[net.unix-wizards] Where's the

barryg@sdcrdcf.UUCP (Barry Gold) (03/22/84)

Having heard from a friend that all of /usr/ucb except three programs was
public domain, I decided to look and see what was marked copyrighted and
what wasn't.  I have also obtained a list from RMS@MIT-AI of software
in the 4.2BSD tape that is believed to be in the public domain.
According to the list, the three programs are ex, eyacc, and wc.c.

I also looked through /usr/local/bin (and the corresponding /usr/local/src)
to see what was and wasn't copyrighted.  Some preliminary results on a
4.1 system:

CONTENTS OF /usr/ucb:

1kfix		eyacc		ls		pxref		vgrind
Mail		f		lsf		reset		vi
apl		finger		lsx		rewind		view
apropos		fmt		lxref		rotate		vmstat
biff		fold		man		script		vpq
ccat		from		mkstr		see		vpr
checknr		gets		more		soelim		vpr.nosoption
chfn		grep		msgs		ssp		vprint
chsh		head		newaliases	strings		vprm
clear		help		num		symorder	vtroff
colcrt		iul		page		tra		vwidth
colrm		l		pc		trman		w
compact		last		pi		tset		what
ctags		leave		pix		u		whatis
cxref		lisp		pmerge		ul		whereis
diffdir		liszt		print		uncompact	which
e		lnall		printenv	unexpand	whoami
edit		lock		prmail		uptime		xstr
error		lpq		pti		users		yes
ex		lpr		px		uudecode
expand		lprm		pxp		uuencode


I didn't check *all* these files, but here's the status of the ones I did
check:

source not found:
	uptime
	MH (and associated programs: comp,dist,folder,folders,forw,inc,
	   mh,mkprof,msg,next,prev,prompter,rmf,rmm,scan,show, sndmsg)

source access denied:
	Mail            uptime          ex (& vi)

Marked copyright Regents of UC:
	lisp            liszt           eyacc

Not marked:
	checknr         chsh            clear           colcrt
	colrm           compact         ctags           error
	expand          finger          fold            grep
	head            mkstr           more            msgs
	num             printenv        soelim          strings
	tset            ul              uncompact       unexpand
	uudecode        uuencode        w               wc
	what            whereis


CONTENTS OF /usr/local/bin:

MH		e15		indent		panout		sfcopy
Pnews		e15.help	ined		paragrep	show
TrmTERM		e17		ined.real	pick		sidel
a86		emacs		intext		pmail		sidl
adduser		emc		intext2		pmail.old	sidmdate
altacct		emc.new		istat		pmail2		sidmdump
ar86		emc2		itp		pmail2.old	sidmload
bban		etherwatch	itpz		prev		sidmread
bug.ar		fcopy		itpz.xdict	print1170	sidmwrite
c86		fd2		just		prompter	smail
calls		file		l		pupechosend	sndmsg
cchk		file.mh		l8086		pupechoserve	sqzdir
cdb		file.msg	last		pwd		su
central		find		lastcomm	qcalc		sysline
charge		fixlpr		ld86		ranlib86	sysline.old
charges		fixnews		lgrep		rcs		sysversion
ci		fixown		localcmd	rcsdiff		talk
cn		fjust		lock		rcsmerge	teco
co		folder		mail.mh.testin	rcssupport	tfix
code		folders		makefont	re		trace
comp		format		mc		recnews		tymnet
copy		fortune		menu		recover		umodem
cost		forw		mh		repl		unpack
cost.awk	fstodev		mkprof		report		usage
cpdir		ftp		more		rlog		userlog
cpfont		getfs		msg		rmail		uurec
d9700		iconc		netalias	rmf		v6run
d9700.old	icont		netnews		rmm		v7run
dbadd		iconx		netupd		rn		vanish
dbcreate	id		newacct		rogue.noshesc	vinodb
dblist		idel		newcmd		roll		vkbd
dbprint		ident		news		rpl		vsh
devf		idl		newsetup	run		wicomo
diracct		idmboot		newsetup.csh	run.csh		wicomo.real
dired		idmdate		newsgroups	sc		wm
dirstat		idmdump		newsinfo	scan		wmmore
dirtree		idmload		next		scopy		wmraw
dist		idmread		nm86		sdiracct	wmscrn
dropme		idmwrite	old_emacs	secure_csh	wmshmon
dscript		iidel		out		securesorry	xlisp
dvi		ilog		page		send		xroff
e		inajo		page.old	sendanews
e10		inc		panin		sendbnews


