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Date:      Tue, 23 Nov 1999 16:52:54 -0800 (PST)
From:      "Rodney W. Grimes" <freebsd@gndrsh.dnsmgr.net>
To:        obrien@FreeBSD.ORG
Cc:        current@FreeBSD.ORG
Subject:   Re: FreeBSD security auditing project.
Message-ID:  <199911240052.QAA43802@gndrsh.dnsmgr.net>
In-Reply-To: <19991123142258.C49964@dragon.nuxi.com> from "David O'Brien" at "Nov 23, 1999 02:22:58 pm"

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> > 2) I propose that <WE> diff(1) FreeBSD with {Open|Net}BSD,
> 
> This is not the easiest thing to do (I've tried).  Rather one should look
> at what changes OpenBSD has done to a piece of code since they imported
> it from NetBSD and compare with FreeBSD code to see if the OpenBSD change
> is applicable to us.
> 
> {Net,Open}BSD kept a lot of Net/2 [influenced] code (not sure how they
> were allowed to do that),

It's not so much that they where ``allowed'' to do it, it is more the
matter that they where never directly served with legal papers from USL/Novell
to cease all use of Net/2.  Nor did they ever enter into any agreement,
that I am aware of, with respect to Net/2 code with any party other
than UCB.

Walnut Creek and FreeBSD where sent letters by USL/Novell specifically
requesting us to cease all use of Net/2.  Out of this a formal and legally 
binding agreement between Walnut Creek and USL/Novell was reached, further
I belive Jordan Hubbard signed a like agreement on behalf of FreeBSD.

These agreements basically say that the parties would stop all use of
Net/2 based code and replace it with BSD4.4 Lite, which is what was
done.  There are more details, but those are ``not to be disclosed''.


One could make claim that Novell/USL seriously failed to do ``due dilegence'',
but they where not protecting a trademark, but instead a copyright and they
could, if they still owned the code. come along and slap NetBSD/OpenBSD
with a pretty healthy law suite.

> while we started fresh with 4.4BSD.  Thus diffs
> between us and them in userland utils and be quite different.
> 

Technically if I where to bring a NetBSD repository over to my box and
then let anyone other than myself even look at it I would be in violation
of the USL/Novell agreement due to the fact that the repository contains
Net/2 code.  :-(.

-- 
Rod Grimes - KD7CAX @ CN85sl - (RWG25)               rgrimes@gndrsh.dnsmgr.net


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