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- Path: sparky!uunet!darwin.sura.net!wupost!usc!news
- From: merlin@neuro.usc.edu (merlin)
- Newsgroups: ca.unix
- Subject: AT&T vs. BSDI --> 4.3BSD-NET2 distribution requires AT&T license!!!
- Date: 21 Jul 1992 01:57:02 -0700
- Organization: University of Southern California, Los Angeles, CA
- Lines: 134
- Sender: merlin@neuro.usc.edu (merlin)
- Distribution: ca
- Message-ID: <l6nkauINNjmg@neuro.usc.edu>
- References: <22396@hacgate.SCG.HAC.COM>
- NNTP-Posting-Host: neuro.usc.edu
- Keywords: AT&T 'Death Star' rises over BSDI's horizon [Tel. 1-800-800-4BSD
-
- [For people in comp.unix.sysv386 -- two products were recently released in
- field test versions with a production version intended in the near future.
- Berkeley Software Design, Inc [Tel. 1-800-800-4BSD] has offered full source
- code for a product called 'BSD/386' based on the publically available code
- made available via numerous archive sites from the UC Regents 4.3BSD-NET2
- UNIX software distribution. Willian and Lynne Jolitz have offered the full
- sources for an alternative product called '386BSD' which is also based on
- the publically available UC Regents 4.3BSD-NET2 UNIX software distribution.
- 'BSD/386' sells for $1,000 for the full source and $200 for a binary right
- to copy. '386BSD' is available from numerous public archive sites without
- any charge of any kind.]
-
- [The UC Regents 4.3BSD-NET2 software was claimed not to contain any AT&T
- derived source code -- as a consequence it was believed by many people to
- be an appropriate base for development of extremely inexpensive versions
- of 'Berkeley UNIX' compatible operating systems. This claim is disputed
- by AT&T as described below.]
-
- [This note is not an advertisement of any kind. I am not connected with
- AT&T, ATTIS, USG, USDL, USL (or whatever AT&T would like to be called in
- the near future), Bell Laboratories, UC Regents, CSRG, BSDI, or the Jolitz
- Development Team. This is simply an expression of concern about litigation
- which will have a dramatic effect on whether or not AT&T is allowed to have
- monopoly interest in operating systems derived from publically available
- source codes. Frankly, I am curious about the ultimate judge's decision.]
-
- ------------------------------------------------------------------------------
-
- Two days ago I told a colleague in Psychology that the world had changed
- -- we spent several hours talking about the possibilities for good which
- arose from the free or at least very low cost release of 386BSD & BSD/386.
-
- However, AT&T [and it's massive army of high paid staff attorneys] have
- fired the first shot in a legal action which may doom such possibilities.
-
- Tomorrow I'm going to have to tell him the forces of darkness and greed
- have decended to crush hope of using UNIX in extremely low cost systems.
-
- The bottom line is that AT&T claims NET2 is contaminated with intellectual
- property misappropriated from AT&T -- perhaps not direct copies of source
- code -- but at least ways of doing things (trade secrets) -- and therefore
- any system derived from NET2 requires an AT&T source code license [it used
- to be about $10,000 to get an AT&T source license]. The threat is twofold
-
- o AT&T can sue anyone who has any assets or any prospect of assets for
- each and every copy of an operating system maintained or allowed to
- be copied by any individual without payment of the AT&T license fee
-
- o AT&T can withdraw it's contribution from any organization which would
- permit the maintenance or copying of systems derived from 4.3BSD-NET2
-
- AT&T's complaint 92-1667 filed in US District Court--New Jersey claims:
-
- o AT&T authorized the UC Regents to distribute certain works derived
- from their UNIX software to third parties ... subject to restrictions
-
- o Those restrictions include a requirement limiting such distribution
- to persons who have also acquired licenses from AT&T or USL
-
- o 'Networking Release 2' contains software code that was copied from,
- based upon, or derived from, code licensed to the Regents by AT&T
-
- o Any operating system derived from 'Networking Release 2' requires a
- license from AT&T or its successor, USL
-
- AT&T's entire complaint is contained in a false advertising and unfair
- competition claim based on BSDI's brochure which states BSDI sources are
- not derived from AT&T code --and-- do not require an AT&T source license.
-
- AT&T's 1-MAY-92 interrogatory (a series of questions to an adversary) asks:
-
- o Whether anyone related to BSDI has ever had access to AT&T UNIX sources
-
- o How much employee time was spent to develop BSDI's source code product
-
- BSDI's motion to dismiss and subsequent press releases argue that AT&T has
- not made out an adequate case of copyright infringement -- and -- therefore
- cannot maintain their claim of false advertising or unfair competition
- until they prove what BSDI would like to say is a simple copyright claim.
-
- However, the AT&T claim is not a copyright claim -- it is a claim that BSDI
- incorporated intellectual property belonging to AT&T into the BSDI product.
- The intellectual property may be in the form of copyright, patent, or trade
- secret protected material. While NET2 may not literally contain any direct
- copies of AT&T source code -- it is very possible it contains a translation
- or adaptation of copyrighted material -- or it may contain a patented means
- of performing some task -- or it may be based on knowledge of the original
- techniques [trade secrets] embodied in the AT&T source code. Hence, AT&T
- only has to prove that someone involved in CSRG's NET2 release or in BSDI's
- BSD/386 development had access to AT&T licensed materials at some time in
- his/her lifetime to trigger the spectre of contamination of BSDI's product.
-
- BSDI's position is in stark contrast the Phoenix BIOS project where two
- teams of engineers worked in parallel -- one team developing a functional
- specification by studying the original IBM BIOS ROM chip codes -- and a
- second completely independent and compartmentalized team developing code.
- There is no suggestion either CSRG or BSDI made any effort to institute
- similar means to prevent the incorporation of AT&T technology in BSD/386.
-
- Further, AT&T's question about the time investment of BSDI in bringing out
- their product [compared with their own cost over many years] will likely go
- a long way toward supporting their unfair competition claim. If it took a
- small company like BSDI only a couple of years with a small team of people
- to produce BSD/386 vs the multi year investment of a corporate giant - then
- it is very possible AT&T may prevail on the unfair competition claim.
-
- On a final note, BSDI's own press release states that:
-
- Although USL has not sued the University of California, we expect that
- USL (or its parent, ATT) will threaten to review or withdraw research
- grants made to any university or research institution using or
- distributing software based on NET2 ...
-
- All in all, this filing by a corporate giant with virtually unlimited funds
- for legal expenses would seem to spell the doom of 'free' UNIX projects as
- they are presently conceived. There is simply too much risk someone with a
- prior exposure to AT&T source codes could manage to contaminate the product.
-
- Sigh, AJ
-
- ------------------------------------------------------------------------------
- Alexander-James Annala
- Principal Investigator
- Neuroscience Image Analysis Network
- HEDCO Neuroscience Building, Fifth Floor
- University of Southern California
- University Park
- Los Angeles, CA 90089-2520
- ------------------------------------------------------------------------------
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