[comp.windows.x] The OSF is *what*?

mouse@LARRY.MCRCIM.MCGILL.EDU (der Mouse) (09/13/89)

> From: inco!mack@uunet.uu.net  (Dave Mack)

> On to other news.

> I just received a phone call from a very nice gentleman at OSF,
> explaining that the code chunk I posted as an example of the sort of
> thing that was killing mwm is Copyrighted, and that, while OSF is not
> suing me, I will be getting a letter from their lawyers.  He was most
> apologetic about this, but OSF is apparently extremely concerned
> about the possibility of Motif accidentally slipping into the public
> domain.

I knew I wasn't going to actively pursue OSF stuff, but this is
ridiculous!

I just looked up your message.  You quoted:

- a comment of about a dozen lines, describing the wire version of
   something or other,

- a #define derived from the above information,

- the return value and argument pattern to a function (ie, the external
   interface - the part that must be documented elsewhere for the
   function to be useful),

- three variable declarations, two with initializations: one utterly
   trivial, one almost as trivial,

- three lines of code: two simple assignments, one augmented
   assignment.

And this is enough to scare the OSF.

You will never catch me using anything from this so-called "Open"
Software Foundation.  I will go out of my way to avoid doing so.
(If it comes on the X tape - maybe.  But not without a thorough
examination for anything that even looks as though it might be
different from the standard X copyright.)

					der Mouse

			old: mcgill-vision!mouse
			new: mouse@larry.mcrcim.mcgill.edu

steve@UMIACS.UMD.EDU (09/13/89)

   [Whoa, Steve, calm down, don't send the flame this started out to be...]

   If the situation is being accurately represented, then OSF is making a
major mistake, and deserves some serious flaming.

   If Dave Mack is getting beaten up for no more reason than has been
described, then I see myself in a situation where I can't post context diffs
to Motif sources, for fear of legal retaliation from some droid at OSF.
Others will feel the same way.  People will stop sending out diffs to Motif.
Everyone will have to reinvent the wheel whenever there is a problem to be
fixed.  People will soon give up, install XView (which has a potential
developer base *for the window manager and libraries*, I'm not talking about
application code) of several thousand skilled people, and flush Motif
entirely.  

   I know what I'm talking about.  The lawyers don't.  I've seen it happen.
Do *you*, OSF, want a bunch of legal types to keep your user interface from
winning?  I certainly don't want that to happen -- I'd much rather have
Motif win than XView, for reasons I've stated previously -- but as stuff
like this happens, I find myself saying at night:

	Steve, you can learn to like OPEN LOOK.
	Steve, you can learn to like OPEN LOOK.
	Steve, you can learn to like OPEN LOOK.

   Can someone from OSF present the OSF side of the story, and/or a public
apology to Dave Mack and to the sensibilities of the net, depending on which
is appropriate?

	-Steve

P.S:  If the OSF lawyers are this jumpy, I feel it necessary to state
explicitly that I am speaking for myself, not UMIACS, the University of
Maryland, or any other organization.

Spoken: Steve Miller    Domain: steve@umiacs.umd.edu    UUCP: uunet!mimsy!steve
Phone: +1-301-454-1808  USPS: UMIACS, Univ. of Maryland, College Park, MD 20742

scs@itivax.iti.org (Steve Simmons) (09/13/89)

mouse@LARRY.MCRCIM.MCGILL.EDU (der Mouse) writes:

>> From: inco!mack@uunet.uu.net  (Dave Mack)

>> I just received a phone call from a very nice gentleman at OSF,
>> explaining that the code chunk I posted as an example of the sort of
>> thing that was killing mwm is Copyrighted, and that, while OSF is not
>> suing me, I will be getting a letter from their lawyers.  He was most
>> apologetic about this, but OSF is apparently extremely concerned
>> about the possibility of Motif accidentally slipping into the public
>> domain.

>I knew I wasn't going to actively pursue OSF stuff, but this is
>ridiculous!
   [[and goes on to describe the original quote as 'trivial', then
    flames OSF for sending the letter.]]

