*BSD News Article 4019


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Subject: Re: Restrictions on 'free' UNIX / 386BSD (R
Message-ID: <mellon.714377849@pepper>
From: mellon@iti.org (Ted Lemon)
Date: 21 Aug 92 06:17:29 GMT
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References: <1992Aug18.015903.8526@fcom.cc.utah.edu> <1992Aug18.234401.2087@nrao.edu>
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cflatter@nrao.edu (Chris Flatters) writes:
>>Because Hurd is an OS, does this mean that *any* application that runs on it
>>is a derivitive work and falls under GNU Public License?
>No. Even a lawyer would think that that was silly.

I hate to be a spoilsport, but Apple recently sued a company for pretty much
what you describe above.   A company in Menlo Park produces a software
package that allows you to make your Mac application run on non-Mac machines
by emulating the publically documented Mac API.

Apple sued, stating that this company was encouraging Apple software
vendors to distribute code owned by Apple without Apple's consent.   The
code in question was the application vendor's code, not Apple's.   I
didn't explain this particularly well; it's much better explained in a
recent LPF mailing which you can get by contacting the LPF (see my 
..signature).

The bottom line is that with the exception of contingency and pro bono
work, a lawyer could care less whether or not your lawsuit is silly, as
long as it generates billable hours.   If your lawyer is ethical, you
will at least be told that you're being silly, but lawyers are bound by
their code of ethics (can you say Military Intelligence?) to defend their
clients in court, regardless of the actual truth of the matter.

				_MelloN_
--
mellon@ncd.com							uunet!mellon
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