees or assessments within 
ten (10) days after they become due and payable pursuant to the decision of the 
Board; or

      8.6.5.         The Board terminates the Member’s Membership.

      8.7.       The Board may terminate the Member’s Membership if the Board 
finds that a Member has materially breached these Amended Bylaws or any rule of 
conduct applicable to WISPA Membership or has otherwise engaged in conduct 
materially prejudicial to the purposes and interests of WISPA. The Board will 
abide by the following procedures to terminate a Member:

      8.7.1.         The Secretary will give the Member a notice specifying the 
Board’s intent to terminate the Member’s Membership fifteen (15) days prior to 
the proposed date of termination. The notice will explain the reasons for the 
proposed termination.

      8.7.2.         The Member may respond to the notice within ten (10) days 
after the notice is sent. The Member’s response will be in writing or at a 
meeting of the Board, as the Board may determine.

      8.7.3.         No less than fifteen (15) days after the Secretary sends 
the notice, the Board, or a committee of the Board, will decide whether to 
terminate the Member’s Membership.



      _______________________________________________
      Members mailing list
      [email protected]
      http://lists.wispa.org/mailman/listinfo/members

    -- 

    Regards, 
    Chuck

    _______________________________________________
    Members mailing list
    [email protected]
    http://lists.wispa.org/mailman/listinfo/members



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