Mouse, while I sympathise with your outrage it is misdirected.  The
legal system has been twisted to the point that *any* undefended abrogation
of copyright is grist for some *ssh*le to try and lever the whole thing
into non-copywritten status.  OSF is doing what is *has* to in order to
defend their copyright.  The original poster notes that OSF is being
very circumspect and apologetic about it, and he does not seem particularly
offended.
-- 
Steve Simmons		          scs@vax3.iti.org
Industrial Technology Institute     Ann Arbor, MI.
"Velveeta -- the Spam of Cheeses!" -- Uncle Bonsai

vania@osf.ORG (Vania Joloboff) (09/14/89)

This message only expresses personal opinion. It does not commit OSF.
                  
OSF has to find a trade off between:

1) If OSF allows people to communicate MOTIF code on the net,
someone could finally collect all the code without any license,
and then claim the whole thing is public domain.

2) On the other hand, OSF does not want to prevent technical 
discussions on the net and collection of bug fixes.

3) There exists for MOTIF licensees a mailing list, named motif-talk,
handled by OSF. Probably, the OSF lawyers have thought that discussion
should be confined to that mailing list: if you have a MOTIF problem,
it seems you want to talk to other motif users, who are on motif-talk,
and that talking to xpert would not bring much to you.
Actually, someone complained recently on xpert, that it was not
the place for MOTIF discussion.

My personal feeling is that OSF should allow MOTIF 'fragments' to be
publicly exposed, as far as the appropriate MOTIF Copyright and rights
of use would be totally reproduced in the messsage.

The question then is what is a 'fragment' ?
Should it be limited to at most one C function, one file,
a fixed number of lines ?

Vania Joloboff

csu@alembic.acs.com (Dave Mack) (09/16/89)

In article <8909131235.AA13992@fnord.umiacs.UMD.EDU> steve@UMIACS.UMD.EDU writes:
>   If the situation is being accurately represented, then OSF is making a
>major mistake, and deserves some serious flaming.
>
>   If Dave Mack is getting beaten up for no more reason than has been
>described, 

Whoa there. I'm the Dave Mack in question and as far as I know, no
copyright death squads are hunting me. They said they're going to send
me a letter. I'll probably survive it, unless they meant letterbomb.

I think you have excessive expectations regarding what the Open Software
Foundation is all about. The OSF products are "open" to OSF members. You
plunk down your twenty-five grand for membership, then you're entitled
to buy the Motif source for a grand, and presumably use it in your products.
(I haven't read the OSF License Agreement - I hope someone from OSF will
correct me if I'm wrong.) I understand that binary copies are available
for fifty bucks or thereabouts, although I don't know if you have to be
an OSF member to get those also. 

>	    then I see myself in a situation where I can't post context diffs
>to Motif sources, for fear of legal retaliation from some droid at OSF.

While the conversation I had did not deal with context diffs, the warning
I got strongly suggests that posting diffs would not be appreciated by
the OSF legal staff. The gentleman I spoke to gave me e-mail addresses
for some mailing lists specifically for the transmission of bug reports
and patches. I'm slightly hesitant to post the addresses - send e-mail 
if you want them.

>   Can someone from OSF present the OSF side of the story, and/or a public
>apology to Dave Mack and to the sensibilities of the net, depending on which
>is appropriate?

Dave Mack neither wants nor requires a public apology. Please get it
straight, folks: Motif is the intellectual property of the OSF. It is
not public domain. They're within their rights in asking me not to post
pieces of their code. We've come to take the ability to do that for granted,
particularly in the case of the BSD source and all the public domain stuff
we've become accustomed to, but this is a different ball game.

I appreciate the support from those who have posted, but there are
more important issues to get worked up about. Let's keep this in
perspective, OK?

Thanks,
Dave Mack

dbrooks@osf.osf.org (David Brooks) (09/16/89)

I wasn't going to react in public to all this, preferring to let it
work itself out (also, I prefer to coordinate with my colleagues
before posting, and it's now Saturday), but the referenced article
needs one particular immediate correction. (I diffidently apologize
for excessive diffidence).

