*BSD News Article 5854


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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"