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Date:      Thu, 4 Nov 1999 15:45:30 -0800 (PST)
From:      Julian Elischer <julian@whistle.com>
To:        Terry Lambert <tlambert@primenet.com>
Cc:        dg@root.com, Stephen.Byan@quantum.com, freebsd-fs@FreeBSD.ORG
Subject:   Re: journaling UFS and LFS
Message-ID:  <Pine.BSF.4.10.9911041531090.5441-100000@current1.whistle.com>
In-Reply-To: <199911042323.QAA20462@usr07.primenet.com>

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On Thu, 4 Nov 1999, Terry Lambert wrote:

> > >> >> Softupdates is definitely a viable solution however it does not address
> > >> >> several issues and the license is not a BSD license so it makes me
> > >> >> uncomfortable.
> > >
> > >The license issue is a Whistle thing.  Talk to Julian and get him
> > >to pound on Doug Brent, preferrably before December 31st of this year.
> > 
> >    How is the softupdates license a Whistle thing? It seems to me that it is
> > a Kirk McKusick and Sun MicroSystems thing.
> 
> Whistle requested the license so that Whistle could maintain an
> edge over the competition in the same product space.  The duration
> that it is under the license in the source tree was negotiated
> between Whistle and Kirk for that reason.
> 
> The purpose of the Whistle financial support for the implementation
> was technically to get rid of the UPS in the InterJet.  I was one
> of the main evnagelists of this approach within Whistle, having
> worked on an FFS with Soft Updates implementation at the company
> I worked at prior to coming to work for Whistle.
> 
> As I said, talk to Julian.  I believe we (Whistle) can (and always
> intended to) release the code under UCB license after recouping R&D
> costs, and there there was in fact a contractually specified date
> for this happening.  I don't currently have access to the contract.

Terry is slightly mis-stating the situation

Whistle basically asked Kirk what his plans were and offered to support
his development if he agreed that he would not licence it to a few
specified competitors (not my idea, buthte number is countable on one
hand). Obviously this only holds for as long as he is generally licensing
it. When he releases it, our agreement becomes void (Or so I beleive). I
vaguely remember that we had a request that it not be released in less
than N months or something. since N was less than or equal to M, which was
Kirks own needs, this was a non issue.

Basically Whistle didn't want to be subsidising some particular
competitors. On the other hand Whistle wanted the technology in FreeBSD
and generally usable. The agreement had a end-of-life clause
and I believe that it's actually run out, or close to it.

Part of this is that it had to be explainable to the investors as not
being a gift to the opposition.




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