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- Path: sparky!uunet!mcsun!uknet!edcastle!aiai!jeff
- From: jeff@aiai.ed.ac.uk (Jeff Dalton)
- 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: <7009@skye.ed.ac.uk>
- Date: 24 Jul 92 18:44:35 GMT
- References: <1992Jul21.142631.14517@mnemosyne.cs.du.edu> <mcuddy.711795634@fensende> <1992Jul22.212903.29537@gateway.novell.com>
- Organization: AIAI, University of Edinburgh, Scotland
- Lines: 39
-
- In article <1992Jul22.212903.29537@gateway.novell.com> terry@npd.Novell.COM (Terry Lambert) writes:
- >*** prediction alert *** prediction alert *** prediction alert ***
- >
- >I think that AT&T will win; not on the merits of reality, but on the merits
- >of their arguments. It will be difficult, without educating the judge to
- >the point of a CS degree, to draw the distinctions necessary to prove
- >non-infringement by BSDI. It certainly *looks* like BSDI is infringing
- >to a layman, and that's what the judge will be.
-
- I am not convinced of this. A long time ago, UCB developed an
- OS based on a system from AT&T. That system lacked almost every
- interesting thing now in BSD, including virtual memory. Since then,
- many man years of effort have gone into developing the system at
- UCB. Since all of the improvements are new, they were not based
- on the AT&T code. Finally, the last traces of AT&T code were removed.
- (Presumably, UCB and co can produce a list of what these last traces
- were, to show their insignificance.)
-
- Why would this look like infringment?
-
- However, we cannot be sure the courts will make a rational decision.
-
- One thing that worries me is the claim of "unfair competition",
- which seems to be based in part on the idea that BSDI was able
- to develop a system quickly while AT&T has taken many man years
- on their alternative. Now, this is a bogus comparison, because
- it leaves out all the man years of work at UCB, but suppose the
- argument carries the day nonetheless.
-
- The result may be this: anyone who takes public domain code and
- produces a commercial system can be sued for unfair competition
- by anyone who started from scratch. Indeed, people who distribute
- free systems might be sued. So much for ___ (fill in favorite
- source of free software) ___.
-
- (NB -- my statements about AT&T's case are based entriely on
- what I've read in this newsgroup. I could easily be wrong.)
-
- -- jd
-