status of the files I checked:

source not found:
	Pnews   (local variant of inews)
	cchk    (c indentation checker)
	menu
	vkbd    (virtual keyboard compiler for e15)

source access denied:
	cdb     (c debugger)
	find
	ci,co,ident,rcs,rcsdiff,rcsmerge,rlog
		(part of Revision Control System - see below)

Marked copyright:
	emacs           copyright James Gosling
	RCS             source inaccessible, manuals say copyright
			Walter F. Tichy

Marked proprietary

	e15     proprietary Rand Corp.

Not marked:
	calls           code            dvi             fd2
	mc              more            pmail           talk
	umodem          vanish          vsh

Special cases:
        cchk was locally written and the author's home directory is
inaccessible

	rn was locally written; the source is in the author's home directory
and not marked in any way.

The only indication that much of the stuff even comes from a given source
is an RCSID line at the beginning of most of the ucb stuff.

===========> FLAME ON <============

How are we poor innocent programmers to know what's copyrighted and what
isn't if BTL doesn't bother marking the stuff and there's non-copyrighted
stuff in the same directories?

I'm perfectly willing to respect everyone's copyright (even the "big bad
guys" like IBM and BTL), but I think I'm entitled to fair notice!!!
Don't you?

Awhile back a fellow netter called me to task for including the entire
text of dd.c along with a fix I was sending out to net.sources.  I looked
back at it.  NOT ONE WORD ABOUT COPYRIGHT appears anywhere in the
original source.

I'm going to wait awhile for answers, but unless somebody comes up with a
good reason to assume otherwise, I'm going to assume that anything
that doesn't have a copyright notice is available to port to my home
system and putz with--except for stuff like dd that I have other reasons
to expect to be BTL property.

My thanks go to James Gosling, Walter F. Tichy, and the authors of lisp
for taking the trouble to put notices in their programs.  May the
Dark Trolls overtake BTL and anyone else who couldn't be bothered to
insert one measly comment with a notice at the start of their
proprietary programs.

For contrast, EVERY module of IBM's BSEPP program product starts out with:

**************************************************************
*                                                            *
*    5748-XX8     COPYRIGHT    I B M  CORPORATION    1979    *
*                                                            *
*    LICENSED MATERIAL - PROGRAM PROPERTY OF I B M           *
*                                                            *
**************************************************************

===========> FLAME OFF <============

How about it, you legal types out there?  My layman's understanding of the
new copyright law is that publishing something without a notice doesn't
void the copyright (as the old law did), but definitely limits the
copyright holders recovery rights against innocent infringers
(those who weren't notified.)

And you other authors:  anyone care to post your copyright notices where
people can see them?

Maybe we should have a non-expiring newsgroup to contain after-the-fact
copyright notices :-)

-- 
	Barry Gold
	usenet:         {decvax!allegra|ihnp4}!sdcrdcf!ucla-s!lcc!barry
	Arpanet:        barry@BNL

barryg@sdcrdcf.UUCP (Barry Gold) (03/22/84)

Follow up on the copyright status of the Rand Editor (e15).  The latest
distribution contains the notice:

#ifdef COMMENT
Copyright abandoned, 1983, The Rand Corporation
#endif

This distribution also includes a newer version, e17, with the same notice.

