*BSD News Article 3109


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From: mellon@ncd.com (Ted Lemon)
Newsgroups: comp.unix.bsd
Subject: Re: UNIGRAM's article on the USL-BSDI suit
Message-ID: <MELLON.92Aug4172834@pepper.ncd.com>
Date: 5 Aug 92 00:28:34 GMT
References: <45961@shamash.cdc.com> <25138@dog.ee.lbl.gov><1992Aug3.143259.23897@crd.ge.co
 m> <7045@skye.ed.ac.uk><KANDALL.92Aug4161214@globalize.nsg.sgi.com>
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In-reply-to: kandall@nsg.sgi.com's message of 4 Aug 92 21:12:14 GMT


>That does not give me a whole lot of incentive for further investment
>in the development of products for open licensing.  The BSDI people
>chant the litany of how they are the champions of open systems, but
>they are the ones spoiling open systems for everyone.

Good.   By all means, keep your vile "open licensing" away from my
computers.   Have you ever read the OSF/1 source license agreement?
How about the OSF/Motif license agreement?   Let me clue you in -
they're even more closed than AT&T's license agreements.   This isn't
really OSF/s fault - most of their code is licensed from foundation
members, which means that they don't have control over the actual
language in the license.

I understand that you might feel motivated to make a buck in this
marketplace, but the copyright laws don't allow you to make a buck by
copyrighting ideas; only by copyrighting specific expressions of
ideas.   Allowing AT&T and USL to use the copyright laws to enforce
the ownership of the ideas inherent in UNIX, particularly when AT&T
didn't invent any of them (as has been discussed in previous
articles), and particularly when even those ideas embodied in AT&T
code which UCB has had access to are irrelevant now, would be a
horrifying travesty of justice.

Furthermore, allow me to point out that AT&T represented UNIX as a
research operating system and encouraged schools to hack on it in a
free and open manner, as early as Version 3 (I think; it might have
been V4 or V4).   They then took a lot of work contributed by those
outside institutions, packaged it up, and declared it their property.

The early AT&T versions of UNIX didn't include the Bourne shell, and
my recollection from talking to old-timers (sorry guys... :') is that
a lot of the file descriptor paradigm came about after the initial
university releases.   Certainly, the VM code and many of the nifty
utilities came after this time.   I would be very surprised to learn
if even 50% of the code included with the 32V release actually
originated at AT&T.

In other words, characterizing the situation WRT AT&T, USL, CSRG and
BSDI in the way that you have is so completely off base as to border
on the ridiculous.

			       _MelloN_
--
mellon@ncd.com
Member, League for Programming Freedom | To learn how software patents could
cost you your right to program, contact the LPF - league@prep.ai.mit.edu