*BSD News Article 9968


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From: dfishman@teal.csn.org (Dan Fishman)
Subject: Re: BSDI/USL Lawsuit -- More Bad News for Human Beings...
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Date: Sat, 16 Jan 1993 17:46:49 GMT
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A comment from the silent majority...  There seems to be an assumption that
the UNIX community (users, programmers and gurus are included I presume)
speaks with one mind with respect to legal and intellectual property issue;
that of the vocal minority in this and other news groups.  They do not!

Though I haven't the data to prove it, the UNIX community is much broader 
than the gurus who attend USENIX and balk at any and every legal action 
relating to UNIX or even the software industry in general.  There are many
of us who give due respect to those in the industry who choose to advance
the art by offering their services free of charge (or at least profit). 
Thank you Jolitz's, Stallman, Amancio et al... GNU amd 386BSD are doing a
great job at moving the software field ahead.  Berkeley and other academic
institutions are doing their part as well supported by tax dollars and
tuition.

But I also pay due respect to USL, Novell, IBM, Microsoft, HP, DEC,
and yes even the Apples of the industry for advancing the art of software
based on profit motives and the associated use of intellectual property
protection.  Let's give credit where credit is due!  This does not mean I
support everything such massive companies may do in in the name of IP
law enforcement, but I do not share the paranoia expressed by many readers
of this and other groups that the sky will fall if USL moves this way or that.

Some of you are kidding yourselves to think that the legal system always crushes
the little guy.  These huge corps are scared shitless of the little guy with
a good legal claim against them.  Certainly there are problems with our legal 
system not only in terms relating to the software biz, but everywhere.  Work
to correct those problems, don't toss the baby with the bathwater.

There may in fact be some of you out there that may be directly affected
by a USL victory (if it ever happens), but the industry as a whole will march
ahead without noticing the outcome.

My (long-windded) point is simply that too many of you are assuming that
the UNIX community (or software community more generally) supports your 
every claim that our business is unique and must be saved from the wolves
at the door (IBM, USL...).  WE DO NOT!  There are those of us who see no
problems in commercial expolitation of protected expressions and ideas, in
fact, some of us even make a living doing so... it called programming too!

Dan Fishman (dfishman@csn.org)