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- Newsgroups: comp.org.eff.talk
- Path: sparky!uunet!looking!brad
- From: brad@clarinet.com (Brad Templeton)
- Subject: Re: AT&T vs. BSDI [BSDI response]
- Organization: ClariNet Communications Corp.
- Date: Fri, 24 Jul 1992 20:22:38 GMT
- Message-ID: <1992Jul24.202238.18012@clarinet.com>
- References: <9207241304.AA03042@antaire.com>
- Lines: 45
-
- This is a complex issue. In olden days, AT&T was praised resoundingly
- by all concerned for letting universities get source to Unix under such
- favourable terms. But everybody knew the real terms, that the source
- was trade secret and all the people who got it through official means
- had to agree that it was trade secret.
-
- I think that is now coming home to roost. AT&T was generous, but not
- philanthropic in those early days. They have always wanted something in
- return -- and they got that something: Unix became a leading OS.
-
- They haven't said much in their suit, but the thread I see is this -- "we
- gave you our source code under trade secret agreement, you studied it and
- worked with it for years, learning every part of it, and then using that
- knowledge you rewrote it and gave what you rewrote away, in particular
- to people who want to compete with us."
-
- Now IANALBIPOOTN, but that actually does sound like a valid trade secret
- case to me. There have been reverse engineering cases in the past that
- have burned the reverse engineers. These days, if you're cloning something,
- the safe practice is to get one group to examine it and write abstract
- specs, and have another group get only those specs and create a product
- from them.
-
- If you let the second group actually see the physical thing they are
- duplicating, you take a risk. To let them actually have it under trade
- secret agreement -- that would be crazy. That's how it has been in
- some cases, like it or not.
-
- I know the authors of Coherent did not have a copy of Unix source around
- when they wrote it.
-
- My feeling is that if AT&T wants to pursue a trade secret case, they
- have a case. Which is silly, because the amount of AT&T code left was
- small, and careful planning could have avoided this trouble. It sounds
- like they were sloppy.
-
- I also see AT&T's side. One hardly gives people source code to one's
- product just so they can clone it and sell their own version, after all.
-
- The original V7 Unix was a brilliant innovation, but in today's world of
- megabyte kernels, we forget how small it was, and how easy it would be
- for a modern trained programmer who has never seen Unix source to duplicate
- it. But that's not what BSD did.
- --
- Brad Templeton, ClariNet Communications Corp. -- Sunnyvale, CA 408/296-0366
-