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Newsgroups: comp.unix.bsd Path: sserve!manuel!munnari.oz.au!uunet!unislc!erc From: erc@unislc.uucp (Ed Carp) Subject: Re: Catch What They're Saying About Us... X-Newsreader: TIN [version 1.1 PL6] References: <Sep.26.02.07.48.1992.16929@athos.rutgers.edu> Message-ID: <1992Oct1.032932.6773@unislc.uucp> Organization: Unisys Corporation SLC Date: Thu, 1 Oct 1992 03:29:32 GMT Lines: 32 Charles Hedrick (hedrick@athos.rutgers.edu) wrote: : terry@spcvxb.spc.edu (Terry Kennedy, Operations Mgr.) writes: : : > You repeatedly attempt to disassociate yourselves from this suit. I wonder : >why? Surely you realize that if a verdict is reached that Net-2 contains USL : >proprietary material, you will have to cease distributing 386BSD? : : While this is certainly a logical view, it may not be true. I asked : one of our faculty, who is a lawyer with some knowledge of : intellectual property issues, to look at the complaint and a copy of : our ATT license. He thinks the suit is going to turn on how the : courts interpret the details of the relationship between ATT and : Berkeley. It is not impossible that BSDI could end up being : prohibited from using BSD, but that non-commercial BSD-based software : would be unaffected. I thought the theory that would lead to this was : pretty bizarre. But so far the evidence suggests that when lawyers : get involved in software, anything is possible (except bug-free code). Not to flame Charles, but I find it hard to believe that if the courts find that the NET-2 distribution *does* contain AT&T proprietary code, that they will not issue a "cease and desist" order prohibiting UCB from distributing the NET-2 code. The issue of whether or not derivitives of NET-2 are "non-commercial" or not is irrelevent. I don't agree with your friend on his interpretation - but what you or your friend or I or Bill Jolitz feel about the issue is irrelevent, too. What the judge says is the only relevent issue. -- Ed Carp, N7EKG erc@apple.com 801/538-0177 "This is the final task I will ever give you, and it goes on forever. Act happy, feel happy, be happy, without a reason in the world. Then you can love, and do what you will." -- Dan Millman, "Way Of The Peaceful Warrior"