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From: ed@mtxinu.UUCP
Newsgroups: comp.mail.uucp,comp.sources.d
Subject: Re: UUCP source code is protected.  End of discussion.
Message-ID: <319@mtxinu.UUCP>
Date: Mon, 23-Mar-87 17:05:37 EST
Article-I.D.: mtxinu.319
Posted: Mon Mar 23 17:05:37 1987
Date-Received: Wed, 25-Mar-87 05:26:11 EST
References: <1019@osiris.UUCP> <15442@sun.uucp>
Reply-To: ed@mtxinu.UUCP (Ed Gould)
Organization: mt Xinu, Berkeley, CA
Lines: 33
Xref: utgpu comp.mail.uucp:348 comp.sources.d:486

>>	It was pointed out to me that the licensing agreement covers the
>>entire distribution as trade secrets, but I don't see how that works when
>>public domain source is included with proprietary source (for example Mike
>>Muus' "ping" program). 
>
>AT&T doesn't distribute "ping".  Berkeley distributes "ping".
>Everything on BSD distributions that comes from AT&T source code (and
>yes, kids, this includes large chunks of the kernel, even in 4.3BSD)
>is protected by trade secret.

The legal advice I've recieved over the years says:

Almost, but not quite.  In order to cover their collective asses and
not become embroiled in controversies over whether or not any particular
code was AT&T proprietary, the Regents of the University of California,
in the license *they* require of all recipients of BSD tapes, have
the licensee agree that *all* of the material on the tape is to be used
in accordance with the terms of the licensee's AT&T license.  This means
that BSD licensees are obligated to treat all of the material on the
BSD tape *as if* it were AT&T trade secret information.

Ping may well be in the public domain.  But if the only copy you have
of it is one obtained from the BSD tape, then it's covered by the
license.  If you receive one from elsewhere - without restrictions -
then you may be free to redistribute it.

Consult a lawyer for real advice.

-- 
Ed Gould                    mt Xinu, 2560 Ninth St., Berkeley, CA  94710  USA
{ucbvax,decvax}!mtxinu!ed   +1 415 644 0146

"A man of quality is not threatened by a woman of equality."