In article <1989Sep16.054622.21479@alembic.acs.com> csu@alembic.acs.com (Dave Mack) writes:
[...]

(during, mostly, a factually correct and well-balanced description of
our process)

>I think you have excessive expectations regarding what the Open Software
>Foundation is all about. The OSF products are "open" to OSF members. You
>plunk down your twenty-five grand for membership, then you're entitled
>to buy the Motif source for a grand, and presumably use it in your products.

Source is available to *anyone*, as of last July 21.

>(I haven't read the OSF License Agreement - I hope someone from OSF will
>correct me if I'm wrong.) I understand that binary copies are available
>for fifty bucks or thereabouts, although I don't know if you have to be
>an OSF member to get those also. 

Binaries, which will allow you to build Motif applications without
Motif source, will come from your favorite platform vendor or
independent software vendor.

>While the conversation I had did not deal with context diffs, the warning
>I got strongly suggests that posting diffs would not be appreciated by
>the OSF legal staff. The gentleman I spoke to gave me e-mail addresses
>for some mailing lists specifically for the transmission of bug reports
>and patches. I'm slightly hesitant to post the addresses - send e-mail 
>if you want them.

As noted, anyone with a source license has source *and* access to our
support mailing lists; we handle support both by phone and
electronically.  Diffs have, in fact, been a significant component of
such lists during the open development process and have been of help to
improve the quality of Motif.  If you have a license, you have access
to the lists; if you don't, you don't need it.  What I'm trying to
say, gently, is: please don't ask Dave Mack for the lists.

(Unless, of course, you have one of the many bootleg copies out there :-)

btw, it was due to such interaction with early licensees that the
original problem posted by Dave was addressed several moons ago.
-- 
David Brooks			dbrooks@osf.org
Open Software Foundation	uunet!osf.org!dbrooks
11 Cambridge Center		(My views, and OSF's, though I didn't
Cambridge, MA 02142, USA	actually show this to my boss)

"Is this heaven?"
"No, it's Massachusetts."  -- Field of Dreams (paraphrase)

ron@xwind.UUCP (Ronald P. Hughes) (09/17/89)

In article <1989Sep16.054622.21479@alembic.acs.com>, csu@alembic.acs.com (Dave Mack) writes:
> The OSF products are "open" to OSF members. You
> plunk down your twenty-five grand for membership, then you're entitled
> to buy the Motif source for a grand, and presumably use it in your products.
> (I haven't read the OSF License Agreement - I hope someone from OSF will
> correct me if I'm wrong.) I understand that binary copies are available
> for fifty bucks or thereabouts, although I don't know if you have to be
> an OSF member to get those also. 

You don't have to be an OSF member to obtain Motif sources.  The price is
$1000.00, member or nonmember.  CrossWind Technologies, Inc. has the
distinction of being the first nonmember Motif customer.

OSF expects to receive $40.00 (quantity 1, with discounts for volume)
royalty per binary copy of Motif shipped by someone else.  The price
charged to the end user by that "someone else" could range from zero
to hundreds of dollars.  For instance, a platform manufacturer selling
a hunk of iron for $10,000 might just bundle in Motif "for free" and
pay OSF their due.  But a software vendor, selling and supporting
Motif binaries as part of their product line, might charge a customer
$500.00 and provide training, printed documentation, installation
assistance, etc., and of course pay OSF their $40.00.

The Motif binaries I'm referring to include the toolkit (lots of .o
object files in a bunch of .a libraries) and the Motif Window Manager
(mwm).  OSF does not charge any royalties for end-user applications
built using Motif (such as Synchronize(tm), a new multi-user
calendaring program with an easy-to-use graphics interface that
allows technical and nontechnical users to easily schedule meetings
without conflicts, maintain prioritized to-do lists, add popup
notes (such as meeting agendas), and so forth, which is going to
be shipped soon to select beta sites and will be available on
YOUR favorite X platform before the end of the year) [A marketeer
made me type all that].

