[comp.sources.d] uucp source copyright status - IMPORTANT

mjranum@gouldsd.UUCP (03/20/87)

	The other day I happened upon something QUITE interesting that I
think might spark some discussion. (We have a source license here for Sun
UNIX, so don't bother having your lawyers call me). Anyhow, I noticed that
THE SOURCE FOR UUCP HAS NO COPYRIGHT NOTICES IN IT except for in some of
the more recent utilities such as uuencode and uudecode. 

	"Hmmm.... very funny, thinks I..."
	
	I called one of my friends who has source license for a dual-port
OS, including AT&T source and BSD, and asked him the same question. Same
answer. Noplace (unless grep is broken) were the magic words 'copyright' to
be found. (again, except for the newer tools). uucico, uuxqt, and all those
goodies were dated but not copyrighted. In fact, I took a look at some old
old hardcopy another fellow I know has, and there were no copyright notices
in version 7 either.

	I contacted the offices of AT&T (the email address fcp@alice) that
was given by the fellow from the licensing dept during the recent 'public
domain yacc' scandal. I asked them what the deal is. I got a note saying
that "we'll get back in touch with you". My questions are as follows, and 
I invite all comments and answers from the net:

1) what *REALLY* is the copyright status of uucp ?
2) regardless of the answer to the above, what does a total lack of
	copyright notices mean ?
3) can someone be held legally at fault for, in all good faith, assuming 
	that the global abscence of copyright information indicates that
	the code is public-domain, and (for example) posting it to the net ?

	The last comment there is playing the devil's advocate, but I think
you see my point. Those of us who frequent the grey areas of bulletin boards
know all to well the *REAL* status of anything that doesn't carry a copyright
notice. Why is uucp different other than the fact that AT&T's lawyers outnumber
the populace of Lichtenstien ?

	I invite discussion of this, and encourage those of you who have 
source licenses to check your sources and let me know what you find.

"Quick, Jeeves, my asbestos underwear !!"

--mjr();


-- 
"It is better to shred the bugger than to bugger the shredder."
					-ancient doltic proverb.

ron@brl-sem.UUCP (03/21/87)

In article <480@gouldsd.UUCP>, mjranum@gouldsd.UUCP (Marcus J Ranum) writes:
> 
> 	The other day I happened upon something QUITE interesting that I
> think might spark some discussion. (We have a source license here for Sun
> UNIX, so don't bother having your lawyers call me). Anyhow, I noticed that
> THE SOURCE FOR UUCP HAS NO COPYRIGHT NOTICES IN IT except for in some of
> the more recent utilities such as uuencode and uudecode. 

Up until very recently you never found a copyright notice in UNIX software.
UNIX is not protected by copyright, but rather by trade secret.  In your
agreement with AT&T (or Western in the old days), you agreed not to
divulge the UNIX source code nor information on how it operates.  Despite
the lack of copyright notices in UUCP, it is still AT&T proprietary.

-Ron

ddb@viper.UUCP (David Dyer-Bennet) (03/23/87)

In article <480@gouldsd.UUCP> mjranum@gouldsd.UUCP (Marcus J Ranum) writes:
>3) can someone be held legally at fault for, in all good faith, assuming 
>	that the global abscence of copyright information indicates that
>	the code is public-domain, and (for example) posting it to the net ?
>
>	The last comment there is playing the devil's advocate, but I think
>you see my point. Those of us who frequent the grey areas of bulletin boards
People only have access to the AT&T uucp source under an explicit license
agreement, which they would be violating if they posted the source to the
net.  Copyright isn't the only way to protect computer software!  In fact,
copyright makes it certain that the code WILL eventually fall into the
public domain; it may be that they have deliberately NOT copyrighted the
code for that reason.
-- 
David Dyer-Bennet
UUCP: ...{amdahl,ihnp4,rutgers}!{meccts,dayton}!viper!ddb
UUCP: ...ihnp4!umn-cs!starfire!ddb
Fido: sysop of fido 14/341, (612) 721-8967

geoff@desint.UUCP (03/23/87)

Keywords:

In article <694@brl-sem.ARPA> ron@brl-sem.ARPA (Ron Natalie <ron>) writes:

> Up until very recently you never found a copyright notice in UNIX software.
> UNIX is not protected by copyright, but rather by trade secret.  In your
> agreement with AT&T (or Western in the old days), you agreed not to
> divulge the UNIX source code nor information on how it operates.  Despite
> the lack of copyright notices in UUCP, it is still AT&T proprietary.

I'd decided to keep my trap shut about this during the recent Yacc
controversy, but since Ron's mentioned it I thought I'd toss in my two
cents' worth.  The interesting thing about trade secrets is that if
they ever get publicly exposed, even if it's through malice, they are
effictively lost.  The interesting thing about copyrights is that, if
you can prove that the copyrighted material was ever published WITHOUT
a copyright notice, you can't ever claim copyright.

I will leave you to draw your own own conclusions about Yacc on the
DECUS tape.  You ain't gonna catch ME prodding the AT&T lion.

WARNING:  I'm not a lawyer.  If you take actions based solely on the legal
opinions in this article, you are an idiot and I do not accept
responsibility.
-- 

	Geoff Kuenning
	{hplabs,ihnp4}!trwrb!desint!geoff

ed@mtxinu.UUCP (03/24/87)

In article <480@gouldsd.UUCP> mjranum@gouldsd.UUCP (Marcus J Ranum) writes:
>	The other day I happened upon something QUITE interesting ...
>THE SOURCE FOR UUCP HAS NO COPYRIGHT NOTICES IN IT except for in some of
>the more recent utilities such as uuencode and uudecode. 

The legal advice I've received over the years indicates:

The lack of copyright notices is essentaially irrelevent.  The source
licence under which you received the code protects it as a *trade
secret,* which means that it contains "intellectual property" of the
licensor and that it may be disclosed only in accordance with the terms
of the license.

The original Unix sources were protected only as trade secrets.  It is
only recently that vendors have been adding copyrights to the source as
well.  Copyright does not imply anything about trade secret, i.e.
trade secret items may or may not be copyrighted as well.

Nor does the lack of copyright notice imply lack of copyright.  I don't
remember the details, but recent (well relatively recent - it was
within the last 10 years) legislation has allowed for copyrighting of
materials even if no notice is given.

Consult a lawyer for real advice.

-- 
Ed Gould                    mt Xinu, 2560 Ninth St., Berkeley, CA  94710  USA
{ucbvax,decvax}!mtxinu!ed   +1 415 644 0146

"A man of quality is not threatened by a woman of equality."

ed@mtxinu.UUCP (03/24/87)

>The interesting thing about trade secrets is that if
>they ever get publicly exposed, even if it's through malice, they are
>effictively lost.

This is not necessarily true.  It depends on the nature of the
exposure and the particulars of the contracts.

>                   The interesting thing about copyrights is that, if
>you can prove that the copyrighted material was ever published WITHOUT
>a copyright notice, you can't ever claim copyright.

This is no longer true.  Recent changes in copyright legislation
have made it possible to claim copyright even after a work has
been released without any copyright notice.

-- 
Ed Gould                    mt Xinu, 2560 Ninth St., Berkeley, CA  94710  USA
{ucbvax,decvax}!mtxinu!ed   +1 415 644 0146

"A man of quality is not threatened by a woman of equality."