home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky gnu.misc.discuss:2881 comp.os.mach:1148 comp.unix.bsd:5032
- Path: sparky!uunet!mcsun!uknet!gdt!aber!aberfa!pcg
- From: pcg@aber.ac.uk (Piercarlo Grandi)
- Newsgroups: gnu.misc.discuss,comp.os.mach,comp.unix.bsd
- Subject: AT&T USL vs. BSDI/UCB, Mach3, OSF/1, GNU HURD, Linux
- Message-ID: <PCG.92Aug30225902@aberdb.aber.ac.uk>
- Date: 30 Aug 92 22:59:02 GMT
- Sender: news@aber.ac.uk (USENET news service)
- Reply-To: pcg@aber.ac.uk (Piercarlo Grandi)
- Organization: Prifysgol Cymru, Aberystwyth
- Lines: 71
- Nntp-Posting-Host: aberdb
-
-
- The USL suit has direr implications that most people realize. The FSF
- has decided to abandon the BNR2SS server as it is derived from the
- disputed NET2 sources, and CMU have withdrawn the BNR2SS sources
- from public distribution. The FSF is considering building a Mach3 server
- based on Linux.
-
- Unfortunately, I reckon this is pointless. Let's look at USL claims
- in the BSDI/UCB suit:
-
- 1) NET2 and thus BSDI/386 contain USL copyrighted text, or its
- derivative.
-
- 2) NET2 and thus BSDI/386 embody USL trade secrets licensed to
- UCB, and by UCB disclosed to BSDI or its employees.
-
- The defense by UCB/BSDI is that:
-
- 1) all text copyrighted by USL has been removed from NET2 and thus
- from BSDI/386, and substituted with original text.
-
- 2) no USL trade secret was employed in writing the replacement text,
- but only original or publicly known techniques.
-
- The interesting aspect of this matter is that the above points, both
- USL's and UCB/BSDI's, apply *exactly* to Mach3 itself.
-
- The lineage of Mach3 starts from 4.1BSD+Accent IPC, and by a process of
- various releases all USL copyrighted text has been removed, and new text
- written in its stead, until Mach3 was obtained, just like NET2 was.
-
- Not only that, all the authors of Mach3 have been exposed to the very
- same USL trade secrets to which the UCB/BSDI people have been, as both
- groups of researchers have worked for (over) ten years on various
- releases of USL source text.
-
- It can actually be argued that if USL wins the UCB/BSDI case, then
- *all* staff and students of *any* institution or company that has an
- USL Unix source license must be presumed to have been exposed to the
- trade secrets contained therein, unless it can proven otherwise.
-
- Doing so requires proving that the sources have been kept secure and all
- people who have accessed them have been logged -- once the license has
- been granted, all staff and students of the licensee are bound by it,
- and the burden of proving that they never had access to the secret text
- is on them, and even if they can I have doubts that it matters).
-
- So, if USL wins the UCB/BSDI suit by having the court accepting its
- contentions, then Mach3 most probably falls too as the next step, and
- (less probably) so any and all Unix like code developed by staff or
- students of any organization with a Unix source license.
-
- It would astonish me if, having set a precedent w.r.t. UCB/NET2/BSDI,
- USL were not to use it immediately w.r.t. CMU/Mach3/FSF. By doing so
- they would effectively prevent the OSF, with their current staff, from
- producing an OSF/n that does not require an USL Unix source license.
-
- So, giving up on BNR2SS buys essentially nothing, if one continues to
- use Mach3 as the substratum
-
- The sure way for the FSF to have an unenncumbered OS would be to adopt
- Linux, if it can be proven that Linus Benedict never worked or studied
- at an organization with a Unix source license, or if he did, that he
- never was exposed to it.
-
- Or one could continue to use BNR2SS with Mach3, because they are bound
- to stand or fall together.
- --
- Piercarlo Grandi | JNET: pcg@uk.ac.aber
- Dept of CS, University of Wales | UUCP: ...!mcsun!ukc!aber-cs!pcg
- Penglais, Aberystwyth SY23 3BZ, UK | INET: pcg@aber.ac.uk
-