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Newsgroups: comp.unix.bsd Path: sserve!manuel!munnari.oz.au!uunet!haven.umd.edu!darwin.sura.net!ftlsw.telematics.com!ted From: ted@telematics.com (Ted Goldblatt) Subject: USL's claims to "intellectual property" Message-ID: <1992Aug13.191858.18970@telematics.com> Sender: root@telematics.com Nntp-Posting-Host: sirius.ftlsw.telematics.com Organization: Telematics Intl., Inc.; Ft. Lauderdale, FL Date: Thu, 13 Aug 1992 19:18:58 GMT Lines: 69 (ObDisclaimer: I'm no lawyer, and don't even play one :-)) The way _I_ read the complaint and intellectual property law (which is sort of haphazardly), USL could be claiming any of 3 things (or a combination): 1. Net2 contains code that makes use of ideas or techniques that, while not patented by USL, are treated by USL as trade secrets (provided to source licensees with usage and control restrictions), and in revealing these, CSRG violated the license. I would think that the number and depth of articles and books about Un*x internals, as well as the sheer number of source licenses and relative lack of control over them would make a trade secret argument untenable. Certainly I wouldn't think that there would be any inovative techniques in V32 that hadn't been published by now. 2. Net2 contains code directly lifted from (some rev of) Un*x, or code that had only been cosmetically altered from actual USL code. This is a judgement call area. Incrementing a variable named "i" will look like "i++", no matter who writes it. For larger chunks of code (and for "cosmetic" rewrites), the questions are "for the given task, is the (practical or reasonable) solution space constrained sufficiently that 2 alternative implementations will always end up similar" and "what is similar". Depending on the competence (and biases :-)) of the reviewers, there could be calls either way here, but if I were USL, I wouldn't depend on this. (Admittedly, I haven't seen either peice of code, so take that bold pronouncement as you will.) 3. This (potential) claim would depend on USL's ability to treat all of V32 as a single copyrighted entity. The argument then could be that at each step of derivation, from V32 through BSD4.4 (including such side ventures as Net2), _all_ of the code (including that wholey written by CSRG or others) becomes a derived work of V32 by virtue(?) of its incorporation into something that is admittedly a derived work (or at least, that items that are replacements for items in V32 (the brick-by-brick argument) would fall into this category). and further, that this code doesn't lose its status as a derived work simply by virtue of having been "un-incorporated" as a separate entity. (Whew, that was a long sentence) This one is ugly. Unfortunately, it is purely a legal argument, based on interpretation of copyright rules, and therefore cannot (easily) be challenged on technical or other "merit" grounds. It would, however, let off the hook any Un*x-alikes that are not descendents of BSD (e.g., Linux, at least exclusive of any Net2 based add-ons). What it would mean for Net1, which seems (on the surface) to be totally free from any ATT/USL heritage is not clear. It seems likely that if the laws _could_ be interpretted this way, USL would try this. All of this does seem to argue against academia and others who are interested in free distribution of research and results from getting involved with "protected" code, since the "black box" approaches used in industry for reverse engineering are probably too expensive and provide too little benefit to be worth while. ted -- Ted Goldblatt ted@telematics.com (305) 351-4367 Telematics Intl., Inc. Ft. Lauderdale, FL