wmartin@almsa-1.arpa (Will Martin -- AMXAL-RI) (03/01/88)
For your info; the following just appeared in the RISKS Digest. Reading between the lines, it appears that AT&T's Canadian subsidiary is suing someone who bought a copy of UNIX at a receivership auction. ----- Forwarded message # 1: Date: Thu, 25 Feb 88 09:30 CST From: Ken De Cruyenaere <KDC%UOFMCC.BITNET@CUNYVM.CUNY.EDU> 204-474-8340 Subject: Billion Dollar Software for $900 ?? From the Feb. 23 issue of the Winnipeg Sun (reprinted without permission): COMPUTER PURCHASE OFFERS A BLUEPRINT FOR SUCCESS Toronto (CP) A man who bought computer equipment for $900 at auction last September is being sued by a Canadian subsidiary of a U.S. telecommunications giant, which says software included in the sale is worth billions of dollars. The story could prove embarrassing to the Ontario government. One of its agencies, the Ontario Development Corporation, turned over to a receiver valuable material. Norbert Stoeckl, president of the Scarborough Bone Analysis Clinic, purchased the source code and manuals for the UNIX operating system at an auction by Danbury Sales Ltd. ----- End of forwarded messages Now, the really interesting questions are not asked in the above. These include: 1) Why is the purchaser being sued, and not the people who sold it to him, or the original license holder, who probably violated the terms of the license by letting the software and manuals go as to-be-disposed-of assets? While the article is too sparse to give any real info, it would seem to me that the guy who bought the stuff at the auction isn't at fault in any way. If the software is considered "stolen property", then AT&T (what IS that subsidiary, anyway?) could have it confiscated by the police or sheriff (or whatever it is in Canada in this case) following normal procedures. Suing the innocent buyer doesn't seem appropriate. 2) Does this "sale" somehow publicize the "trade secret" aspects of UNIX, and is that why they are talking "billions of dollars"? After all, UNIX by itself costs $43K or thereabouts, last I heard. But that is a restricted license, not an actual sale. If this does somehow throw out AT&T's exclusive rights to sell UNIX, then one could make an argument for the value of the action being a lot more. (But "billions"? I'd agree to "millions"...) Seems like an interesting situation... Regards, Will Martin