*BSD News Article 6823


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From: mcgregor@netcom.com (Scott Mcgregor)
Subject: Re: BSD Net/2 Distribution by UCB/CSRG Suspended!
Message-ID: <1992Oct20.205420.8461@netcom.com>
Organization: Netcom - Online Communication Services (408 241-9760 guest)
References: <BZS.92Oct19231432@ussr.std.com>
Date: Tue, 20 Oct 1992 20:54:20 GMT
Lines: 39

In article <BZS.92Oct19231432@ussr.std.com> bzs@ussr.std.com (Barry Shein) writes:

>This is what is known in law as a "chilling effect". No decision, no
>court case (yet), but people are changing their behavior as if they
>were under a court order.
>
>Very disturbing. Universities should not be bullied like this.

Universities hold many patents and copyrights.  They are not above
bullying others they think (but don't know) may be infringing.   If
you independently replicate some of their course materials, or
commercialize research covered by their patents you may find this out
for yourself.    

Being in business (whether for profit (AT&T), or non-profit
(Universities)) opens you to a great many risks, from contract
infringement to unnwarranted suits. I think both parties are aware of
the risks and willing to take them to achieve their other aims. 

I agree that it is unfortunate that this software is being removed
from availability.  If it turns out that there are substantial
portions that were intentionally copied, I think the University will
indeed have some responsibility for not living up to contracts it
signed. I hope that is not the case and that the distribution can be
continued again soon. There is certainly reason to suspect AT&T's
motives at this time with the information that is currently publicly
available. It will be interesting to see what other information comes
out. 

-- 

Scott L. McGregor		mcgregor@netcom.com
President			tel: 408-985-1824
Prescient Software, Inc.	fax: 408-985-1936
3494 Yuba Avenue
San Jose, CA 95117-2967