Additional thanks to the Rand Corporation for putting copyright notices in
their programs, and for keeping us up to date when the copyright was
abandoned.
-- 
	Barry Gold
	usenet:         {decvax!allegra|ihnp4}!sdcrdcf!ucla-s!lcc!barry
	Arpanet:        barry@BNL

guy@rlgvax.UUCP (Guy Harris) (03/23/84)

> source not found:
> 	uptime

> source access denied:
> 	Mail            uptime          ex (& vi)

Mail is not marked with any copyright notice, and "ex" is - copyright Regents
of the U of Ca.  The source to "uptime" is called "w.c" (ever notice how the
output of "uptime" looks like the first line of "w"?  There's a reason for
that...) and has no copyright notice; if you're curious about that one ask
mark@cbosgd.UUCP who wrote it.  (Mail also appears in Bell's System V Release
2 under the pseudonym of "mailx".)

> How are we poor innocent programmers to know what's copyrighted and what
> isn't if BTL doesn't bother marking the stuff and there's non-copyrighted
> stuff in the same directories?

NONE OF BELL'S UNIX CODE IS COPYRIGHTED.  IT IS PROTECTED BY TRADE SECRET
PROTECTION, WHICH IS MUTUALLY EXCLUSIVE WITH COPYRIGHTING.

They don't "publish" their code in an unrestricted fashion.  They make
everybody who buys UNIX source sign a license agreement with a non-disclosure
clause that says "I'm telling you a secret and you'd better not tell anyone else
if you don't want our lawyers on your *ss."  You can't blame Bell for not
putting a copyright notice on their code; you can possibly blame your
management for not explaining the terms of the UNIX license.

	Guy Harris
	{seismo,ihnp4,allegra}!rlgvax!guy

mark@cbosgd.UUCP (Mark Horton) (03/23/84)

The source to UNIX is not copyrighted.   It is, however, covered
by your UNIX license, which I suggest you read before you start
making public distributions of UNIX source code.  Basically, the
license (which SDC has signed, or you would not have a copy of UNIX)
says that the entire distribution is proprietary to Bell Labs, and
you may not disclose it to anyone who does not have a similar UNIX
license.  If you, as an employee of SDC, choose to publish (by posting
to Usenet) the source to UNIX, then SDC has violated their UNIX license,
and I would expect one dilly of a lawsuit by AT&T against SDC.  No doubt
SDC would not take kindly to your position in this matter.  In other
words, don't do it.

karl@dartvax.UUCP (Karl Berry) (03/23/84)

   Although you didn't mention it, I am almost sure that the language
compilers are copyrighted, or at least proprietary. ( What's the
difference? ) And I am closer to sure that `pc' and related
programs are. 
   ( We recently got a TeX tape here, and while reading through
some of the files, as well as some of the old TeX newsletters, it
appears that the whole tape can't be sent to Unix sites with only a
binary license, because the tape includes a complete Pascal compiler.
Thus, it would appear to be protected. )

karl@dartmouth          or        {cornell,decvax,linus}!dartvax!karl

mark@cbosgd.UUCP (Mark Horton) (03/23/84)

Yes, I wrote "w".  That program (and of course uptime, which is
just a link to w) are in the public domain, and not copyrighted.

In general, any program which is in Berkeley UNIX which did not
appear in UNIX/32V is almost certainly in the public domain.
It says so in your Berkeley UNIX license.  This includes Mail
as well.  It doesn't include ex or vi (also the same program)
because they have the V6 ed command buried inside them, and ed
is covered by the AT&T UNIX license.

Berkeley and AT&T do not make any promises about any particular
program falling into one category or another, although it is
possible to ask for an opinion about the history of any particular
program.  So if you publish or freely distribute a program from
Berkeley UNIX, you take the risk yourself - if AT&T claims that
the program is part of UNIX/32V and sues you, you're on your own.

	Mark Horton

kiessig@idi.UUCP (Rick Kiessig) (03/23/84)

	As Mark pointed out, UNIX is not covered by copyright,
but buy your license agreement with AT&T.  This agreement uses
Trade Secret Laws as its basis, not copyright.  I have always 
been told that one of the catches behind trade secret laws is
that once the secret "gets out", everything involved becomes
public domain.  This was one of the reasons for the large delay
in allowing UNIX into Mexico - I guess they don't support the
notion of trade secrets (everything belongs to the government,
or some such nonsense).

	So does this mean that if someone were to post the UNIX
sources to Usenet that AT&T could no longer find legal protection
in existing signed license agreements, and that UNIX would totally
go into the public domain?  Probably.  Anyone willing to sacrifice
their careers for The Cause?

