Path: gmdzi!ira.uka.de!yale.edu!think.com!wupost!psuvax1!uxa.ecn.bgu.edu!mflll
From: bcsaic!de...@cs.washington.edu (Alan Deehr)
Newsgroups: comp.patents
Subject: Permission to use compress
Keywords: compress LZ
Message-ID: <62764@bcsaic.UUCP>
Date: 20 Dec 91 19:05:02 GMT
Sender: mf...@uxa.ecn.bgu.edu (Dr. Laurence Leff)
Organization: Boeing Computer Services ATC, Seattle
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Approved: pate...@cs.su.oz.au
Status: R
Temporary-Moderator: mfl...@uxa.ecn.bgu.edu



Can anyone provide any concrete information on the legal aspects 
of using the public domain versions of the source code for 
compress?

Here is our situation: we copied "compress" (James Wood/UCB 
version) from comp.sources and ported it to run on MVS. We would 
like to use the converted code internally within Boeing, and are 
happy to replicate the copyright notice required by UCB in our code. 
Thanks to the helpful note by Jean-loup Gailly, we are aware of the 
following patents covering LZ type compression algorithms or 
associated implemented techniques:

	4,464,650	Lempel, et al (assigned to UNISYS)
	4,558,302	Lempel, et al (assigned to UNISYS)
	4,814,746	IBM
	4,876,541	Storer
	5,049,881	Gibson & Graybill
	5,051,745	Katz
	pending	Fiala & Greene
	pending	Jung

Questions:

1. Does anyone know for sure which, if any, of these patents are 
infringed by "compress"?

2. Has UCB been granted a license by the relevant holders which 
would make this code legally usable by someone who picks it up 
from the net?

3. Have the relevant patent holders issued licenses to anyone else 
for software implementations of the protected algorithms? 

4. Does anyone know specific contact names and addresses of the 
relevant patent holders?

5. Any other information that you think helpful would be appreciated.



Thank you,

Kurt McMillen

k...@sdc.boeing.com
206-865-5514

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From: brns...@KRAMDEN.ACF.NYU.EDU (Dan Bernstein)
Newsgroups: comp.patents
Subject: Re: Permission to use compress
Message-ID: <9112222104.AA08200@KRAMDEN.ACF.NYU.EDU>
Date: 22 Dec 91 21:04:11 GMT
Sender: mf...@uxa.ecn.bgu.edu (Dr. Laurence Leff)
Organization: IR
Lines: 38
Approved: pate...@cs.su.oz.au
Status: R
Temporary-Moderator: mfl...@uxa.ecn.bgu.edu

Alan Deehr writes:
> Can anyone provide any concrete information on the legal aspects 
> of using the public domain versions of the source code for 
> compress?

Sure. There are no copyright problems with compress. However, patents
4,558,302 and 4,814,746 appear to cover LZW (aka MW1) coding, which
compress uses. Since 4,558,302 (Unisys) was filed after 4,814,746 (IBM),
it stands almost no chance of holding up in court. However, according to
a statement apparently from a PKware employee, Unisys has been quietly
extorting (uh, I mean, asking) license fees for 4,558,302. IBM can also
decide to get into the act any time it wants.

It is my understanding that 4,464,650 has not been claimed to cover
compress. It is also defeated by prior art published in 1978. The other
patents you mention were filed too late to affect compress.

> 2. Has UCB been granted a license by the relevant holders which 
> would make this code legally usable by someone who picks it up 
> from the net?

Such a thing would not be possible. You and UCB do not enter into a
contract when you pick up the compress code, so any rights UCB has been
granted don't apply to you. (They haven't been granted any rights here
anyway.) You and ``the relevant holders'' obviously haven't entered into
a contract. Unless the patent holders have waived their rights---and
they haven't---you don't get a free ride.

> 5. Any other information that you think helpful would be appreciated.

Mental process patents, such as the compression patents you mentioned,
are on very shaky legal ground. It's obvious that they're a problem---
patent examiners appear entirely incompetent to detect that two mental
processes are in fact the same. You should probably ask the Leage for
Programming Freedom, lea...@prep.ai.mit.edu, for information on software
patents.

---Dan