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Date:      Sun, 12 Jul 1998 13:49:13 +0930
From:      Greg Lehey <grog@lemis.com>
To:        Frank Pawlak <fpawlak@execpc.com>, Brett Glass <brett@lariat.org>, =?iso-8859-1?Q?Dag-Erling_Coidan_Sm=F8rgrav?= <dag-erli@ifi.uio.no>
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:  <19980712134913.A635@freebie.lemis.com>
In-Reply-To: <980712035135.ZM14948@darkstar.connect.com>; from Frank Pawlak on Sun, Jul 12, 1998 at 03:51:35AM %2B0000
References:  <grog@lemis.com> <rx4ogv71jwn.fsf@oslo.geco-prakla.slb.com> <199807040703.BAA02533@softweyr.com> <19980704165817.D358@freebie.lemis.com> <grog@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>

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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:

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.

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.

Greg
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