*BSD News Article 10740


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From: terry@cs.weber.edu (A Wizard of Earth C)
Subject: Re: George William Herbert's Challenge - Part 5 (corrections and request)
Message-ID: <1993Feb4.062235.27372@fcom.cc.utah.edu>
Sender: news@fcom.cc.utah.edu
Organization: Weber State University  (Ogden, UT)
References: <1993Jan27.215738.12384@igor.tamri.com> <1kbtpf$e9h@agate.berkeley.edu> <1993Feb4.013613.24271@igor.tamri.com>
Date: Thu, 4 Feb 93 06:22:35 GMT
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In article <1993Feb4.013613.24271@igor.tamri.com> jbass@igor.tamri.com (John Bass) writes:
>
>Ok I've had it too ... which is why I even started this mess.
>
>My source knowledge largely stops at SVR3.2 ... I've had over two
>dozen people TELL me that Sun/BSD code is in SVR4 complete with UCB COPYRIGHT
>notices ... some of which I assumed to know what they were talking about.
>
>The problem with this damn netnews is that people don't provide their
>qualifications and just post away ... it makes it damn hard to
>figure out who is blowing steam and who is tring to clearify the issue.

If I stated my qualifications as a meteorologist and said the sky was blue
because of tempra paint instead of Raleigh scattering wouldn't make it true.

I've stated qualifications (with better brevity) here before; nevertheless:

o	I have been programming professionally since I was 15.
o	I am 29 years old now.
o	I have had legal access to AT&T sources beginning with V6.
o	I have had legal access to Berkeley sources since Berkeley 4.0.
o	I have been working with UNIX systems since 1981.

o	In college, I had a triple major in High energy and solid-state
	physics, Applied mathematics, and Computer Science (engineering
	option).

o	In June of 1984, I was hired on at Century Software, a UNIX
	communications software company located in SLC, Utah.  I was
	the second employee.  I worked there for a little over five
	years; I was responsible for the introduction of most of the
	terminal emulations, most non-DOS device drivers (and some DOS
	ones), the X version of the product, the graphic interfaces on
	the Mac, MS-Windows, and UNIX platforms, as well as modem-pooling
	software, and most of the user interface code written in the
	built in interpreter (to which I contributed greatly).  In the
	process of working there, Century acquired several custom-work
	contracts which I fulfilled solely, including plotter drivers
	for Calcomp plotters and GSS-CGI, a package information system
	used by TeamAir, the console software for a GE Medical systems
	MRI scanner, and project management interface software for
	TimeLine, Harvard Project, Microsoft Project, and one project
	management package I can't remember.  The TERM base package is
	used by the US National guard to interface to the DDN, US West
	Cellular as operator consoles for the cellular phone network,
	British Telecom for who-knows-what, by the French Ministry of
	Defense for accessing systems on their X.25 network, and by Sears
	and Weinstocks for credit card validation.  Oh yes: I also
	single-handedly accomplished the initial port of TERM to VMS
	after hours because I thought it was an important market.

o	In the sort period of time between working at Century and my
	next full time job, I took a consulting contract wherin I
	wrote a batch-oriented credit reporting system for a local
	comapny providing collections software (DAKCS, in Ogden).  It
	can retrieve credit reports from TRW, CBR, CBI, and TransUnion.

o	In April of 1991, I went to work at Novell in their Portable NetWare
	division to work on the VMS product; I was one of three engineers
	in the project and basically did everything that no one else did,
	from establishing source control to modifying DEC's MTS product
	(multithreading system) to provide additional mutex functions not
	in DEC's initial release to porting streams drivers to Mentat
	streams (and making fixes to the streams system itself).  I believe
	I contributed substantially to this project.

o	Within the last year, I have been moved to the File System group
	of the 4.0 NetWare for UNIX product, where I've basically been
	hacking on VFS-based file systems, system calls, and other stuff
	(necessarily brief to avoid violating non-disclosure).

o	In my free time, I write books (fiction and non-fiction), hack
	games for X, and basically involve myself in one or more of about
	70 computer-related projects, not including those associated
	with 386BSD.  I can list them if I have to.
	

>In addition, I don't currently have a client with a source license
>past SVR2 to even be able to look for myself.

I do.  Several.  But you don't need anything more complicated than a SVR4
box with a developement kit installed to prove it to yourself.  For the
benefit of you and others and to, unfortunately, refute the apparent
intent of Keith's statement in the context you have presented it (I examine
the context from which I believe it was derived below), I have examined the
kernel sources and found numerous attribution of code to Berkeley 4.3BSD.

