*BSD News Article 8955


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From: jkp@cs.HUT.FI (Jyrki Kuoppala)
Subject: Re: AT&T/USL CD-ROM Review Process
In-Reply-To: terry@cs.weber.edu (A Wizard of Earth C)
Message-ID: <1992Dec15.223317.158@nntp.hut.fi>
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Reply-To: jkp@cs.HUT.FI (Jyrki Kuoppala)
Organization: Helsinki University of Technology, Finland
References: <1ge0aaINNm4d@neuro.usc.edu> <1992Dec13.165418.5021@sbcs.sunysb.edu> <1992Dec13.183240.23944@blaze.cs.jhu.edu> <1992Dec14.165913.6896@fcom.cc.utah.edu>
Date: Tue, 15 Dec 1992 22:33:17 GMT
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In article <1992Dec14.165913.6896@fcom.cc.utah.edu>, terry@cs (A Wizard of Earth C) writes:
>Second, Linux is arguably more like SVR3 (and by extension SVR4) than
>386BSD; this, I believe, puts it in more danger of censure.  The thing
>that has protected Linux so far is its international (non-US) origin.
>This is not something USL has to worry about forever, it's simply an
>inconvenience to prosecution, not a barrier.  If a judgement were given
>regarding copyright infringement by Linux against USL's materials, it
>wouldn't matter that the judgement occurred in the US; Linus' government
>would be forced by the Berne convention to uphold the judgement.

Is this really so?  I don't think so, but what do I know.  First, I
think Berne is much more limited than the current trend of the U.S.
application of copyright laws to just about anything.  Second, as
Linux's country of origin is Finland I think it would be the Finnish
laws that would apply, not U.S.

>I think a company pressing a CDROM in the US would provide a convenient
>(and less expensive for USL) target of prosecution for such infringment,
>and thus perhaps provide a vehicle for establishing an anti-Linux
>judgement.  A CDROM publisher is a hell of a lot more likely to plead
>_nolo_contendre_ (no contest) in return for limited damage claims.

But how would this stop distribution of Linux?  Perhaps in USA, but
elsewhere?

//Jyrki