Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 beta 3/9/83; site sdcrdcf.UUCP Path: utzoo!watmath!clyde!floyd!harpo!seismo!hao!hplabs!sdcrdcf!barryg 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
Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 beta 3/9/83; site sdcrdcf.UUCP Path: utzoo!watmath!clyde!burl!ulysses!mhuxl!ihnp4!zehntel!hplabs!sdcrdcf! 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
Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1a 12/4/83; site rlgvax.UUCP 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
Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 5/3/83; site cbosgd.UUCP Path: utzoo!watmath!clyde!floyd!harpo!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: <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.
Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 5/3/83; site cbosgd.UUCP 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
Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1 6/24/83; site brl-vgr.ARPA Path: utzoo!watmath!clyde!burl!ulysses!mhuxl!ihnp4!zehntel!hplabs!hao! 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.
Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 beta 3/9/83; site callan.UUCP Path: utzoo!watmath!clyde!floyd!harpo!seismo!hao!hplabs!intelca!proper! 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