>*****************
>
>I am the first to say I am wrong when shown so, and please do so,
>for I hate to make an ass of myself due to other peoples mis-information.
>
>*****************
>
>Now can someone who knows clear this up?
>
>> I just can't take this any more.
>> 
>> The System V Release 4 code DOES NOT HAVE UCB COPYRIGHT NOTICES.
>> Look at the netinet code.  Look at the file system.
>> 
>> You don't have the slightest clue what you're talking about.
>> 
>> Keith Bostic
>
>are there any other key points that need to be clearified before we proceed?


I hate to disagree with Keith, but the following kernel files contain
attribution to Berkeley:


../des/des.h
../des/des_crypt.c
../des/des_crypt.h
../des/des_soft.c
../des/desdata.h
../des/intldes_soft.c
../des/intldescrypt.c
../des/softdes.h
../fs/dnlc.c
../fs/lookup.c
../fs/pathname.c
../fs/specfs/specsubr.c
../fs/specfs/specvfsops.c
../fs/specfs/specvnops.c
../fs/ufs/quota.c
../fs/ufs/quota_ufs.c
../fs/ufs/quotacalls.c
../fs/ufs/ufs_alloc.c
../fs/ufs/ufs_blklist.c
../fs/ufs/ufs_bmap.c
../fs/ufs/ufs_dir.c
../fs/ufs/ufs_dsort.c
../fs/ufs/ufs_inode.c
../fs/ufs/ufs_subr.c
../fs/ufs/ufs_tables.c
../fs/ufs/ufs_vfsops.c
../fs/ufs/ufs_vnops.c
../fs/vfs.c
../fs/vncalls.c
../fs/vnode.c
../io/ldterm.c
../io/osocket.c
../io/sockmod.c
../io/ttcompat.c
../klm/klm.mk
../klm/klm_kprot.c
../klm/klm_lkmgr.c
../klm/klm_prot.h
../klm/lockmgr.h
../ktli/ktli.mk
../ktli/t_kalloc.c
../ktli/t_kbind.c
../ktli/t_kclose.c
../ktli/t_kconnect.c
../ktli/t_kfree.c
../ktli/t_kgtstate.c
../ktli/t_kopen.c
../ktli/t_krcvudat.c
../ktli/t_ksndudat.c
../ktli/t_kspoll.c
../ktli/t_kunbind.c
../ktli/t_kutil.c
../net/af.h
../net/if.h
../net/if_arp.h
../net/route.h
../net/strioc.h
../netinet/app.c
../netinet/arp.c
../netinet/arp.h
../netinet/arp.mk
../netinet/icmp_var.h
../netinet/if_ether.h
../netinet/in.c
../netinet/in.h
../netinet/in_cksum.c
../netinet/in_pcb.c
../netinet/in_pcb.h
../netinet/in_switch.c
../netinet/in_systm.h
../netinet/in_transp.c
../netinet/in_var.h
../netinet/insrem.h
../netinet/ip.h
../netinet/ip.mk
../netinet/ip_icmp.c
../netinet/ip_icmp.h
../netinet/ip_input.c
../netinet/ip_main.c
../netinet/ip_output.c
../netinet/ip_str.h
../netinet/ip_var.h
../netinet/ip_vers.c
../netinet/llcloop.c
../netinet/llcloop.h
../netinet/llcloop.mk
../netinet/netinet.mk
../netinet/netlib.c
../netinet/nihdr.h
../netinet/raw_ip.c
../netinet/raw_ip_cb.c
../netinet/raw_ip_main.c
../netinet/route.c
../netinet/symredef.h
../netinet/tcp.h
../netinet/tcp.mk
../netinet/tcp_debug.c
../netinet/tcp_debug.h
../netinet/tcp_fsm.h
../netinet/tcp_input.c
../netinet/tcp_main.c
../netinet/tcp_output.c
../netinet/tcp_seq.h
../netinet/tcp_state.c
../netinet/tcp_subr.c
../netinet/tcp_timer.c
../netinet/tcp_timer.h
../netinet/tcp_var.h
../netinet/tcpip.h
../netinet/udp.h
../netinet/udp.mk
../netinet/udp_io.c
../netinet/udp_main.c
../netinet/udp_state.c
../netinet/udp_var.h
../os/cred.c
../os/shm.c
../os/vm_meter.c
../os/vm_pageout.c
../os/vm_subr.c
../rpc/auth.h
../rpc/auth_des.c
../rpc/auth_des.h
../rpc/auth_kern.c
../rpc/auth_sys.h
../rpc/auth_unix.h
../rpc/authdesprt.c
../rpc/authdesubr.c
../rpc/authu_prot.c
../rpc/clnt.h
../rpc/clnt_clts.c
../rpc/clnt_gen.c
../rpc/clnt_perr.c
../rpc/clnt_soc.h
../rpc/des_crypt.h
../rpc/key_call.c
../rpc/key_prot.c
../rpc/key_prot.h
../rpc/nettype.h
../rpc/pmap_clnt.h
../rpc/pmap_prot.h
../rpc/pmap_rmt.h
../rpc/raw.h
../rpc/rpc.h
../rpc/rpc.mk
../rpc/rpc_calmsg.c
../rpc/rpc_com.h
../rpc/rpc_msg.h
../rpc/rpc_prot.c
../rpc/rpcb_clnt.h
../rpc/rpcb_prot.h
../rpc/rpcent.h
../rpc/svc.c
../rpc/svc.h
../rpc/svc_auth.c
../rpc/svc_auth.h
../rpc/svc_authu.c
../rpc/svc_clts.c
../rpc/svc_gen.c
../rpc/svc_soc.h
../rpc/svcauthdes.c
../rpc/types.h
../rpc/xdr.c
../rpc/xdr.h
../rpc/xdr_array.c
../rpc/xdr_mblk.c
../rpc/xdr_mem.c
../sys/byteorder.h
../sys/errno.h
../sys/filio.h
../sys/ioccom.h
../sys/protosw.h
../sys/socket.h
../sys/socketvar.h
../sys/sockio.h
../sys/sockmod.h
../sys/swap.h
../sys/syslog.h
../sys/t_kuser.h
../sys/un.h
../sys/vmmeter.h
../sys/vmparam.h
../sys/vmsystm.h
../sys/vnode.h
../vm/anon.h
../vm/bootconf.h
../vm/cpu.h
../vm/debugger.h
../vm/faultcode.h
../vm/hat.h
../vm/kernel.h
../vm/mp.h
../vm/page.h
../vm/pte.h
../vm/pvn.h
../vm/reboot.h
../vm/rm.h
../vm/seg.h
../vm/seg_dev.c
../vm/seg_dev.h
../vm/seg_kmem.c
../vm/seg_kmem.h
../vm/seg_map.h
../vm/seg_objs.c
../vm/seg_objs.h
../vm/seg_u.c
../vm/seg_u.h
../vm/seg_vn.c
../vm/seg_vn.h
../vm/seg_vpix.c
../vm/seg_vpix.h
../vm/trace.h
../vm/vm.mk
../vm/vm_anon.c
../vm/vm_as.c
../vm/vm_machdep.c
../vm/vm_mp.c
../vm/vm_page.c
../vm/vm_pvn.c
../vm/vm_rm.c
../vm/vm_seg.c
../vm/vm_swap.c
../vm/vm_vpage.c
../vm/vmlog.h
../vm/vpage.h

