*BSD News Article 3432


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Path: sserve!manuel!munnari.oz.au!uunet!cis.ohio-state.edu!ucbvax!virtualnews.nyu.edu!brnstnd
From: brnstnd@nyu.edu (D. J. Bernstein)
Newsgroups: comp.unix.bsd
Subject: Re: AT&T sues BSDI & Our Retaliation
Message-ID: <21557.Aug1119.27.5092@virtualnews.nyu.edu>
Date: 11 Aug 92 19:27:50 GMT
References: <1992Aug5.224337.6733@cirrus.com> <1992Aug10.225150.29474@unislc.uucp>
Organization: IR
Lines: 25

In article <1992Aug10.225150.29474@unislc.uucp> erc@unislc.uucp (Ed Carp) writes:
> As to your theory that there is no enforceable contract without
> "consideration", that's all it is - a theory.
> Current US jurisprudence doesn't support this.

False. First of all, it's an issue of state law. Second, in most states
(including, for example, New York), a contract is not enforceable
without consideration. This is where the ``$1 for your house'' started.

> For example, if I release code out onto the net and place a copyright notice
> on it, that constitutes a valid contract between myself and whoever gets the
> code.

False. There is no contract. A copyright notice is simply that---a
*notice* of existing rights. You can waive your rights, e.g., by placing
the code into the public domain, but there's still no contract. This is
a matter of Federal law.

> the issue is whether BSDI is infringing on AT&T's copyright by distributing
> what AT&T claims is its "intellectual property" covered by copyright law.

Almost. The issue is whether BSDI is infringing on AT&T's copyright by
distributing what *a judge thinks* is AT&T's property.

---Dan