*BSD News Article 67510


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From: "Thumper!" <thumper@vfr.interceptor.com>
Newsgroups: comp.os.linux.development.system,comp.unix.bsd.386bsd.misc,comp.unix.bsd.bsdi.misc,comp.unix.bsd.netbsd.misc,comp.unix.bsd.freebsd.misc,comp.os.linux.advocacy
Subject: Re: Historic Opportunity facing Free Unix (was Re: The Lai/Baker paper, benchmarks, and the world of free UNIX)
Date: Thu, 02 May 1996 20:09:28 -0700
Organization: Interceptor Systems
Lines: 49
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References: <NELSON.96Apr15010553@ns.crynwr.com> <3176D081.794BDF32@FreeBSD.org> <4la318$ah3@sidhe.memra.com> <31794DB6.7DE974DF@lambert.org> <940@crane.ukc.ac.uk> <31866E12.67FD83BE@lambert.org> <4m8k99$o12@master.di.fc.ul.pt>
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Pedro Roque Marques wrote:
> 
> Terry Lambert (terry@lambert.org) wrote:
> 
> : Their Lesstif clone worries me, mostly because of potential
> : legal problems caused by the way it was developed.  They are
> : implementing interfaces which aren't publically documented
> : anywhere (programming books, OSF books, etc.) except in OSF
> : header files and the namelist of OSF libXm.a.

> Is this really problematic in terms of US law ?
> In Europe we are allowed to do that...
> If any european makes a document availiable with that info, by means legal in
> it's country, aren't Us citizens allowed to use it in developement of software?

Here's the way the law works for virtually every country:

(caps are to emphasize key legal meanings)

It's legal to reverse-engineer, decode, or otherwise get proprietary (that is, 
unreleased) information FOR YOUR OWN USE WITH THE PRODUCT.

It's legal for you to give that information to someone else who owns the product.

Even if you own the product, it is ILLEGAL for you to use that information to 
engineer your own product, whether it be compatible or not (ie, using the 
information to learn from is illegal as well).

If anyone uses the information you reverse engineer (regardless of if you've 
given them permission or not to have the information) to engineer their own 
product (again, compatible or not), you can be held liable.  A company can 
legally sue YOU for damages and win, leaving you to collect from the person that 
actually used the information in an illegal way.

It is my educated belief (although I have NOT researched for weeks and weeks) 
that Lesstif is, in fact, illegal and a violation of copyrights held regarding 
Motif.

As always, the specifics of laws vary slightly; you should always consult an 
attorney for your state/country who is familiar with the specifics laws of your 
area.

(Sorry for being long-winded, but this question has just never wanted to die!)

Steve
--
Thumper!                                    Leporidae Extraordinhare
thumper@vfr.interceptor.com      http://www.interceptor.com/~thumper
                "Life is to achieve the impossible"