All contain notices that they contain pieces derived from 4.3BSD and
licensed from the Berkeley Regents.

This is kernel code only.  I haven't even touched the cmd directory or
any of the documentation or "extra" files.


Maybe what Keith meant is that the files say they contain pieces which
are derived from the 4.3BSD sources, but they do *not* contain the full
notice:

/*-
 * Copyright (c) 1990 The Regents of the University of California.
 * All rights reserved.
 *
 * This code is derived from software contributed to Berkeley by
 * Chris Torek.
 *
 * Redistribution and use in source and binary forms, with or without
 * modification, are permitted provided that the following conditions
 * are met:
 * 1. Redistributions of source code must retain the above copyright
 *    notice, this list of conditions and the following disclaimer.
 * 2. Redistributions in binary form must reproduce the above copyright
 *    notice, this list of conditions and the following disclaimer in the
 *    documentation and/or other materials provided with the distribution.
 * 3. All advertising materials mentioning features or use of this software
 *    must display the following acknowledgement:
 *      This product includes software developed by the University of
 *      California, Berkeley and its contributors.
 * 4. Neither the name of the University nor the names of its contributors
 *    may be used to endorse or promote products derived from this software
 *    without specific prior written permission.
 *
 * THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND
 * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
 * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
 * ARE DISCLAIMED.  IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE
 * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
 * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
 * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
 * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
 * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
 * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
 * SUCH DAMAGE.
 *
 *      @(#)stdio.h     5.17 (Berkeley) 6/3/91
 */

Meaning that USL is violating license per items 1 and 3, and potentially 2
(I haven't checked the accompanying documentation).

I think that USL's statement that the code is unpublished propritary source
may release them from #1; I am unaware of USL advertising per se, so they
could possibly be in compliance with #3.


If this was offered as "proof" of a USL violation Berkeley Licensing, I
think it would be hard to prove; USL's postion on the scope of the original
UCB license may also impact whether or not they are required to keep UCB
copyrights at all, let alone in their entirety.

In any case, I believe that USL is not in violation of their obligations
to UCB, lacking proof to the contrary.

Next?


					Terry Lambert
					terry@icarus.weber.edu
---
Any opinions in this posting are my own and not those of my present
or previous employers.
-- 
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