-- 
Rick Kiessig
{decvax, ucbvax}!sun!idi!kiessig
{akgua, allegra, amd70, cbosgd, harpo, ihnp4, ios, qubix}!idi!kiessig

jhh@ihldt.UUCP (John Haller) (03/24/84)

A good place to ask about trade secret protection is cca!z,
as he ran into that problem in that his emacs was derived
from Montgomery's emacs, which is AT&T Bell Laboratories Proprietary,
otherwise known as trade secret.  How was AT&T able to force CCA
to request that everyone that had a copy of CCA emacs to remove it?
What if someone refused that request.  Does AT&T have any
means of forcing the receipients of that emacs to remove
all copies of it?
			John Haller

gwyn@brl-vgr.ARPA (Doug Gwyn ) (03/25/84)

UNIX sources from AT&T are not "published".  They are provided UNDER
LICENSE.  If you read your agreement with AT&T (or Western Electric)
you will see that you are not entitled to appropriate the software
for use on an unlicensed CPU.

Be careful, I suspect AT&T has better lawyers than you have.

dave@infopro.UUCP (David Fiedler) (03/25/84)

<munch!>

I may as well put my two cents' worth in. Something that's been bugging me
for awhile is this: let's say you work in various jobs where you have
access to UNIX (tm) source code, then find yourself in a new company with
binary license only. You are now in a quasi-legal limbo. You are not
allowed to go to any public seminars where a source license is a
prerequisite for attending, even though you might have done kernel hacks,
device drivers, and everything else at your old positions.

While I don't advocate that people carry copies of source from job to job
(which is patently illegal or at least dangerous), there could be some
mechanism set up so that people in this position won't have to find
themselves out in the cold: a guru one day, and an outcast the next. 
"That's the biz, sweetheart..."
          Dave Fiedler
{harpo,astrovax,philabs}!infopro!dave

gwyn@brl-vgr.ARPA (Doug Gwyn ) (03/27/84)

This one's easy:  Insist that your new employer have or get a UNIX
source code license as a condition of your employment.

richard@sequent.UUCP (03/27/84)

>>	So does this mean that if someone were to post the
>>  UNIX sources to Usenet that AT&T could no longer find legal
>>  protection in existing signed license agreements, and that
>>  UNIX would totally go into the public domain?  Probably.
>>  Anyone willing to sacrifice their careers for The Cause?

I certainly hope no one martyrs themself for "The Cause" since
the publication of Unix kernel would essentially remove all
incentive for anyone to maintain it.

___________________________________________________________________________
The preceding should not to be construed as the statement or opinion of the
employers or associates of the author.    It is solely the belief...

			from the confused and bleeding fingertips of
				...!sequent!richard

phipps@fortune.UUCP (Clay Phipps) (03/29/84)

In a related matter, I remember hearing a while back
that all of IBM's OS/360 source code is now "public domain".
I vaguely recall that this applied to OS/360 tools such as the compilers.
IBM's OS/360 source code and internal documentation all bore the legend:
"Licensed Material -- Property of IBM", along with a copyright notice.

No flames, please, this is not to say that you'd really want to use it
(and certainly not JCL; perhaps some UNIX-like shell could be hacked in ?),
but the legal questions may be very similar.

I wonder what this means for owners of the S/370-compatible
(except for io architecture) IBM XT/370 ?
Why be required to be part of a mainframe installation (for megabucks)
that licenses VM to you when you can use OS/360 for free ?
Remember, it's multitasking in its MVT incarnation,
and many 1 MIPS IBM mainframes did a lot with only 1 MB of memory.
The resident part of the OS was about 96KB on a S/360-65, as I recall,
and the standard 2314 14-inch disk was only 40MB back then !

Of course, there is the fundamental problem that to OS/360,
an interactive task was just a high priority batch job.

Any legal eagles out there who can explain why UNIX will not also
become "public domain" in the future ?