As far as posting diffs are concerned, OSF maintains mailing lists
to which Motif source licencees (both members and nonmembers) can
be added.  All mail sent to these mailing lists (including diffs)
can be received by everyone with a (legal) copy of the Motif source.
Since these mailing lists exist, it just doesn't make sense to post
diffs to public newsgroups.  It chews up net bandwidth, since
presumably those without Motif source won't be that interested in
Motif source diffs, and it makes OSF's lawyers itch.

Speaking of OSF's lawyers, all of the above is just my opinion.
Contact OSF for the real facts.

Ronald P. Hughes		ron@xwind.com (or ...!uunet!xwind!ron)
CrossWind Technologies, Inc.	(408)335-4988

bzs@bu-cs.BU.EDU (Barry Shein) (09/17/89)

>Mouse, while I sympathise with your outrage it is misdirected.  The
>legal system has been twisted to the point that *any* undefended abrogation
>of copyright is grist for some *ssh*le to try and lever the whole thing
>into non-copywritten status.  OSF is doing what is *has* to in order to
>defend their copyright.  The original poster notes that OSF is being
>very circumspect and apologetic about it, and he does not seem particularly
>offended.

What's really looney-tunes is that I know *I* wouldn't want to be in
court defending a copyright on the basis that I have warned all
potential violators when it's public knowledge that I sent those
warnings out with a big wink of the eye that the sword I'm rattling is
made of rubber (all other metaphors void where prohibited by law)!

If the OSF wanted to do something truly constructive for their members
and the rest of the world they'd be funding a bunch of legal types and
lobbyists to undo the current rat's nest which hovers around copyright
etc. issues. Hopefully in a productive way. The current legal status
is nothing more (or less) than a full employment act for lawyers.

What good is producing software if no one can agree on what
constitutes ownership, safe "free" distribution, etc.?

It's like farming land you might be trespassing on or have no rights
to harvest from.

Whacko stuff.

-- 
	-Barry Shein

Software Tool & Die, Purveyors to the Trade
1330 Beacon Street, Brookline, MA 02146, (617) 739-0202
Internet: bzs@skuld.std.com
UUCP:     encore!xylogics!skuld!bzs or uunet!skuld!bzs

steve@UMIACS.UMD.EDU (09/18/89)

   I know about OSF membership.  I was one of the people here who suggested
that we (sound of switching hats from UMIACS to the CS Department) join.
We've been members since March-ish.  (It's worth noting in passing that
academic memberships don't cost $25K.  They're more like $5K or less, though
I no longer remember the exact figure.)  I also know what has to be done to
get Motif source.  My comments, past and present, about Motif source
availability are known.

   If there is a list for Motif fixes, and if *everyone* on that list sees
*all* the fixes that are sent to that list (i.e., it's not just a bugfix
repository like sunbugs@sun.com or 4bsd-bugs@okeeffe.berkeley.edu), that
will mostly solve the problem of access to fixes.  My only fear in this case
is that the readership still isn't wide enough.  For example, would I be
allowed on the Motif bugfix list, even though I'm not listed as the official
technical contact for UMCP CSD's membership with OSF?

   The issue of disallowing the posting of Motif diffs to public lists or
newsgroups still strikes me (in the absence of further information; I'd like
OSF to speak up and clarify) as unnecessarily paranoid, and perhaps
downright fascist.  I agree with Barry Shein's suggestion -- perhaps if
OSF wants to flex legal muscles, it should try to clean up the copyright
laws, rather than giving in to them.  Stupid laws deserve to be struck down.

   Now back to your regularly scheduled technical discussion...

	-Steve
	(mouthing off for myself again, and not for any of the organizations
	I might work for or deal with)

Spoken: Steve Miller    Domain: steve@umiacs.umd.edu    UUCP: uunet!mimsy!steve
Phone: +1-301-454-1808  USPS: UMIACS, Univ. of Maryland, College Park, MD 20742