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- From: adam@soda.berkeley.edu (Adam J Richter)
- Newsgroups: comp.unix.bsd
- Subject: Copyright infringement added to AT&T suit?
- Date: 30 Jul 1992 21:22:25 GMT
- Organization: University of California, Berkeley
- Lines: 39
- Message-ID: <159mihINNbfe@agate.berkeley.edu>
- References: <9207231306.AA06854@GRANNY.CS.NYU.EDU> <4442@hq.hq.af.mil> <159ld6INNmmu@darkstar.UCSC.EDU>
- NNTP-Posting-Host: soda.berkeley.edu
-
-
- On Tuesday, I had a telephone conversation with Larry Lankel
- of USL yesterday. Larry told me that AT&T is indeed the majority
- shareholder of USL. Therefore, it is reasonable to pressure
- AT&T to change USL's actions.
-
- Larry claimed that USL has added copyright infringement
- to the lawsuit and that USL has found "specific and substantive"
- sections of code that "were copied or could not have been written
- without looking at the [USL] source code." However, Larry also told
- me that USL will not reveal which sections of the BSD Net 2 code that
- it claims to be able to restrict.
-
- It seems to me that even if the the dubious claim that a section
- of code could not have been written without looking at the original were
- found to be true that that would necessarily establish copyright
- infringement. For example, either of the following might be defenses
- against such a copyright infringement claim:
-
- 1. "We had to look at the code to copy some of
- the ideas, but we did not copy the expression."
-
- 2. "The expression and functionality were inseparably
- interwined and there was only a limited number of
- ways to implement this functionality."
-
- I am not a lawyer. This is just my layman's understanding of
- the law; it is not legal advice. For legal advice, consult a lawyer.
-
- If some enterprising person would like to make AT&T's filings
- available for anonymous FTP, the copy department of the US district
- court in New Jersey can be reached at (201) 645-4565 until 4:30pm on
- weekdays.
-
- --
- Adam J. Richter 409 Evelyn Avenue, Apt. 312
- richter@cerf.net Albany, CA 94706
- (510)528-3209
- Another member of the League for Programming Freedom (league@prep.ai.mit.edu).
-