-- Clay Phipps

-- 
   {amd70  cbosgd  decwrl!amd70  harpo  hplabs!hpda  ihnp4
    megatest  nsc  oliveb  sri-unix  ucbvax!amd70  varian  allegra}
   !fortune!phipps

rcd@opus.UUCP (03/30/84)

<>
The copyright notice for UNIX (a trademark of Bell Laboratories), and
appurtenant legal ramifications of it, are contained in the license
agreement.  If your site is licensed to have source code, and if you are
permitted access to that source code, you should have been made aware of
the legal implications of that access.  If you haven't, it's the fault of
the administrator or other responsible party at your site.  If you're
trying to get your site administrator in deep trouble by claiming that you
don't know about the restrictions on UNIX source code, I suspect you're off
to a good start, since notifying you is his responsibility.

Why is this posted to net.flame as well???  <<FLAME ON>>  Why do a few
people insist on trying to dodge the various protections of copyright,
trademark, patent, etc.?  Is it so galling to respect someone's (or some
organization's) right to his(their) discoveries/inventions/creations?  Are
you so jealous of the creative/active people?  I think that it would be
nice if we could at least realize that the base of the software that 95+%
of us are running in order to exchange these views wouldn't be out in the
big world if somebody couldn't make enough money on it to make the
distribution worthwhile.  Unless you've ever had to write a PROCEDURE DIVISION
or type a long string of DD statements as part of making your living, you
probably can't appreciate just how big a step UNIX really is.  <<FLAME
OFF>>

More basically, it would have been reasonable to ask, "Why don't I see the
copyright notice on UNIX source code modules?" instead of claiming that,
since the notice isn't there, no copyright protection should exist.
-- 
{hao,ucbvax,allegra}!nbires!rcd

mcdermot@unmvax.UUCP (03/30/84)

<garbage>
Does all this discussion about trade secrets and publication imply that the
publication of the V6 kernel by (I believe) the University of New South Wales
made V6 public domain?  Could I type in the code and sell it without paying
Bell?

-- 

John McDermott			{gatech|ucbvax|convex}!mcdermot
Univ of NM			W (505) 277-4650 |...was parsec
Albuquerque, NM 87131		H (505) 255-7796

kiessig@idi.UUCP (Rick Kiessig) (04/01/84)

	Actually, the Lyons books were published with very stiff
copyright/licensing restrictions.  The front of all of the books
say something like "This document may contain information covered
by one or more licenses, copyrights and non-disclosure agreements.
Circulation of this document is restricted to holders of a license
for the UNIX Software System from Western Electric.  All other
circulation or reproduction is prohibited."  I remember back when
they first came out we had to write to Lyons and ask special
permission to reproduce the documents - at that time (1977) what he
said was that we could make ONE copy only per original - and
we only one original.  Something tells me lots of people didn't
afford him that courtesy.

	So, no, just because someone published the source code
already doesn't mean you could type it in and resell it - that
publication is covered under license just like everything else.

-- 
Rick Kiessig
{decvax, ucbvax}!sun!idi!kiessig
{akgua, allegra, amd70, cbosgd, harpo, ihnp4, ios, qubix}!idi!kiessig

lcc.csk@UCLA-LOCUS.ARPA (04/24/84)

From:            Charley Kline <lcc.csk@UCLA-LOCUS.ARPA>

Having recently asked my computer lawyers the same questions,
changing all the nouns in a program or all the for loops
to while loops would still be an infringement of copyright.

If you write a book and copyright it and I reset it in type so
that it is formatted differently, it is an infringement.
If I write a book and take a section from your book, that is
an infringement.

However, if you use the phrase "I went to the store" and I
also happen to use that phrase, that is not an
infringement since this phrase is too general to copyright.

Thus, determining when your work infringes upon another's is
up to the courts to decide on a case by case basis.  Obviously
they take into account such things as whether the way you wrote
code is the only way to do the particular function and things like that.

By the way, unlike patent law, in which you own the invention,
copyright law does not protect independent recreation of the
same work.  (If you went off into the desert and wrote
War and Peace all by yourself, this would not be
a copyright infringement, but, obviously, no one would believe
you did that and you would almost certainly lose in court.)