*BSD News Article 10509


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	id AA222 ; Fri, 29 Jan 93 17:01:00 EST
Newsgroups: comp.unix.bsd
Path: sserve!manuel.anu.edu.au!munnari.oz.au!spool.mu.edu!uunet!sci34hub!gary
From: gary@sci34hub.sci.com (Gary Heston)
Subject: Re: BSDI/USL Lawsuit -- More Bad News for Human Beings...
Message-ID: <1993Jan28.184551.22515@sci34hub.sci.com>
Reply-To: gary@sci34hub.sci.com (Gary Heston)
Organization: SCI Systems, Inc., Huntsville, Al.
References: <1993Jan22.005910.9864@choate.edu> <1993Jan28.050526.22773@unislc.uucp>
Date: Thu, 28 Jan 1993 18:45:51 GMT
Lines: 31

In article <1993Jan28.050526.22773@unislc.uucp> erc@unislc.uucp (Ed Carp) writes:
>Thor Lancelot Simon (lancelot@spock.uucp) wrote:

   [ has had source access, but... ]
>: I'm a minor.  So I'm not bound by any contractual obligation, to AT&T or anyone
>: else.  If USL is still working on the trade-secret angle in their lawsuit, I
>: or others like me will, once we hit the mainstream of the computer industry,
>: be exactly the type of legal conduit for information that removes trade-secret
>: protection.  I doubt that USL has the legal resources to fight with the common
>: law...

I doubt Thor has a clue as to the pigheadedness of AT&T/USLs' legal staff,
and their willingness to squander millions trying to ruin someone on the
other side of a lawsuit. Common law won't stand a chance without $10 million
or so to support it.

>The problem with that is that whoever gave you access to the source can be sued
>(and successfully, I might add) for giving you such access, because you are not
>an adult, and cannot enter into a legal binding contract - this is a clear
>violation of the AT&T licensing agreement.

Based on this rational, AT&T/USL shouldn't have issued a source license
to a educational institution; virtually every student falls under the 
classification of "minor". Unless the agreement specifically prohibited 
access by students, that's tacit approval of a non-enforcable situation.
I'm sure the schools' lawyers would have a field day with that...

-- 
Gary Heston    SCI Systems, Inc.  gary@sci34hub.sci.com   site admin
The Chairman of the Board and the CFO speak for SCI. I'm neither.
Windows NT documentation: "Command to change password    CTL-ALT-DEL"