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- Path: sparky!uunet!zaphod.mps.ohio-state.edu!uwm.edu!rutgers!spcvxb.spc.edu!terry
- From: terry@spcvxb.spc.edu (Terry Kennedy, Operations Mgr.)
- Newsgroups: comp.unix.bsd
- Subject: Re: AT&T sues BSDI
- Message-ID: <1992Jul25.061414.3401@spcvxb.spc.edu>
- Date: 25 Jul 92 10:14:13 GMT
- References: <1992Jul22.221515.23550@tfs.com> <QUANSTRO.92Jul24122923@lars.StOlaf.edu>
- Organization: St. Peter's College, US
- Lines: 52
-
- In article <QUANSTRO.92Jul24122923@lars.StOlaf.edu>, quanstro@lars.StOlaf.edu (goon) writes:
- > What a sec. Perhaps I am being rather dense. But aside from size and
- > age (two factors which are rather irrevelent) What's the difference
- > between BSDI and AT&T. They are both trying to __sell__ a rather
- > expensive operating system. And since _when_ does selling a system
- > have to do with intellectual freedom. Suppose that BSDI were to
- > continue with their operating system and suppose that in ten years
- > somebody else tried to say that they were BSDI UNIX. Don't you think
- > that BSDI would get a little upset?
-
- The important thing is that BSDI took some code which was publicly avail-
- able, put a lot of effort into polishing it up and porting it to a new ar-
- chitecture, and began selling it, and that AT&T/USL claims that they do not
- have the right to do so.
-
- If AT&T/USL wins this case, this means that any vendor can claim that they
- have rights of "intellectual ancestry" or some such balderdash over any pack-
- age found on the net. What would you think if they claimed that AT&T/USL had
- "rights" to GCC because the specification of C was originally developed by
- them?
-
- How about the Jolitz's code? They've done essentially the same thing as
- BSDI except that they're not charging for it. Note that the law does not dis-
- tinguish between "free" and "commercial" in cases of trademark law. In other
- words, I can't give away boxes of tissues labeled "Kleenex" (a registered
- trademark of Kimberly-Clark Corporation) if they aren't in fact Kleenex brand.
-
- In fact, in order to retain trademark protection, AT&T/USL would be _re-
- quired_ to sue any and all infringers if the infringers refused to cease and
- desist the unlawful trademark usage, or if AT&T/USL desired recompense for
- losses due to such wrongful usage.
-
- Aside from the trademark claim (item 1 in the complaint), the rest of the
- claims attempt to do exactly this. As far as the trademark claim, a BSDI bro-
- chure that I FTP'd from UUnet in March did _not_ have the "ITS UNIX" number
- in it, so I believe BSDI made a good faith effort to comply with AT&T's prior
- request to cease using that number. Thus, I don't see why the first claim is
- included in the suit, except possibly to attach some stigma to BSDI.
-
- > Er, we aren't talking about anything _really_ important here. There
- > are much more important things to get upset about.
-
- I hope you'll change your mind after reading my comments.
-
- By the way, the day I heard about this, I went out and bought a copy of
- BSDI/386 and a support agreement. I hope those of you who need a commercial
- quality 386 Unix will do the same (note that the Jolitz's state that their
- code should not be used for commercial purposes).
-
- Terry Kennedy Operations Manager, Academic Computing
- terry@spcvxa.bitnet St. Peter's College, Jersey City, NJ USA
- terry@spcvxa.spc.edu +1 201 915 9381
-