home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!elroy.jpl.nasa.gov!usc!sol.ctr.columbia.edu!destroyer!gumby!yale!mintaka.lcs.mit.edu!ai-lab!life.ai.mit.edu!friedman
- From: friedman@gnu.ai.mit.edu (Noah Friedman)
- Newsgroups: gnu.misc.discuss
- Subject: Re: What is LPF position on AT&T v. BSDI?
- Message-ID: <FRIEDMAN.92Jul28101124@nutrimat.gnu.ai.mit.edu>
- Date: 28 Jul 92 14:11:24 GMT
- References: <1992Jul24.020023.10999@algor2.algorists.com>
- Sender: news@ai.mit.edu
- Organization: Free Software Foundation, 675 Mass Ave. Cambridge, MA 02139
- Lines: 65
- In-reply-to: jeffrey@algor2.algorists.com's message of 24 Jul 92 02:00:23 GMT
-
- Note that I am not a board member of the LPF, so I cannot make official
- claims about LPF policy, but I did talk to some board members about some of
- the following issues.
-
-
- In article <1992Jul24.020023.10999@algor2.algorists.com> jeffrey@algor2.algorists.com (Jeffrey Kegler) writes:
- >Specific questions:
- >
- >1) I assume the LPF has no opinion on the matter of the status of the
- >trademark on the term "UNIX". Is this right?
- >
- >2) I assume the LPF has no opinion on the matter of whether BSDI can
- >use 800-ITS-UNIX as its phone number. Is this right?
-
- Correct on both counts. The LPF is not concerned with trademark issues
- in general.
-
- >3) From reading the legal docs, AT&T, while not alleging any trade secret,
- >copyright or patent rights in BSDI's software, leaves open the possibility
- >of expanding the suit to allege such. I assume that if they "clarify"
- >their position to indicate they do not intend to assert such rights,
- >instead restricting themselves to trademark and false advertizing issues,
- >untainted by other intellectual property issues, LPF will take no position
- >on the matter of AT&T v. BSDI. Is that correct?
-
- If USL ultimately claims that BSDI merely violated copyright laws with
- respect to actual source code, rather than interface or architectural
- issues, then it won't be an issue that the LPF is concerned with.
-
- USL's second major claim seems to be (as I understand it) that the
- some of the contents of the public net2 release were derived from
- proprietary AT&T code. UCB did indeed have an ATT source license, and at
- least one member of BSDI (Mike Karels) did some of the work to replace the
- proprietary parts. USL might think they have a case if the rewritten code
- is very similar to the original---e.g. if all the algorithms are roughly
- the same.
-
- USL has been very, very vague about exactly what proprietary rights have
- actually been violated. And so far they haven't filed any complaints
- against the Regents of UCB (who, if such rights have actually been
- violated, seem like they should be more responsible than BSDI).
-
- Perhaps CSRG made a mistake by not using "clean room" techniques to
- replace the proprietary parts of the software, since proving that the code
- isn't a direct derivation may now be more difficult. I can't say, since
- I've never seen any AT&T source (beyond that of some of their shell scripts
- and header files). Using such methods is generally slower and more
- expensive, and given how small CSRG is I can understand why they chose not
- to do that.
-
- >1) You (BSDI) claim you are distributing UNIX.
- >2) This is false, so you must stop claiming it.
- >3) And, since you are distributing UNIX, you must license it from us.
-
- Assuming (3) is true, BSDI has not yet paid USL for a license to use the
- Unix trademark. On those grounds, they may be able to get away with
- claiming (1) and (2). It may also be the case that derivations of their
- operating system are not necessarily entitled to use the Unix trademark at
- all.
-
- Note that I'm not a lawyer. This is just speculation on my part.
- Overall, I suspect that USL is just testing the waters to see what they can
- get away with, rather than really believing their rights have been
- violated. Their claims (other than obvious trademark violation) are just
- too vague.
-