[net.unix-wizards] UNIX and AT&T

lauren@RAND-UNIX.ARPA (01/13/85)

I'm getting somewhat disgusted at these messages trying to find
ways to ridicule the Unix trade secret agreements by poking holes
in this or that.  It's as if people are now saying that since
AT&T *didn't* behave in a dictatorial manner when handling Unix
licenses (by not making *every* person who *touches* the system
sign *everything*, and not designing the system so that *nothing* was
readable, etc.) they are now subject to being laughed at.  People
seem to be saying that since AT&T *didn't* act like a scrooge
when it came to making the system available, and *didn't* play
big brother watching over all Unix users 24/hrs/day, they are 
now fair game for ridicule.  Hogwash.

I think these attitudes show a profound lack of ethics, regardless
of the legal issues (and those issues are considerably
more complex than messages in this list might lead one
to believe -- there's been one hell of a lot of MISinformation
being passed around this list on this topic.)

I'd like to know where some of these Unix gurus would be today
if AT&T hadn't used trade secret licensing (just about the only
way they had to make Unix available at the time) in the manner
they did.  Most likely many of you would be spending all your
time doing FORTRAN programming on a TOPS-20 system today.
(No, I'm not knocking TOPS-20 -- not here, anyway...)

I for one (and I don't care if I'm a cult of one on this score)
think that AT&T deserves one hell of a lot more respect on this
issue than many people seem to be giving them.

A personal opinion, of course.

--Lauren--

BostonU SysMgr <root%bostonu.csnet@CSNET-RELAY.ARPA> (01/14/85)

RE: Message of Lauren Weinstein....

Hear, hear. I agree. One of UNIX's strongest features
is the wide availability of the sources to everything
and it's design which makes it very source supportable
by reasonably able people. I have wasted more of my
life on systems that either wouldn't release the sources
at a reasonable price (or any price) or, when you got
the sources, were so impenetrable that they were nearly
useless. It would be sad to see AT&T bitten badly because
of their sanity. It would be worse yet to see them lose
that sanity, I think some of the reactions in this column
have been over fears of the latter (like all the unbundling
now going on.)

Unfortunately, lawyers will decide all this which means most
anything could happen.

		-Barry Shein

	i = 0 ;
	^ Bona fide UNIX trademarked source code!

aps@decvax.UUCP (Armando P. Stettner) (01/18/85)

Please, please, move the conversation regarding AT&T's UNIX
policies and such to another news group (like net.philosophy
or net.religion)!!  THIS DOES NOT BELONG IN UNIX-WIZARDS!

			PLEASE!!!!

Armando.

geoff@desint.UUCP (Geoff Kuenning) (01/18/85)

In article <7294@brl-tgr.ARPA> Barry Shein writes:

>RE: Message of Lauren Weinstein....
>
>Hear, hear. I agree. One of UNIX's strongest features
>is the wide availability of the sources to everything
>and it's design which makes it very source supportable
>by reasonably able people. I have wasted more of my
>life on systems that either wouldn't release the sources
>at a reasonable price (or any price) or, when you got
>the sources, were so impenetrable that they were nearly
>useless. It would be sad to see AT&T bitten badly because
>of their sanity. It would be worse yet to see them lose
>that sanity, I think some of the reactions in this column
>have been over fears of the latter (like all the unbundling
>now going on.)

Hang on there, Lauren and Barry!  Let's remember that this started out as a
question as to whether AT&T has the right to prohibit you from selling a
yacc-based program "because it includes /usr/lib/yaccpar".  The rest of the
discussion has been a legalistic one about whether they could make that
claim stand up in court.  It is not unnatural to extend such a discussion
to the more general question of whether AT&T could make ANY trade secret
claim about Unix stand up in court.  Most of these messages have been cross-
posted to net.legal, where this discussion belongs -- it's only in unix-
wizards because of the original note about yaccpar.

I cannot remember a single person stating or even implying that they approved
of stealing any part of Unix.  I certainly would not like to see AT&T lose
its ownership of Unix, because I think that would lead to impossible
fragmentation of versions.  But that does not prevent me from noticing that
AT&T has been rather sloppy in an area where the law does not permit
sloppiness.  Perhaps AT&T should be forgiven for being sloppy because they
were good guys;  to my mind that's a political question.

As to the original note about yaccpar, I am of the opinion that an attempt to
restrict the sale of yacc-derived parsers (other than perhaps collecting a
fair royalty on the yaccpar part) is restraint of trade.  You can fight that
with antitrust law, or you can fight it with the trade secret law.  The
principle that disallows patents, copyrights, and trade secrets on
knowledge available to the general public is designed to prevent such
restraint of trade.  In fact, (here I go again shooting my mouth off about
something I know nothing about) I wouldn't be surprised if you could beat
a royalty attempt on yaccpar by proving that it was substantially similar to
the one published by the Software Tools people.  That's an interesting part
of trade secret law that I don't know enough about.

In any case, I'm not suggesting stealing Unix (though I would fight an
attempt to keep me from selling yacc-processed programs just as hard as an
attempt to collect a royalty on cc-compiled programs).  I *am* suggesting
that AT&T continue its efforts to clean up its act (much as that causes
pain to the small 68000-type companies).  And I am also suggesting that
AT&T had better face up to the fact that part (not all, I hope) of Unix has
found its way into the public domain, and be prepared to deal with that
fact when somebody *does* try to do something unethical.  Personally, I'd
like AT&T Unix to include a directory full of "supported public domain
software".  Seems a pity for AT&T to not use its muscle to standardize
things like the strings packages and give them good support.
-- 

	Geoff Kuenning
	...!ihnp4!trwrb!desint!geoff

Paul Anderson <anderson@nrl-css.ARPA> (01/23/85)

Does anybody at SRI-CSL know anything about the INFO-LAW bbd?  According
to  file "addr" on directory "/u/msgs/info-law", somebody at SRI-CSL
was the moderator for this bbd.  Apparently, the last message on this
bbd was in July 1983.  How about getting this thing started again.
The first candidates are the "UNIX and AT&T" and the "YACC" discussions.

Anybody interested?  Let's hear from you.