[comp.text.tex] AT&T patent => X will not be free.

karl@CS.UMB.EDU (Karl Berry) (03/01/91)

Here is a letter from AT&T that suggests that the X window system will
not be free unless their patent is challenged and overcome.  Since many
TeX users use X for previewing, I think this is appropriate to post
here.  Furthermore, if AT&T succeeds with this, it will no doubt start
to approach other window systems that use backing store, and other
companies will also start attempting to enforce their patents.  (For
example, Cadtrak, a litigation company in California, holds a patent on
the use of XOR to draw cursors on a screen.)
 
It is almost certain that TeX and Metafont themselves violate
already-issued patents (no, I don't know of any specific ones; but
patents are issued on what programmers would consider trivial things.
Many thousands of software patents have been issued).
 
If you wish to do something to combat software patents (and interface
copyright), I suggest joining the League for Programming Freedom.  They
are organizing resistance to the AT&T patent.  You can get more
information by ftp to prep.ai.mit.edu:pub/gnu/lpf, or by mail to
lpf@prep.ai.mit.edu.  They have a position paper on software patents
that goes into great detail.
 
karl@cs.umb.edu
 
 
From: jkh@meepmeep.pcs.com (Jordan K. Hubbard)
Subject: AT&T Claims patent on part of MIT's X11 server.
Date: 20 Feb 91 14:38:26 GMT
 
I thought that this would be of general interest, to say the least..
 
The following letter has been sent by AT&T to all (to my knowledge)
MIT X Consortium members, though its claims potentially affect *all*
users of The X Window System, version 11 / revision 3 and above.
 
To quote the letter directly (all misreferences to "X Windows"
intentionally left in):
 
                                < Dated February 7, 1991 >
 
 
Dear <unfortunate X user>:
 
  AT&T is aware that your company/institution is an active
participant in the further development of the X Windows
System.  We assume that your company/institution is, or may
well be, commercially marketing or internally developing
products(s) which are based on an X Windows System
implementation.
 
  Consequently, we bring to your attention an AT&T patent
#4,555,775 invented by Robert C. Pike and issued on November
26, 1985.  The "backing store" functionality available in the
X Windows System is an implementation of this patented
invention, therefore, your company/institution needs a license
from AT&T for the use of this patent.
 
  We will be pleased to discuss licensing arrangements with
the appropriate organization in your company/institution.  To
expedite these arrangements, your response should be directed
to
 
Ms. O. T. Franz at:
 
 
                AT&T
                10 Independence Boulevard
                Room: LL2-3A28
                Warren, New Jersey  07059-6799
                Telephone: 908-580-5929
                FAX: 908-580-6355
 
 
  We look forward to resolving this matter in the near
future.
 
 
                                Very truly yours,
 
 
                                <signature>
 
                                A.E. Herron
                                Manager, Intellectual Property
 
Copy to:
L. Bearson
O.T. Franz
R.E. Kerwin
 
 
----
 
So. What more can I say? You are, of course, free to direct your
responses to those listed above.. :-)
 
One also wonders about other window systems using "backing store"
and the degree to which this patent will be enforced.
 
                                                Jordan
--
                        PCS Computer Systeme GmbH, Munich, West Germany
        UUCP:           pyramid!pcsbst!jkh jkh@meepmeep.pcs.com
        EUNET:          unido!pcsbst!jkh
        ARPA:           jkh@violet.berkeley.edu or hubbard@decwrl.dec.com
 
P.S.: I would feel bad if someone actually used that address to
comply with AT&T!  But if you want to write AT&T, that is probably a
good place to go.