*BSD News Article 17780


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From: rcd@raven.eklektix.com (Dick Dunn)
Subject: Re: 4.4BSD Release
Message-ID: <1993Jul1.034113@eklektix.com>
Organization: eklektix - Boulder, Colorado
References: <20qdsj$6rt@agate.berkeley.edu> <20qq3p$ke6@wsrcc.com>
Date: Thu, 1 Jul 1993 03:41:13 GMT
Lines: 64

wolfgang@wsrcc.com (Wolfgang Rupprecht) writes:
[Keith/Kirk letter on 4.4 availability]
...
>Why are the Berkeley lawyers being such wimps?...

How are they wimps?  They've made a decision about what's the most
reasonable approach while the suit is pending.  It may be that they
want to minimize the cost to the university in the (now increasingly
unlikely) event they lose the suit--and that's good strategy.  It may
be that they don't see a major gain to the university in releasing
4.4-Lite sooner.  (I'm not saying I agree with that, but it's a plausible
line of reasoning.)

>...What good are ones
>attack dogs if they are afraid of the other guys attack dogs?...

The university's "attack dogs" are probably mostly concerned with defense
of the university.  Unlike many large corporations, universities can't
generally make money suing other organizations.  But anyway...

>...Can't BSDI's lawyers give Berkeley's some assertiveness training or
>something?

This is really the crux of the matter--the situation is very different for
these two organizations, and the lawyers are behaving accordingly.

BSDI:  They have nothing to lose by selling/distributing their product.  As
long as they're not under injunction, the more they sell and the sooner
they sell it, the better off they are.  If they win the suit, it vindicates
the decision not to hold back; if they lose the suit, they're just shut
down, period.  That's why they released 1.0 as soon as the injunction
request was denied.

UC Berkeley:  They actually have nothing to gain by distributing early!  It
would be nice, and we'd all like to see it, but all they get is the chance
to give something away sooner.  OTOH, if they lose the suit, the penalty
against the university may well depend in part on how they've acted in the
meantime.  Moreover, there's no reason for them to do things which might
provoke more aggressive legal action from USL...the sooner the case gets
decided, the better.

It's really easy to get impatient with the process..."justice" in a big
suit like this is unbelievably, unconscionably slow.  Frankly, I think we
should be glad that UC's lawyers are actually fighting this case instead of
giving it up.  They could well have said "we can't afford the time and
expense of fighting this" and settled out of court--which probably would
have meant no 4.4 at all.  In fact, I seem to recall there was a point when
it *did* look like they weren't going to defend against the suit, but either
decided or were persuaded to continue.

If UC weren't defending, BSDI would have a much harder (perhaps impossible)
battle...and from there, it would get pretty grim--first for UC work and
BSDI, but soon thereafter for the free efforts as well.

As much as I'd like to see 4.4-Lite come out tomorrow, I think we're much
better off with UC in the picture but moving carefully, than not having
them involved at all.

(And the worst of it is that nobody in power at USL seems to have a clue
that this whole affair amounts to little more than a sales promotion effort
for Microsoft...)
-- 
Dick Dunn    rcd@eklektix.com   -or-   raven!rcd    Boulder, Colorado USA
   ...Simpler is better.