[comp.sys.ibm.pc] Who is the legal owner of OS/2 ??? -- Summary and question

X2Q@PSUVM.BITNET (Bougon, Michel) (07/15/87)

Earlier, I posted:
>
> OS2 is "the first product jointly developed by IBM and Microsoft under
> their joint development agreement".
>
> So, who is the legal owner of OS2 ???
>
>
     
     
I received three replies:
     
First, a reply from: dml@rabbit1.UUCP (David Langdon)
Organization: Rabbit Software Corp., Malvern PA
     
>>I believe that Microsoft is the legal owner of OS/2. They wrote the base
>>version and IBM is producing the Extended Edition of OS/2 by modifying the
>>base version.
     
That is probably not the answer because:
     
1.  IBM and MS jointly wrote the OS2 kernel starting in September 1985 (the
    year after the introduction of the AT).
    (Of course, every manufacturer will have to add to the OS2 kernel his own
    BIOS to obtain a working OS2).
     
2.  The OS2 kernels for MS and IBM are IDENTICAL
    (as stressed several times by MS officials).
     
3.  The Extended Edition is only the additional offering by IBM of two
    *applications* (Comm Mgr and DB Mgr) and involves (as stressed by
    MS officials) neither changes to the kernel nor special hooks into
    the kernel.
     
     
     
Second, a reply from: cbenda@unccvax.UUCP (carl m benda)
Organization: Univ. of NC at Charlotte, Charlotte, NC
     
>>IBM owns IBM OS/2
>>MICROSOFT owns MS OS/2...
>>simple eh?
>>/Carl
     
That is probably not the answer because, as mentioned above, IBM and MS wrote
OS2 together and the kernels of IBM-OS2 and MS-OS2 are *identical*.
     
     
     
Third, a reply from: From: dbercel@sun.uucp (Danielle Bercel, MIS Systems
Programming).   Organization: Sun Microsystems, Mountain View
     
>>In the currect issue of PC World there is an interview with Bill
>>Gates. In it he says that OS2 is Microsoft's product.
>>danielle
     
If by "product" you mean "property",
that is also not likely to be answer because:
     
1. when Bill Gates said "it is a Microsoft product", he was specifically
talking of the GDDM Presentation Manager.  But even if he had been talking of
OS2, that would not make Microsoft the owner, because,
     
2. "producing" does not entail ownership, as every employee learns soon.  In
law, ownership arises from financing and directing production as well as the
existence of a reporting situation where producers report to the financiers
and directors (the agent-principal legal concept and its corollary, the "law of
agency").
     
3. the directing ("control" in Gates's terms) (and probably the financing) was
done jointly by MS and IBM (although their respective insistence on "control"
of particular features was different depending on the OS2 area).
     
     
     
Thus, I think that the question is still open:
     
               Who owns OS2 ???
     
PS:  Just think of the future of microcomputers if IBM moves from being a DOS
licensee of Microsoft to, for instance, being a co-owner of OS2 (the IBM
designated successor to DOS).  Then, think of OS3.
     
----<end>----
     

bill@westpt.usma.edu (Bill Gunshannon) (07/17/87)

In article <16774X2Q@PSUVM>, X2Q@PSUVM.BITNET (Bougon, Michel) writes:
>      
> PS:  Just think of the future of microcomputers if IBM moves from being a DOS
> licensee of Microsoft to, for instance, being a co-owner of OS2 (the IBM
> designated successor to DOS).  Then, think of OS3.
>      

It looks to me like everything will work fine until it comes time to 
issue the new version to all the owners of OS8.
				
					OS9 ????

:-)

#include <the.usuall.disclaimers>

bill gunshannon


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