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Date:      Tue, 23 Feb 1999 13:32:26 +1030
From:      Greg Lehey <grog@lemis.com>
To:        Terry Lambert <tlambert@primenet.com>, Gianmarco Giovannelli <gmarco@scotty.masternet.it>
Cc:        oleg@ogurok.com, freebsd-chat@FreeBSD.ORG
Subject:   Re: Lawsuit with Novel
Message-ID:  <19990223133226.L93492@lemis.com>
In-Reply-To: <199902230234.TAA13718@usr08.primenet.com>; from Terry Lambert on Tue, Feb 23, 1999 at 02:34:15AM %2B0000
References:  <4.1.19990222191438.009d3f00@194.184.65.4> <199902230234.TAA13718@usr08.primenet.com>

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On Tuesday, 23 February 1999 at  2:34:15 +0000, Terry Lambert wrote:
>>> I heard about some lawsuit between FreeBSD and Novel. What was this about?
>>> Any info on web? Just personal curiousity. Thank you.
>>
>> "In 1992, AT&T's subsidiary USL (UNIX System Labs) filled a lawsuit against
>> Berkeley Software Development Inc. (BSDI), the manufacteur of the BSD/386
>> and (later) BSD/OS operating systems, for alleged distribution of AT&T
>> source code in violation of license agreements. They subsequently extended
>> the case to University of California at Berkeley." (The Complete FreeBSD,
>> Lehey)
>
> BSDI = Berekeley Software Design, Inc.

Oops.  Thanks for picking up this one.

> Novel = Novell

This one isn't mine.

> As part of this, files from several critical subsystems were deemed
> "tainted", and removed from BSD 4.4 prior to distribution.
>
> UCB subsequently removed the code from distribution, and requested
> that others remove the code as well.  Few people complied, since (1)
> the license is irrevocable, and (2) USL did not press the matter,
> probably for fear of someone who wouldn't settle would take up the
> banner.  The code is still available from gatekeeper.dec.com, among
> other FTP archives.

Dr. Dobbs is also sitting on what I suspect is quite a pile of "386BSD
1.0" CD-ROMs, which are Net/2 based.  They came out in late 1994.

> The principles associated with 386BSD, FreeBSD, and NetBSD were not
> initially given the same deal as BSDI.  Instead, they were
> individually served with "Cease And Desist" orders.

Are you sure Bill Jolitz got one?  Dr. Dobbs were still actively
marketing their CD in late 1995.

>> They worked hard to release the new version, even because the 4.4BSD was
>> not fully complete at this time. FreeBSD version 2.0 was the first relase
>> based on the 4.4BSD and was released  in December 1994.
>
> It is my opinion that it was Novell/USG's opinion at the time that the
> non-BSDI Net/2 based projects would be unable to recreate the supposedly
> "tainted" files, and thus not threaten the Novell/USG UNIX royalty
> monopoly.  It is my opinion that the files removed were removed not for
> their content, but for their criticality.

I don't understand what you're trying to say here.  They had the files
in question, just as BSDI did.

Greg
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