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Path: sserve!manuel!munnari.oz.au!uunet!zaphod.mps.ohio-state.edu!wupost!usc!news 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 05:19:08 -0700 Organization: University of Southern California, Los Angeles, CA Lines: 119 Sender: merlin@neuro.usc.edu (merlin) Message-ID: <l6vt9sINN93u@neuro.usc.edu> References: <1992Jul21.131433.16450@ntuix.ntu.ac.sg> <2cHS02Pi1bvx01@JUTS.ccc.amdahl.com> <l6vrqvINN91g@neuro.usc.edu> NNTP-Posting-Host: neuro.usc.edu 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 Telephone: (212)387-5400 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. ------------------------------------------------------------------------------ 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 ------------------------------------------------------------------------------