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- From: friedman@gnu.ai.mit.edu (Noah Friedman)
- Newsgroups: gnu.misc.discuss,comp.os.mach
- Subject: Re: AT&T USL vs. BSDI/UCB, Mach3, OSF/1, GNU HURD, Linux
- Message-ID: <FRIEDMAN.92Sep6164020@nutrimat.gnu.ai.mit.edu>
- Date: 6 Sep 92 20:40:20 GMT
- References: <PCG.92Aug30225902@aberdb.aber.ac.uk> <37649@sdcc12.ucsd.edu>
- <PCG.92Sep5151041@aberdb.aber.ac.uk> <18b52oINNicr@agate.berkeley.edu>
- Sender: news@ai.mit.edu
- Followup-To: gnu.misc.discuss
- Organization: Free Software Foundation, 675 Mass Ave. Cambridge, MA 02139
- Lines: 44
- In-reply-to: jbuck@ohm.berkeley.edu's message of 5 Sep 92 20:24:56 GMT
-
- In article <18b52oINNicr@agate.berkeley.edu> jbuck@ohm.berkeley.edu (Joe Buck) writes:
- >Example: USL proposes a code comparison, and many similarities are found,
- >between SVR4 and Networking-2. Our side THEN shows that in 95% of such
- >cases, the code was written at Berkeley (or contributed to BSD Unix by
- >some other University group) and then it later became part of SVR4, and
- >that the ideas flowing in the reverse direction are really old technology
- >that every computer science major knows.
- >
- >The judge might very well conclude that USL owes Berkeley more of an
- >intellectual debt than vice versa. Then sue 'em for damaging the good
- >name of the university, legal harassment, etc, etc.
-
- I asked rms about this, and here was his reply:
-
- ----------------------------------------
-
- Be cautious about projecting what might happen in court if you don't
- check it with a lawyer. I've had many extensive discussions with
- lawyers about intellectual property topics, and I still find that the
- conclusions I reach are often wrong because of factors I didn't know
- about.
-
- Example: USL proposes a code comparison, and many similarities are found,
- between SVR4 and Networking-2. Our side THEN shows that in 95% of such
- cases, the code was written at Berkeley (or contributed to BSD Unix by
- some other University group) and then it later became part of SVR4,
-
- We should not assume that a court will consider this relevant. But
- the terms of BSD gave AT&T permission to use the code from BSD; if
- AT&T did so, giving credit as required, the judge might say this was
- irrelevant because it was permitted.
-
- It is also possible that it would lead the judge to sympathize more
- with UCB. One cannot tell.
-
- Most likely, Berkeley sources won't be compared with SVR4 sources,
- because Berkeley never had SVR4 sources. Berkeley received Unix 32v,
- which was basically version 7. The question is whether Berkely copied
- any of 32v into Networking 2. People trying to judge this will
- compare against 32v sources, not against SVR4.
-
- The issue of AT&T's intellectual debt to CSRG is relevant in the
- public relations arena which is where the first battle is being
- fought. The public may care even if the court does not.
-