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From: merlin@neuro.usc.edu (merlin)
Newsgroups: comp.unix.bsd
Subject: Re: AT&T vs. BSDI --> 4.3BSD-NET2 distribution requires AT&T license!!!
Date: 24 Jul 1992 04:54:07 -0700
Organization: University of Southern California, Los Angeles, CA
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Sender: merlin@neuro.usc.edu (merlin)
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References: <1992Jul21.104627.3353@mel.dit.csiro.au> <1992Jul21.131433.16450@ntuix.ntu.ac.sg> <2cHS02Pi1bvx01@JUTS.ccc.amdahl.com>
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In article <> gab10@griffincd.amdahl.com (Gary A Browning) writes:
>Personally, I think AT&T is just trying to put BSDI out of bussiness.
>They must know that BSDI is not capable of funding major legal battles
>at this stage in its development.
Don't be so certain BSDI can't fund the necessary legal battle at this
stage in its development. I received a note from Kolstad today which
suggests they have the requisite resources to respond to the attack by
AT&T. The litigation expense is certainly a significant item on their
balance sheet; but, no one (particularly not AT&T) should believe for
a moment that BSDI is not committed and able to effectively respond to
the points raised in the AT&T complaint and actually win this lawsuit.
Nevertheless, I believe BSDI could certainly use any assistance which
might be offered by the readers of this newsgroup. Some suggestions:
o The people reading this newsgroup with purchasing authority (or
influence on purchasing decisions) may make a major contribution
the the strength of the BSDI effort by acquiring a copy of the
BSDI BSD/386 system and contracting for BSDI support.
o Perhaps as more academic, commercial, and government business
is captured by BSDI's BSD/386 product (and consequently taken
diverted from USL and other AT&T UNIX vendors) AT&T will come
to rue the day they filed suit against this particular company.
o People with access to University General Counsel or access to
lawschool professors with both intellectual property expertise
and a good background in computer science might encourage the
preparation of "amicus curiae briefs" (friends of the court) on
behalf of our side of the AT&T vs BSDI case.
o Perhaps if more university (and corporate and/or government)
general counsel show very serious interest in this case (to
give the implicit message that this is not just BSDI versus
AT&T in a private matter -- but a case concerning the public)
then a more carefully crafted judicial decision is likely.
o Of course, any offer of legal assistance in this case would
be most effective if coordinated with BSDI's legal staff.
o The rest of us could individually write (and perhaps encourage
our students and professional colleagues to write) letters of
complaint to the CEO and Chairman of the Board of Directors of
AT&T expressing sincere concern and disappointment (outrage ?)
about AT&T's unwarrented attack on BSDI & claims of intellectual
property rights in the UC Regents CSRG 4.3BSD-NET2 distribution.
o Domestic and international letters should be addressed to:
o Mr. Robert E. Allen
Chief Executive Officer and
Chairman of the Board of Directors
American Telephone & Telegraph
32 Avenue of the Americas
New York, NY 10013
o Marking the envelope 'CONFIDENTIAL -- ADDRESSEE ONLY'
will probably pass it through the first few levels of
screening before it is even opened -- and then it may
be opened by someone with better access to Mr. Allen.
o In particular, these letters should point out that while AT&T
may have a trademark on the term UNIX, virtually every facility
which makes UNIX valuable today was invented and field tested
in the academic versions of 'Berkeley UNIX' long before similar
facilities were incorporated into any AT&T product. AT&T has
merely copied, adapted, or redeveloped most of the facilities
originally invented in academia which have come to be known as
the modern form of the UNIX operating system.
o These letters should also point out that the release notes for
the public releases of 4.3BSD-NET1 (June 1988) and 4.3BSD-NET2
distributions clearly state that they contain no code licensed
by AT&T or others -- instead, the code is owned by the Regents
of the University of California -- and the code may be used by
anyone for any purpose as long as due credit is given to the
University and the University copyright notices are retained.
o AT&T has, of course, been well aware of the NET1 and NET2
distributions and has never previously suggested AT&T had
any intellectual property interest in these source codes.
o Finally, I would suggest the letters should point out that it
is inappropriate for a publically held corporation to attempt
to eliminate a legitimate competitor by exerting financial
pressure on that competitor in the form of a costly lawsuit
claiming AT&T has some intellectual property right in source
codes which have been freely distributed and used in several
books, courses, and other software products since June 1988.
Given recent feedback from several well known people on the net I am now
convinced BSDI has an extremely good case which should enable them to win
on the merits of the questions raised by AT&T in court.
However, I believe it is in our collective interest to do what is possible
to make certain AT&T, the Court, and BSDI are well aware of our support and
interest in BSDI's position in this matter. The serious consequences of an
adverse decision in this case make it very important that each of us
individually make an effort to provide BSDI the very best opportunity to
defeat the AT&T 'Death Star.' To simply stand by and wait for a hopefully
favorable outcome is to risk domination by the AT&T 'Empire' of operating
system software development, availability, and cost into the next century.
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Alexander-James Annala
Principal Investigator
Neuroscience Image Analysis Network
HEDCO Neuroscience Building, Fifth Floor
University of Southern California
University Park
Los Angeles, CA 90089-2520
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