*BSD News Article 12601


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Newsgroups: comp.unix.bsd
Path: sserve!newshost.anu.edu.au!munnari.oz.au!news.Hawaii.Edu!ames!saimiri.primate.wisc.edu!usenet.coe.montana.edu!nate
From: nate@cs.montana.edu (Nate Williams)
Subject: BSDI vs. USL information. :-)
Message-ID: <1993Mar10.045008.11895@coe.montana.edu>
Summary: happy happy
Sender: usenet@coe.montana.edu (USENET News System)
Organization: Dept. of Computer Science, MSU, Bozeman Mt 59717
Date: Wed, 10 Mar 1993 04:50:08 GMT
Lines: 67


Since this *IS* comp.unix.bsd, and now the 386BSD crowd has left
(but hopefully most of you are still reading this)

This will have a positive affect on us, so here is a re-post from
alt.suit.att-bsdi.  From reading the posting, it doesn't appear
that it's all over, but at least it's a good start.

From: chet@odin.ins.cwru.edu (Chet Ramey)
Newsgroups: alt.suit.att-bsdi
Subject: BSDI Press Release
Date: 10 Mar 1993 04:10:11 GMT
Organization: Case Western Reserve University
Lines: 40
Distribution: world
Message-ID: <1njpn3INN5c1@usenet.INS.CWRU.Edu>
NNTP-Posting-Host: odin.ins.cwru.edu

I just received this.

----------------------------------------------------------------------

USL Motion Against BSDI Dismissed.

Unix System Laboratories, a majority-owned subsidiary of AT&T, has been
unsuccessful in its attempt to stop the distribution of BSD/386, a
UNIX-compatible software product offered by Berkeley Software Design,
Inc.  BSD/386 is designed to run on IBM-compatible personal computers,
and is based on the Networking Release 2 software developed at the
University of California, at Berkeley.

USL had sought to enjoin the distribution of BSD/386 pending trial,
alleging that both the University and Berkeley Software Design had
infringed copyrights and trade secrets in its 32V UNIX operating
system.  However, in an opinion filed March 3, 1993, in the United
States District Court for the District of New Jersey, District Judge
Dickinson R. Debevoise denied USL's request for a preliminary
injunction to stop the distribution of BSD/386.

His denial was based on a finding that USL was unlikely to succeed in
showing that it had a valid copyright in 32V and that USL had not
successfully shown that either Networking Release 2 or BSD/386
contained any trade secrets belonging to USL.  In making that ruling,
Judge Debevoise noted that the accused header files, file names and
function names were not trade secrets and stated that on the current
record he "was unable to ascertain whether any aspect of Net2 or
BSD/386, be it an individual line of code or the overall system
organization, deserves protection as Plaintiff's trade secret."

Berkeley Software Design thus remains free to distribute BSD/386
without restriction.

----------------------------------------------------------------------
-- 
``The use of history as therapy means the corruption of history as history.''
	-- Arthur Schlesinger

Chet Ramey, Case Western Reserve University	Internet: chet@po.CWRU.Edu



Nate
-- 
osynw@terra.oscs.montana.edu |  Still trying to find a good reason for
nate@cs.montana.edu          |  these 'computer' things.  Personally,
work #: (406) 994-4836       |  I don't think they'll catch on - 
home #: (406) 586-0579       |                            Don Hammerstrom