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Date:      Sun, 5 Sep 1999 19:12:36 -0700 (PDT)
From:      "Rodney W. Grimes" <freebsd@gndrsh.dnsmgr.net>
To:        obrien@FreeBSD.org (David E. O'Brien)
Cc:        cvs-committers@FreeBSD.org, cvs-all@FreeBSD.org
Subject:   Re: cvs commit: src COPYRIGHT
Message-ID:  <199909060212.TAA00969@gndrsh.dnsmgr.net>
In-Reply-To: <199909052133.OAA86138@freefall.freebsd.org> from "David E. O'Brien" at "Sep 5, 1999 02:33:47 pm"

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> obrien      1999/09/05 14:33:47 PDT
> 
>   Modified files:
>     .                    COPYRIGHT 
>   Log:
>   Update to add the July 22, 1999 addendum.
>   (ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change)
>   

I've finally gotten a chance to read this, and the BSD 4.4 License
agreement and the COPYRIGHT before and after this change and have
spotted a very dangerous potential legal problem.

By deleting this clause UCB opens the door to litigation under clause
4 if you should happen to mention them now in your advertising material,
before, when clause 3 existed, it was a very clear requirement to do so,
now doing so can become a legal burden.

I really wonder if UCB sought legal councel before making this change :-(

This publication of the change in no way changes Walnut Creeks, or my
or anyone elses _signed_ License.  That still requires mutual legal
execution of a written and signed amendment to the License.  And the
above mentioned reasons are why it is required to have mutually signed
amendments.  UCB in effect could try to claim I am volating thier
copyright clause 4 by printing an ad that says ``This product ...''.

I will contact UCB next week in an attempt to fix this minor legal
blunder on behalf of my License holders, I would suggest that WC
and anyone else out there under signed licenses to do the same.

I would also ask that no place should clause 3 be removed from any
UCB copyright.  It would directly place any true License holder in
a potential legal situation.

I know that UCB was just trying to be helpful, and probably didn't
want thier name on some of the products that it is now showing up
on, but they came up a few feet short on the completness aspect.

-- 
Rod Grimes - KD7CAX - (RWG25)                    rgrimes@gndrsh.dnsmgr.net


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