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- Path: sparky!uunet!olivea!news.bbn.com!drilex!dricejb
- From: dricejb@drilex.dri.mgh.com (Craig Jackson drilex1)
- Newsgroups: comp.unix.bsd
- Subject: Re: AT&T or USL, and extrapolation
- Message-ID: <51670@drilex.dri.mgh.com>
- Date: 27 Jul 92 14:47:35 GMT
- References: <1992Jul23.064028@eklektix.com> <1830@adagio.UUCP> <1992Jul25.164257.5424@nebulus.ca>
- Organization: DRI/McGraw-Hill, Lexington, MA
- Lines: 39
- NNTP-Posting-Host: bbn.com
-
- Thank you for posting the entire complaint. Upon reading, several things
- struck me:
-
- 1. I saw no mention of "trade secret" or similar words. USL/AT&T simply
- alleges that the NET2 code is derived from USL/AT&T code.
-
- 2. USL/AT&T seems to make a distinction that BSDI is marketing an operating
- system based on the NET2 code, rather than a fragment of one. This may
- be related to the fact that "Unix" is a trademark of a particular brand
- of operating system. (I heard a rule years ago: "Trademarks are adjectives,
- not nouns.")
-
- This might be an attempt to draw a distinction between the effort of
- BSDI and the NET2 distribution sitting on UUNET, which is not a complete
- operating system. However, this doesn't make sense. Either there is
- a license violation, or there isn't, it would seem to me. Revealing a
- portion of a trade secret is just as bad as revealing the whole secret.
-
- 3. An interesting point is that AT&T/USL seems to allege that the term "BSD"
- has become linked with the AT&T/USL trademark "Unix", since all past
- BSD releases required an AT&T license. This would seem to lay groundwork
- for a trademark-confusion suit based solely on the use of the term "BSD".
-
- Obviously, the crux of this suit is whether the NET2 distribution requires
- an USL/AT&T license. All of the other stuff about 800-ITS-UNIX, etc. are
- simply sloppy business practices on the part of BSDI. I think that the
- origins of this suit go back several years to when AT&T shut down the
- office they once had which would examine a piece of code to see if it contained
- AT&T proprietary code. At that time, they decided to not give away their
- rights to anything, but rather to let the courts decide.
-
- I still don't understand exactly why the Regents of the University of
- California were not a party to the suit. It would seem that one option
- BSDI would have, should it lose, would be to sue the Regents for false
- statements about the origin of the code.
- --
- Craig Jackson
- dricejb@drilex.dri.mgh.com
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