*BSD News Article 27070


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From: dfishman@netcom.com (Dan Fishman)
Subject: Re: USL vs. BSDI Lawsuit Settled
Message-ID: <dfishmanCKuz3w.Ar5@netcom.com>
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Date: Mon, 7 Feb 1994 14:33:31 GMT
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Rob Kolstad (kolstad@BSDI.COM) wrote:
: We are delighted to announce that the USL vs. BSDI lawsuit was settled on
: Friday, February 4, 1994.  The text of the joint press release reads:

:     UNIX System Laboratories, Inc./Novell Corporation ("Novell") and
:     Berkeley Software Design, Inc. ("BSDI") announce the settlement of
:     litigation based upon BSDI's distribution of its computer software
:     product known as BSD/386.

:     BSDI has agreed to substitute a port of the University of
:     California's forthcoming new release to be known as 4.4 BSD(Lite)
:     for BSD/386.  For a limited period of time, BSDI may continue to
:     distribute its BSD/386 product, although certain portions of the
:     code may be distributed in binary form.

:     All other terms of the settlement are confidential.

: All legal disagreements, suits, and countersuits have been resolved.

: The announcement of UCB's settlement with USL enables us to begin the
: integration of 4.4(Lite) immediately.  Additionally, engineers will be
: completing the SCO binary emulation mode and completing the port of BSDI's
: operating system to the SPARC architecture.

: BSDI's 1.1 release will ship in about a week:  February 14, 1994.

: We are delighted to have resolved our disagreements with USL and look
: forward to a successful 1.1 product shipment and a bright future devoting
: our full attention to our product and our customers.

: 					Rob Kolstad
: 					President, BSDI

:    ====================================================================
:          /\      Rob Kolstad           Berkeley Software Design, Inc. 
:       /\/  \     kolstad@bsdi.com      7759 Delmonico Drive
:      / /    \    719-593-9445          Colorado Springs, CO  80919
:    ====================================================================

Congrads to both sides.  Just a reminder to many who posted over the past year
or so.  At one time discussion of this lawsuit was the hottest topic for
many a flame war.  Several were pointing to this suit as THE PRIME example
of why law and software don't mix.  The sky was going to fall.  No programmer
who knew how to spell UNIX would ever be able to find employment again!

I'm glad to see this one settled for all parties.  But let's remember next
time... you should read the claims on patents, you should NOT read the
allegations and prayers for relief in a complaint unless you have a
strong stomach, thick skin, and an understanding that in law as in many
negotiating scenarios... you ask for more than you expect to get, then
settle for something reasonable.

Congrad to both sides.

-- 
Dan Fishman (dfishman@netcom.com) (303) 449-9497/469-6469 (Fax) (303) 465-4396