*BSD News Article 10035


Return to BSD News archive

Received: by minnie.vk1xwt.ampr.org with NNTP
	id AA7085 ; Mon, 18 Jan 93 10:47:15 EST
Xref: sserve comp.org.eff.talk:11657 comp.unix.bsd:10092 comp.unix.wizards:28247 comp.org.usenix:3110
Path: sserve!manuel.anu.edu.au!munnari.oz.au!uunet!elroy.jpl.nasa.gov!decwrl!pa.dec.com!weir.pa.dec.com!ed
From: ed@weir.pa.dec.com (Ed Gould)
Newsgroups: comp.org.eff.talk,comp.unix.bsd,comp.unix.wizards,comp.org.usenix
Subject: Re: BSDI/USL Lawsuit -- More Bad News for Human Beings...
Date: 18 Jan 1993 06:22:47 GMT
Organization: DEC Network Systems Lab, Palo Alto
Lines: 73
Distribution: inet
Message-ID: <1jdibnINN52u@usenet.pa.dec.com>
References: <1jd307INNlf6@chnews.intel.com> <C0yK27.9Ly@csn.org> <1ja6bgINNh23@chnews.intel.com> <BZS.93Jan16205935@world.std.com>
Reply-To: ed@pa.dec.com
NNTP-Posting-Host: weir.pa.dec.com

[Houghton]
> I'd find it hard to believe that copyright bugs weren't
> apparent in every element of the packaging and installed
> files of 32V when the license for it was signed; if they
> weren't then AT&T's lawyers probably have some excruciating
> explaining to do to the shareholders.

[Shein]
>> or perhaps because they purposely did not copyright
>> it for other strategic reasons (which perhaps now they regret)?

The copyright notices were *removed* from a previous version (I no
longer remember just which, but I expect it was 5th Edition) before it
was released outside AT&T.  This removal was at the explicit direction
of the lawyers, who, at the time, believed that under then-current
copyrught law they could not claim both copyright protection *and*
trade secret protection for the work.  At the time, they wanted to
protect UNIX as their trade secret.

Whether the 32/V release is protected by copyright is one of the
primary issues in the case.  As I understand things, it hinges on the
technical definition of "publication."  USL claims that 32/V (and
other systems that they released at that time) were not published
works, hence they were not covered by the copyright law at the time.
This is particularly important, because the law then said that, in
order to claim copyright, the work must be marked as copyrighted.
Current law does not have this requirement; USL has recently (since
the bringing of the suit against BSDI) filed a copyright registration
for 32/V.

> I'm all for intellectual property, but ...

Could you be clear about what you mean by "intellectual property?"  I
suspect you have an understanding of the concept that is different
from the legal meaning.

> THEY'LL NEVER GET THE SETUID-BIT!!! NEVER!!!
> 
> (They can't.  It's PD.  Thanks, Dennis. :-))

If by "PD" you mean "Public Domain," then no, it's not.  The set-uid
bit is protected by a United States patent.  It happens that the owner
of the patent (AT&T, not DMR, for all practical purposes), has decided
to "let" the patent, which means, effectively, that they grant a
royalty-free license, without application, to anyone who chooses to
use it.

"Public Domain" is probably the most mis-used phrase on the net.
Nearly nothing whose author is still alive is legally in the public
domain.  This doesn't mean that there aren't things that are freely
distributable, but that's not a synonem for public domain.

> And C) Did this copying somehow violate the terms of the
> original license?

The "original license" protected UNIX solely on trade secret grounds.
I have heard tell of a legal analysis (but never talked to any of the
lawyers who did the analysis) that described the trade secret status
of UNIX thusly.  IF the case were ever to go to court, the defense
would call as witness, someone from the plaintiff (USL, perhaps, in
this case) and ask, "How many people, outside your organization, know
this `secret'?"  The answer would be something like, "Oh, maybe
100,000 or so."  IF that weren't sufficient for the judge to throw out
the claim of a secret, the second question would be, "What secrets
remain after the publication of Bach's book, the publication of which
was approved by you?"  The only truthful answer to this question is,
"None."

--
Ed Gould	  ed@pa.dec.com		Digital Equipment Corporation
+1 415 688 1309	  Network Systems Lab	181 Lytton Ave, Palo Alto, CA  94301

"Unison is only one form of harmony." -- LW