From: bos...@toe.CS.Berkeley.EDU (Keith Bostic)
Subject: UCB/USL lawsuit settled
Date: 6 Feb 1994 19:35:05 -0800
Organization: University of California, Berkeley
Xref: bb3.andrew.cmu.edu comp.os.386bsd.announce:253 alt.suit.att-bsdi:525
comp.os.mach:1138 comp.os.misc:904 comp.unix.advocacy:586 comp.unix.bsd:4472
FOR IMMEDIATE RELEASE
UNIX System Laboratories, Inc. and the University
of California, Berkeley have announced they have reached an
agreement resolving their disputes. The settlement clears
the way for the University to release a new, unencumbered
version of the Berkeley 4.4 BSD operating system software,
to be called 4.4 BSD-Lite.
Ray Noorda, Chairman of Novell, Inc., which
recently acquired USL, called the settlement an "excellent
example of what can be accomplished by cooperation between
the business and academic communities." Mr. Noorda stated
that "the settlement permits the University to accomplish
its goals but preserves USL's legitimate interest in
protecting its intellectual property."
David Hodges, Dean of the College of Engineering
at University of California, Berkeley, said that the
settlement "once again allows the University to resume its
leading role of providing computer software technology
transfer to industry. By providing wide distribution of 4.4
BSD-Lite with minimal restrictions on its use, the
University will continue to be the focal point for both
software research in and commercial development of truly
The University of California was one of the
earliest licensees of UNIX operating system software, origi-
nally developed at AT&T's Bell Laboratories. In the 1980s,
Berkeley's Computer Systems Research Group issued a series
of "Berkeley Software Distributions" containing
modifications to the UNIX software. However, because of
licensing restrictions, public access to the source code for
many of those modifications has been limited to firms
holding licenses from USL, which acquired the rights to the
UNIX system from AT&T.
In July 1991, the University issued the "Second
Networking Release," also known as Net2, which was intended
to make available to the public those portions of the
Berkeley Software Distributions which were not subject to
license restrictions. However, USL brought a lawsuit
against the University, claiming that portions of the
release contained restricted material. The University
denied USL's claims. It also brought a separate action
against USL alleging that USL had violated the terms of its
Berkeley Software Distribution, also known as BSD, license
agreements by failing to give the University credit for
certain material in the UNIX release.
Over the past several months, attorneys and
computer scientists representing the University and USL have
worked together in an effort to reach a compromise on their
disputes. The result of these efforts will be a new,
unencumbered version of the latest Berkeley Software
Distribution called 4.4 BSD-Lite which will retain virtually
all of the functionality of the Second Networking Release
along with a number of enhancements from the University's
latest 4.4 BSD release.
The settlement restricts further use and distri-
bution of certain files in the Second Networking Release and
requires that certain files in 4.4 BSD-Lite include a USL
copyright notice. In addition to providing several
enhancements, the new 4.4 BSD-Lite Release will replace most
of the restricted files and incorporates all the agreed-upon
modifications and notices. Thus, 4.4 BSD-Lite will not
require a license from nor payment of royalties to USL. The
University strongly recommends that 4.4 BSD-Lite be substi-
tuted for Net2.
Although it has denied the University's claims,
USL has also agreed to affix the University's copyright
notice to certain files distributed with future releases of
the UNIX system and to give credit to the University for
material derived from BSD releases which have been included
in the UNIX system.
Copies of the source code for 4.4 BSD-Lite may be
obtained from the University at nominal cost. Source code
copies and further information on 4.4 BSD-Lite and the
restrictions on Net2 may be obtained from the Computer
Systems Research Group at (510) 642-7780. Information may
also be obtained from USL's licensing offices at
From: kols...@BSDI.COM (Rob Kolstad)
Subject: USL vs. BSDI Lawsuit Settled
Date: 6 Feb 1994 17:51:58 -0800
Organization: Berkeley Software Design
Summary: USL/BSDI Lawsuit Resolved
Keywords: BSDI, Lawsuit, USL
We are delighted to announce that the USL vs. BSDI lawsuit was settled on
Friday, February 4, 1994. The text of the joint press release reads:
UNIX System Laboratories, Inc./Novell Corporation ("Novell") and
Berkeley Software Design, Inc. ("BSDI") announce the settlement of
litigation based upon BSDI's distribution of its computer software
product known as BSD/386.
BSDI has agreed to substitute a port of the University of
California's forthcoming new release to be known as 4.4 BSD(Lite)
for BSD/386. For a limited period of time, BSDI may continue to
distribute its BSD/386 product, although certain portions of the
code may be distributed in binary form.
All other terms of the settlement are confidential.
All legal disagreements, suits, and countersuits have been resolved.
The announcement of UCB's settlement with USL enables us to begin the
integration of 4.4(Lite) immediately. Additionally, engineers will be
completing the SCO binary emulation mode and completing the port of BSDI's
operating system to the SPARC architecture.
BSDI's 1.1 release will ship in about a week: February 14, 1994.
We are delighted to have resolved our disagreements with USL and look
forward to a successful 1.1 product shipment and a bright future devoting
our full attention to our product and our customers.
/\ Rob Kolstad Berkeley Software Design, Inc.
/\/ \ kols...@bsdi.com 7759 Delmonico Drive
/ / \ 719-593-9445 Colorado Springs, CO 80919