From alt.suit.att-bsdi Thu Mar 11 13:20:16 1993 Xref: utcsri comp.unix.bsd:13308 alt.suit.att-bsdi:1075 Path: utcsri!rpi!usc!wupost!uunet!dtix.dt.navy.mil!mimsy!jds From: jds@cs.umd.edu (James da Silva) Newsgroups: comp.unix.bsd,alt.suit.att-bsdi Subject: BSDI: 1 USL: 0 Summary: injunction denied Message-ID: <64956@mimsy.umd.edu> Date: 10 Mar 93 15:43:44 GMT Sender: news@mimsy.umd.edu Followup-To: alt.suit.att-bsdi Organization: University of Maryland, Department of Computer Science Lines: 75 Congratulations to BSDI! Anyone have any word on whether Berkeley will be able to release 4.4-Lite now, or will their lawyers still have them wait til the whole thing is finally over? I'm one happy naive hippy-freak Unix tech-weenie today! Hmm, I wonder how UNIGRAM-X is going to report this? :-) Jaime ............................................................................ : Stand on my shoulders, : jds@cs.umd.edu : James da Silva : not on my toes. : uunet!mimsy!jds : Systems Design & Analysis Group ------- Forwarded Message ~Date: Tue, 9 Mar 93 19:15:21 MST ~From: kolstad@BSDI.COM (Rob Kolstad) Message-Id: <9303100215.AA01258@ace.BSDI.COM> To: bsdi-users@bsdi.com ~Subject: BSDI: 1 USL: 0 Greetings from Washington, D.C. and Interop. Good news today in the legal arena; here's our press release: ---------------------------------------------------------------------- USL Motion Against BSDI Dismissed. Unix System Laboratories, a majority-owned subsidiary of AT&T, has been unsuccessful in its attempt to stop the distribution of BSD/386, a UNIX-compatible software product offered by Berkeley Software Design, Inc. BSD/386 is designed to run on IBM-compatible personal computers, and is based on the Networking Release 2 software developed at the University of California, at Berkeley. USL had sought to enjoin the distribution of BSD/386 pending trial, alleging that both the University and Berkeley Software Design had infringed copyrights and trade secrets in its 32V UNIX operating system. However, in an opinion filed March 3, 1993, in the United States District Court for the District of New Jersey, District Judge Dickinson R. Debevoise denied USL's request for a preliminary injunction to stop the distribution of BSD/386. His denial was based on a finding that USL was unlikely to succeed in showing that it had a valid copyright in 32V and that USL had not successfully shown that either Networking Release 2 or BSD/386 contained any trade secrets belonging to USL. In making that ruling, Judge Debevoise noted that the accused header files, file names and function names were not trade secrets and stated that on the current record he "was unable to ascertain whether any aspect of Net2 or BSD/386, be it an individual line of code or the overall system organization, deserves protection as Plaintiff's trade secret." Berkeley Software Design thus remains free to distribute BSD/386 without restriction. ---------------------------------------------------------------------- We hope to ship 1.0 shortly. RK ==================================================================== /\ Rob Kolstad Berkeley Software Design, Inc. /\/ \ kolstad@bsdi.com 7759 Delmonico Drive / \ \ 719-593-9445 Colorado Springs, CO 80919 ==================================================================== ------- End of Forwarded Message