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From: bar...@sdcrdcf.UUCP (Barry Gold)
Newsgroups: net.flame,net.unix,net.unix-wizards,net.legal
Subject: Where's the (c) on unix?
Message-ID: <933@sdcrdcf.UUCP>
Date: Wed, 21-Mar-84 18:41:16 EST
Article-I.D.: sdcrdcf.933
Posted: Wed Mar 21 18:41:16 1984
Date-Received: Fri, 23-Mar-84 21:02:07 EST
Reply-To: bar...@sdcrdcf.UUCP (Barry Gold)
Organization: System Development Corporation, Santa Monica
Lines: 200

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

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barryg
From: bar...@sdcrdcf.UUCP (Barry Gold)
Newsgroups: net.flame,net.unix,net.unix-wizards,net.legal
Subject: Re: Where's the (c) on unix?
Message-ID: <935@sdcrdcf.UUCP>
Date: Thu, 22-Mar-84 13:27:40 EST
Article-I.D.: sdcrdcf.935
Posted: Thu Mar 22 13:27:40 1984
Date-Received: Sun, 25-Mar-84 08:13:41 EST
References: <933@sdcrdcf.UUCP>
Reply-To: bar...@sdcrdcf.UUCP (Barry Gold)
Organization: System Development Corporation, Santa Monica
Lines: 17


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

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Path: utzoo!watmath!clyde!floyd!harpo!seismo!rlgvax!guy
From: g...@rlgvax.UUCP (Guy Harris)
Newsgroups: net.flame,net.unix,net.unix-wizards,net.legal
Subject: Re: Where's the (c) on unix?
Message-ID: <1823@rlgvax.UUCP>
Date: Thu, 22-Mar-84 23:54:07 EST
Article-I.D.: rlgvax.1823
Posted: Thu Mar 22 23:54:07 1984
Date-Received: Sun, 25-Mar-84 07:06:19 EST
References: <933@sdcrdcf.UUCP>
Organization: CCI Office Systems Group, Reston, VA
Lines: 29

> 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
m...@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

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From: m...@cbosgd.UUCP (Mark Horton)
Newsgroups: net.flame,net.unix,net.unix-wizards,net.legal
Subject: Re: Where's the (c) on unix?
Message-ID: <1137@cbosgd.UUCP>
Date: Fri, 23-Mar-84 01:13:01 EST
Article-I.D.: cbosgd.1137
Posted: Fri Mar 23 01:13:01 1984
Date-Received: Sun, 25-Mar-84 07:27:50 EST
References: <933@sdcrdcf.UUCP>
Organization: AT&T Bell Laboratories, Columbus
Lines: 11

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.

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Path: utzoo!watmath!clyde!burl!ulysses!mhuxl!ihnp4!cbosgd!mark
From: m...@cbosgd.UUCP (Mark Horton)
Newsgroups: net.flame,net.unix,net.unix-wizards,net.legal
Subject: Re: Where's the (c) on unix?
Message-ID: <1143@cbosgd.UUCP>
Date: Fri, 23-Mar-84 11:17:46 EST
Article-I.D.: cbosgd.1143
Posted: Fri Mar 23 11:17:46 1984
Date-Received: Sun, 25-Mar-84 09:36:12 EST
References: <933@sdcrdcf.UUCP> <1823@rlgvax.UUCP>
Organization: AT&T Bell Laboratories, Columbus
Lines: 18

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

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seismo!brl-vgr!gwyn
From: g...@brl-vgr.ARPA (Doug Gwyn )
Newsgroups: net.flame,net.unix,net.unix-wizards,net.legal
Subject: Re: Where's the (c) on unix?
Message-ID: <2837@brl-vgr.ARPA>
Date: Sat, 24-Mar-84 18:28:23 EST
Article-I.D.: brl-vgr.2837
Posted: Sat Mar 24 18:28:23 1984
Date-Received: Mon, 26-Mar-84 08:26:17 EST
References: <933@sdcrdcf.UUCP>
Organization: Ballistics Research Lab
Lines: 6

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.

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callan!geoff
From: ge...@callan.UUCP (Geoff Kuenning)
Newsgroups: net.unix,net.legal,net.sources
Subject: Re: Where's the (c) on unix? - legality of posting sources
Message-ID: <131@callan.UUCP>
Date: Mon, 26-Mar-84 17:50:49 EST
Article-I.D.: callan.131
Posted: Mon Mar 26 17:50:49 1984
Date-Received: Fri, 30-Mar-84 01:34:08 EST
References: <933@sdcrdcf.UUCP>
Organization: Callan Data Systems, Westlake Village, CA
Lines: 41

BTL UNIX is not copyrighted, it is protected as a trade secret.  This means
that copyright notices are not only not required, they could be interpreted
as voiding the trade secrecy.  If you read the standard Bell contract for
UNIX (if you don't have a copy, it can be found in "The Software Legal Book"
by Paul Hoffman), you will discover that it clearly states that ALL source
code distributed by Bell Labs as a part of UNIX is a trade secret of Bell Labs.
Further, there is a very long list of EVERY program and file that is covered
under the contract.

Now, trade-secret protection is a very tricky think.  It can be lost simply
by having the object of the secret be published.  For example, if I find out
the secret of Coca-Cola and print it in the LA Times, Coke Corp. can
prosecute me for the billions of dollars of damages I have done them.  But
the secrecy has been lost, and ANYONE else can use the formula without any
liability whatsoever.

This means to me that Bell cannot protect any shell script or other world-
readable ASCII file, regardless of what their contract says.  (Note that
this includes /usr/dict/words).  They also cannot protect anything against
programs such as "strings", or for that matter against disassembly.  They
CAN prosecute you for posting "dd.c" to net.sources--but, as I see it, once
you have done so, they cannot prosecute anyone else for making use of that
source file.

There are two caveats to this last statement:  first, don't get the bright
idea of posting /usr/src to the net.  In that kind of case, since everyone
on the net is *WELL* aware that the sources are actually a trade secret, I
could easily see a court deciding that anyone who made use of those sources
was civilly liable for damages.  Second, remember that when you post any
source to the net illegally, your institution as well as yourself is liable
for damages (because they are the holders of the license and are responsible
for making sure you don't misuse sources).  So if you want to bankrupt your
employer or your university, just post /usr/src to the net and make sure Bell
notices...

Final caveat:  I am not a lawyer or legally trained.  Believe the foregoing
at your own risk!

	Geoff Kuenning
	Callan Data Systems
	...!ihnp4!sdcrdcf!trwrb!wlbr!callan!geoff

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		       SCO Files Lawsuit Against IBM

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