Date: Sun, 12 Jul 1998 05:00:49 +0000 From: "Frank Pawlak" <fpawlak@execpc.com> To: Brett Glass <brett@lariat.org>, =?iso-8859-1?Q?Dag-Erling_Coidan_Sm=F8?= =?iso-8859-1?Q?rgrav?= <dag-erli@ifi.uio.no>, Greg Lehey <grog@lemis.com> Cc: Wes Peters <wes@softweyr.com>, freebsd-chat@FreeBSD.ORG, jasone@canonware.com, smoergrd@oslo.geco-prakla.slb.com Subject: Re: Microsoft's breaches of contract (was: FBSD license and multiple copyright holders) Message-ID: <980712050049.ZM15082@darkstar.connect.com> In-Reply-To: Greg Lehey <grog@lemis.com> "Re: Microsoft's breaches of contract (was: FBSD license and multiple copyright holders)" (Jul 12, 1:49pm) References: <grog@lemis.com> <rx4ogv71jwn.fsf@oslo.geco-prakla.slb.com> <199807040703.BAA02533@softweyr.com> <19980704165817.D358@freebie.lemis.com> <980704165941.ZM2483@darkstar.connect.com> <19980705102445.L358@freebie.lemis.com> <199807110349.VAA28411@lariat.lariat.org> <xzphg0o1a1n.fsf@hrotti.ifi.uio.no> <980712035135.ZM14948@darkstar.connect.com> <19980712134913.A635@freebie.lemis.com>
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On Jul 12, 1:49pm, Greg Lehey wrote: > Subject: Re: Microsoft's breaches of contract (was: FBSD license and mul > On Sunday, 12 July 1998 at 3:51:35 +0000, Frank Pawlak wrote: > > On Jul 11, 9:07pm, Dag-Erling Coidan Smørgrav wrote: > >> If you check the ftp(1) code (/usr/src/usr/bin/ftp/) you'll see it > >> uses the old-style four-clause BSD copyright, which requires all > >> advertising material for software derived from BSD-licensed code to > >> include the mention "This product includes software developed by the > >> University of California, Berkeley and its contributors." > >> > >> Obviously, they're not doing it. Equally obviously, nobody so far has > >> had the balls to challenge this practice. > > > > Are you absolutely sure that your information is correct? Can you provide the > > goods to prove that this is true? I would love to get that in front of the > > Wisconsin Attorney General and my congressman. You may not have one to write > > to, but I would be more than happy to write mine as your proxy. ;-) I hate M$ > > so much that I would be very happy to pass this on, but I need to be sure that > > it is correct. Don't want to look like a horse's ass. > > Before you get carried away, consider two other cases in point: Don't intend to get carried away with this. > > 1. During the UNIX wars, USL was found to have used BSD code without > appropriate acknowledgement--exactly the same situation as we're > talking about. The matter, along with the BSD camp's alleged > abuse of AT&T source, was settled out of court. I still don't see > the acknowledgements, for example on the Free UnixWare CD I got a > while back. I am under the impression that the terms of this settlement were never made public, is that true. > > 2. Microsoft licensed Java from Sun and then broke the terms of the > license. Despite its relevance to the Internet Exploder business, > the courts apparently ignored the problem, though it could have > been grounds for prohibiting the propagation of the product in > that form. The Sun vs. Microsoft case is due in court in September, so, I don't believe that the courts have taken any action on this issue. To the best of my knowledge the only case the courts have heard was to the DOJ case on the injunction against M$ regarding the bundling of IE with windows. This issues was up-held by a lower court and recently overturned by a higher court. I would agree that this should never have been overturned. IE at this point is clearly not a part of the OS. From what I've read the DOJ had some pretty bad experts testifying on this. In my mind the real issue is M$'s mis-use of their monoply power in system software and apps. The question is how far the DOJ will press that issue. There is a lot of FUD going around regarding the future of the US software industry if M$ gets spanked. IMHO, if they are left with business as usual, the only future is Redmond, and who needs that crap. Frank > > Greg > -- > See complete headers for address and phone numbers > finger grog@lemis.com for PGP public key > > To Unsubscribe: send mail to majordomo@FreeBSD.org > with "unsubscribe freebsd-chat" in the body of the message >-- End of excerpt from Greg Lehey To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message
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