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Date:      Wed, 5 May 1999 12:15:16 +0930
From:      Greg Lehey <grog@lemis.com>
To:        Stephen McKay <syssgm@detir.qld.gov.au>
Cc:        freebsd-chat@FreeBSD.ORG
Subject:   Re: Personal Unix Source Code License
Message-ID:  <19990505121515.B40359@freebie.lemis.com>
In-Reply-To: <199905041552.BAA11924@nymph.detir.qld.gov.au>; from Stephen McKay on Wed, May 05, 1999 at 01:52:42AM %2B1000
References:  <199905041552.BAA11924@nymph.detir.qld.gov.au>

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On Wednesday,  5 May 1999 at  1:52:42 +1000, Stephen McKay wrote:
> Hi!  I'm hoping some of the Personal Unix Source Code Licensees are on
> this list.

Well, I am, and I think there are a couple of others there too.

> I just wanted to get a few opinions before I signed anything.
>
> Is anybody worried about "taint"?  Back when USL was out to squash BSD,
> AT&T claimed that just seeing the code infected your mind with their
> intellectual property, and they wanted to put your brain in quarantine!
> The long and boring SCO agreement seems pretty tame, but I don't read
> these things often and might have missed something.

In fact, this was a rather silly offhand comment at the time, and
nobody except alt.folklore.computers took it seriously.

> I've had a few giggles over how I would reply if SCO ever exercised their
> right to know the "location, type and serial number of the DESIGNATED CPU".
> And the perpetually renewing 1 year agreements seem odd but harmless,
> unless SCO get bought out, I suppose.

This was discussed at some length in the pups list.  The opinion, even
unofficially from within SCO, was that this was to keep the suits
happy.  Here a couple of quotes:

[Warren Toomey, 26 Feb 1998]

> No, what the legal guys have done is take the original v7 license and
> alter it enough to keep us happy. This is why there are such hangovers
> as designated CPUs. They probably did this to:
>
>        + minimise the work they had to do, and
>        + prevent a product being licensed under widely different systems
>
> If they created a completely new license, there may be a legal slant:
> e.g hey I own an original Western Electric v7 license, and now SCO's
> selling licenses which allow export of code to China (for example).
> That's unfair, because my license prevents that. Sue, sue!!
>
> [Maybe I'm just being paranoid here].
> Anyway, the CPU restriction is BOGUS. SCO already have a binary license
> for v5, v6 and v7 which allows you to run these systems on an UNLIMITED
> number of CPUs. I can't see how they are going to enforce the CPU
> restriction in the new license.
>
> I think Dion suggested that auditing was probably not going to happen.
> Mind you, don't hold him to that!

Dion is Dion Johnson, Our Man at SCO.

[Warren Toomey, 4 Mar 1998]
> In article by Tim Shoppa:
>> Another stupid question: few of us (perhaps I'm the only one) have
>> CD-ROM readers/writers attached to PDP-11's.  Will those who have to
>> transfer the source kit through a PC-clone or other Unix workstation
>> have to license the intermediary machines with SCO?  In other words,
>> will the intermediary machines need to be registered as "DESIGNATED
>> CPU"s?
>
> My interpretation is this:
>
>        DESIGNATED CPU means all CPUs licensed as such for a specific
>        SOURCE CODE PRODUCT.
>
>        SCO grants to LICENSEE a personal, nontransferable and
>        nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
>        CODE PRODUCT identified in Section 3 of this Agreement, solely
>        for personal use [..] and solely on or in conjunction with
>        DESIGNATED CPUs [...]. Such right to use includes the right to
>        modify such SOURCE CODE PRODUCT and to prepare DERIVED BINARY PRODUCT
>        based on such SOURCE CODE PRODUCT,
>
> In my opinion, you can't USE the source code unless you have a CPU which
> run the machine code which is produced by the source code. I can't prepare
> a DERIVED BINARY PRODUCT if I don't have a PDP-11 or an emulator of such.

[end quotations]

> So, the real worry is that getting the Official (but Ancient) Unix Source
> might in some way inhibit my ability to engage in current day free Unix-like
> software development.
>
> Is it just the stuff they put in my water, or is there a valid reason for
> concern?

I think it's the stuff they put in your water.  This kind of
discrimination is illegal in most countries, including the USA and
Australia.

Greg
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