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- Newsgroups: gnu.misc.discuss
- Path: sparky!uunet!cis.ohio-state.edu!gnu.ai.mit.edu!rms
- From: rms@gnu.ai.mit.edu (Richard Stallman)
- Subject: Errors in extrapolation
- Message-ID: <9209040830.AA27520@mole.gnu.ai.mit.edu>
- Sender: daemon@cis.ohio-state.edu
- Organization: GNUs Not Usenet
- Distribution: gnu
- Date: Fri, 4 Sep 1992 00:30:50 GMT
- Lines: 46
-
- People are extrapolating from a mistaken understanding of trade secret
- law to incorrect conclusions about the possible risk of lawsuits like
- that of AT&T vs UCB. I urge people not to post messages asserting
- risks based on extrapolation or speculation, because these are not
- reliable where legal questions are concerned. If you read messages
- that do this, keep in mind that the authors are likely to be wrong
- about some link in the chain of the argument.
-
- If the UCB release does contain any AT&T trade secrets, then UCB might
- be liable for damages for releasing these secrets. However, this has
- no effect on the rest of us who did not participate in UCB's release
- of the secrets. Those former secrets are now public knowledge, and
- even those who have signed nondisclosure agreements to keep secrets
- about Unix are now allowed to treat them as public knowledge. We can
- go on using Networking 2 with no liability due to trade secret law.
-
- It is unlikely that Mach 3 actually released any AT&T trade secrets.
- It is much less related to Unix than BSD is. But even if it did
- release some secrets, only CMU would be liable, not the rest of us.
-
- The real legal risk of using Networking 2 is from the possibility of
- copyright infringement. We cannot avoid liability for this merely by
- saying that UCB published it first and said it was ok. Of course,
- this risk applies if the program you distribute really does contain
- something carried down from version 7 Unix. Most parts of Networking
- 2 does not. There are also legal arguments that AT&T lost its
- copyright through its actions a decade ago (but we don't know whether
- the court will accept them).
-
- I think that some laymen assume that a kind of contagion is at work:
- if you come in contact with something illegal, then anything you do is
- illegal, and likewise for anyone who comes in contact with your work,
- and so on. This is not so.
-
- Copyright applies only to specific copying from AT&T code into your
- code. Trade secret law applies to disclosing specific secrets, and
- this depends on what you say. It does not presume that you have
- released a trade secret merely because you have had access to it.
-
- Some of the confusion may be due to the AT&T complain itself. It is
- natural to assume that AT&T is behaving reasonably: that their demands
- are lawful if their accusations are true. This is not even nearly so;
- in fact, the reason we know AT&T's conduct is outrageous, even though
- we don't know whether parts of Networking 2 contain any AT&T code, is
- precisely that they repeatedly say and do things which even the truth
- of their accusations would not justify.
-