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Date:      Sat, 4 Jul 1998 16:58:17 +0930
From:      Greg Lehey <grog@lemis.com>
To:        Wes Peters <wes@softweyr.com>, jasone@canonware.com, smoergrd@oslo.geco-prakla.slb.com
Cc:        freebsd-chat@FreeBSD.ORG
Subject:   Microsoft's breaches of contract (was: FBSD license and multiple copyright holders)
Message-ID:  <19980704165817.D358@freebie.lemis.com>
In-Reply-To: <199807040703.BAA02533@softweyr.com>; from Wes Peters on Sat, Jul 04, 1998 at 01:03:39AM -0600
References:  <rx4ogv71jwn.fsf@oslo.geco-prakla.slb.com> <199807040703.BAA02533@softweyr.com>

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On Saturday,  4 July 1998 at  1:03:39 -0600, Wes Peters wrote:
> My hidden microphone recorded  (Dag-Erling Coidan Sm?rgrav)
> (smoergrd@oslo.geco-prakla.slb.com) saying:
>
>> Jason Evans <jasone@canonware.com> writes:
>>> As the standard FBSD license reads, it seems to me that anyone who
>>> distributes a binary-only FreeBSD-based product is legally required to
>>> print reams of copyright notices in the documentation.  That sucks for the
>>> distributor and for the customers.
>>
>> It's there for a reason. I can't understand why UCB hasn't sued the
>> pants off Microsoft yet... The monkeys in Redmond are shipping
>> software under Berkeley license without including the proper magic
>> incantations in their advertising material or documentation.
>>
>> Wouldn't it be a ball to see Microsoft print "This product includes
>> software developed at the University of California, Berkeley" on the
>> cover of every single Windows 98 or Windows NT CD?
>
> You'll find exactly those kinds of copyright notices on the Intel
> Internet Station, the little dial-up router I worked on last year.
> You find them there, and on the "Legal Stuff" web page in the user
> interface, only because I put them into the web page myself, and
> raised such a stink about the lack of notices in the documentation
> and got the legal department involved, over the strenuous objections
> of the doc writer.  To their credit, the opinion from the legal
> department was rendered in mere hours, and boiled down to "put the
> copyright notices into the documentation or don't ship the product."

:-)

About 2 years ago I did a short contract for Siemens-Nixdorf in
Germany.  One of the things I did was some modifications to syslogd,
and I noticed to my horror that they had removed the copyright.  OK, I
was supposed to fix it, so I fixed that as well.  After I had left,
one of my colleagues (Jürgen Krause, one of the authors of the
original FreeBSD ISDN package, with whom, just by chance, I was
working) called me up and said "Greg, something seems to have gone
wrong with your commit.  You have the FreeBSD syslogd in there
instead".  I don't know if it's still in there, or whether they took
it out again.

> We researched copyright notices as diligently as possible in the
> time we had, given that Wind River Systems had removed the original
> copyright notices from much of the code, and credited UC Berkely,
> CMU, and the ISC.
>
> Why Microsoft cannot do the same is beyond me.  Somebody oughtta
> take'em to court.  Maybe Scott McNealy would loan us the bucks,
> on contingency?  ;^)

Now if there's one thing that *really* pisses me off, it's that nobody
has stopped Microsoft from shipping Internet Exploder because it is in
breach of contract.  I would have hoped that Sun could say "ship it
with correct Java, ship it without Java, or don't ship it".  If they
can't get that done, I don't see that they can help us in what is
primarily a matter of recognition.

Greg
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