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- Newsgroups: comp.unix.bsd
- Path: sparky!uunet!haven.umd.edu!darwin.sura.net!wupost!psuvax1!ehrlich
- From: ehrlich@cs.psu.edu (Dan Ehrlich)
- Subject: Re: AT&T vs. BSDI --> 4.3BSD-NET2 distribution requires AT&T license!!!
- In-Reply-To: joeg@gagme's message of 28 Jul 92 06:08:22 GMT
- Message-ID: <Bs9nLo.I2n@cs.psu.edu>
- Sender: news@cs.psu.edu (Usenet)
- Nntp-Posting-Host: daneel.cs.psu.edu
- Organization: Computer Science Department, Penn State University
- References: <l6rld6INN3dh@neuro.usc.edu> <1992Jul28.060822.29603@serveme.chi.il.us>
- Date: Fri, 31 Jul 1992 19:34:31 GMT
- Lines: 54
-
-
- All statemnets and opinions expressed herein are my own and DO NOT reflect
- the opinions of my employer.
-
- Just wanted to add my two cents to this discussion. I am not an attorney,
- so do not assume that anything I am about to write is correct. Also, don't
- loose sight of the fact that USL(tm)/AT&T(tm) is a "for profit" corporation.
- And that if you do not "vigorously" defend your trademarks you loose your
- rights to them. "Aspirin" was once a Bayer trademark.
-
- While USL/AT&T is appeartently making trademark infringement and unfair
- competition the center piece of the suit against BSDI, it seems to me that
- the real crux of the matter will be the definition of the term "derived
- work" as it relates to a copyright. In the past I have been told that any
- "derived work" is, by law, the sole property of the copyright holder. If
- USL/AT&T can prove in court that the NET-2 code is a "derived work" from
- previous copyrighted USL/AT&T code then they will (unfortunately) prevail in
- their suit.
-
- If USL/AT&T can convince a court that NET-2 is a "derived work" the
- implications are unfathomable. Would this mean that any code in NET-2 would
- now require USL/AT&T licenses? Would Van Jacobsen's TCP/IP code then
- require a license? What would all of those companies that have built
- router's, bridges, or gateways based on Van's code do? What about Henery
- Spencer's regualr exspression routines? Software development would quickly
- come to a halt.
-
- Richard Stallman is right when he says that software copyrights are evil.
- This lawsuit is a good example. If USL/AT&T should prevail then no one who
- has been through a computer science curriculum in the last 15 years will be
- able to do operating system development. If USL/AT&T prevails then
- programmers and software development houses in any country that is a
- signatory to the international copyright treaties could also be required to
- tithe to USL/AT&T.
-
- It's time to dig out those "Keep Your Lawyers Off My Computer" buttons and
- replace the multi-colored Apple(tm) logo that is the snake's head with the
- DeathStar(tm).
-
- Well, I seem to have started ranting, so it must be time to step down
- from the soapbox and let the next speaker up.
-
- AT&T is a trademark of the American Telephone and Telegraph Company.
- UNIX is a trademark of UNIX Systems Labratories.
- USL is probably a wholly owned subsidiary of AT&T.
- Apple is a trademark of Apple Computer.
- DeathStar is probably a trademark or service mark of George Lucas.
-
-
- --
- Dan Ehrlich - Sr. Systems Programmer - Penn State Computer Science
- "Universities should be safe havens where ruthless examination of
- realities will not be distorted by the aim to please or inhibited
- by the risk of displeasure." - Kingman Brewster
-