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- Path: sparky!uunet!gatech!destroyer!sol.ctr.columbia.edu!eff!world!ksr!jfw
- From: jfw@ksr.com (John F. Woods)
- Newsgroups: comp.unix.bsd
- Subject: Re: AT&T vs. BSDI --> 4.3BSD-NET2 distribution requires AT&T license!!!
- Keywords: AT&T 'Death Star' rises over BSDI's horizon [Tel. 1-800-800-4BSD
- Message-ID: <14105@ksr.com>
- Date: 24 Jul 92 13:03:33 EDT
- References: <l6nibgINNje6@neuro.usc.edu> <3674@vidiot.UUCP> <sb380.711882282@fred>
- Sender: news@ksr.com
- Lines: 35
-
- sb380@cs.city.ac.uk (Andy Holt) writes:
- >In <3674@vidiot.UUCP> brown@vidiot.UUCP (Vidiot) writes:
- >> It is virtually impossible to not have had access to a Unix
- >>system in one's career of computer science. If that is allowed to stand,
- >>AT&T will win every time. Yuch.
- >But that could wreck any AT&T claim to "trade secret" status - I suspect
- >_far_ too many people have seen the code for such a claim to stand.
-
- Every single person in the world save one could know a given "trade secret"
- if AT&T had a signed piece of paper requiring each of those knowledgable
- individuals to treat the material as confidential (and note that if you worked
- for a site which had a source license, your acceptance of your terms of
- employment is the same as accepting the contract your employer signed to get
- the source license). AT&T has previously gone after "stolen" copies of UNIX,
- and restricted the use of the "Lyons book" that was used in the operating
- systems course at the University of New South Wales (UNIX V6 source code and
- explanatory material, in two highly convenient books).
-
- Since UCB was not authorized to disclose any trade secrets, then IF the NET2
- sources really contain such trade secrets, AT&T could (I think) demand the
- recall or destruction of any copies of it. AT&T's problem might be that they
- have been too slow to act -- in particular, "The Design of the 4.3BSD Operating
- System" has been out for quite some time, and presumably would have disclosed
- the same trade secrets (one hopes that they will try to avoid claiming anything
- that *they* published in the Bach book, to avoid looking really stupid). They
- could wind up in a situation where they can successfully claim that trade
- secrets were revealed (and thus they are owed damages from BSDI and UCB) but
- they lose the trade secret status (which would presumably *increase* the
- damages they are owed, since they have had a valuable "property" destroyed).
-
- Consult a lawyer if you really care to know about all this (or if you have
- ever seen the grim word "login:" on a screen, since your mind is now a wholly-
- owned subsidiary of The Death Star...).
-
-
-