DRAFT of license for ancient UNIX sources

From: Warren Toomey < wkt@henry.cs.adfa.oz.au>
Message-Id: <199802242217.JAA22990@henry.cs.adfa.oz.au>
Subject: DRAFT of license for ancient UNIX sources
To: pups@minnie.cs.adfa.oz.au (PDP Unix Preservation)
Date: Wed, 25 Feb 1998 09:17:42 +1100 (EST)
Reply-To: wkt@cs.adfa.oz.au
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-----BEGIN PGP SIGNED MESSAGE-----

All,
	Here is the DRAFT of the license for the PDP-11 versions of UNIX.
Please treat this as a IN CONFIDENCE email and do not pass it on to other
people. If you have any adverse comments, pass them back to the mailing list
as well as Dion Johnson.

	Warren

- ----- Forwarded message from Dion Johnson -----

DRAFT - for discussion purposes - comments to dionj@sco.com please,
and to Warren Toomey, et al, as you see fit.  Please do not
distribute this widely. -Dion

Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
Czar of Free Stuff and Technical customers' advocate.
400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565
==============================================================================

Agreement Number: ________________

THE SANTA CRUZ OPERATION, INC.  SPECIAL SOFTWARE LICENSE AGREEMENT

A.  THE SANTA CRUZ OPERATION, INC., a California corporation
(SCO), having an office at 400 Encinal Street, Santa Cruz,
California 95061-1900 and LICENSEE, as defined in the signature
block of this Agreement agree that, as of the Effective Date
hereof, as defined in Section 7.1, the terms and conditions set
forth in this Agreement shall apply to use by LICENSEE of SOURCE
CODE PRODUCTS subject to this Agreement.

B.  SCO makes certain licensing rights for SOURCE CODE PRODUCTS
available under this Agreement, including rights to make and use
DERIVED BINARY PRODUCTS.  Such SOURCE CODE PRODUCT is identified
in Section 3 of this Agreement .

C.  This Agreement sets forth the entire agreement and
understanding between the parties as to the subject matter hereof
and merge all prior discussions between them, and neither of the
parties shall be bound by any conditions, definitions,
warranties, understandings or representations with respect to
such subject matter other than as expressly provided herein or as
duly set forth on or subsequent to the date of acceptance hereof
in writing and signed by a proper and duly authorized
representative of the party to be bound thereby.  No provision
appearing on any form originated by LICENSEE shall be applicable
unless such provision is expressly accepted in writing by an
authorized representative of SCO.

F.  The AUTHORIZED COUNTRY for this Agreement shall be ______________________.

IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representatives.

LICENSEE:					THE SANTA CRUZ OPERATION, INC.

__________________________________ 	By:_________________________________
(Name)

__________________________________	____________________________________
(Address)	(Title)						

__________________________________	____________________________________	
(Address)					(Date)

__________________________________		
(By)						

__________________________________
(Print or Type Name

__________________________________
(Title)

I.  DEFINITIONS

1.1 AUTHORIZED COUNTRY means one or more countries specified on
page 1 of this Agreement.

1.2 CPU means a computer having one or more processing units and
a single global memory space.

1.3 COMPUTER PROGRAM means any instruction or instructions for
controlling the operation of a CPU.

1.4 DERIVED BINARY PRODUCT means COMPUTER PROGRAMS in OBJECT CODE
format based on a SOURCE CODE PRODUCT.

1.5 DESIGNATED CPU means all CPUs licensed as such for a specific
SOURCE CODE PRODUCT.

1.6 OBJECT CODE means a COMPUTER PROGRAM in binary form,
resulting from the compilation of SOURCE CODE by computer or
compiler into machine executable code and which is in a form of
computer programs not convenient to human understanding of the
program logic, but which is appropriate for execution or
interpretation by computer.

1.7 SOURCE CODE means COMPUTER PROGRAMS written in certain
programming languages in electronic media form and in a form
convenient for reading and review by a trained individual, such
as a printed or written listing of programs, containing specific
algorithms, instructions, plans, routines and the like, for
controlling the operation of a computer system, but which is not
in a form that would be suitable for execution directly on
computer hardware.

1.8 SOURCE CODE PRODUCT means a SCO software offering, primarily
in SOURCE CODE form.  Such offering may also include OBJECT CODE
components.

1.9 SUCCESSOR OPERATING SYSTEM means a SCO software offering that
is (i) specifically designed for a 16-Bit computer, or (ii) the
32V version, and (ii) specifically excludes UNIX System V and
successor operating systems.

2.  GRANT OF RIGHTS

2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
CODE PRODUCT identified in Section 3 of this Agreement, solely
for personal use (as restricted in Section 2.1(b)) and solely on
or in conjunction with DESIGNATED CPUs, and/or Networks of
CPUs, licensed by LICENSEE through this SPECIAL SOFTWARE LICENSE
AGREEMENT for such SOURCE CODE PRODUCT.  Such right to use
includes the right to modify such SOURCE CODE PRODUCT and to
prepare DERIVED BINARY PRODUCT based on such SOURCE CODE PRODUCT,
provided that any such modification or DERIVED BINARY PRODUCT
that contains any part of a SOURCE CODE PRODUCT subject to this
Agreement is treated hereunder the same as such SOURCE CODE
PRODUCT.  SCO claims no ownership interest in any portion of such
a modification or DERIVED BINARY PRODUCT that is not part of a
SOURCE CODE PRODUCT.

(b) Personal use is limited to noncommercial uses.  Any such use
made in connection with the development of enhancements or
modifications to SOURCE CODE PRODUCTS is permitted only if (i)
neither the results of such use nor any enhancement or
modification so developed is intended primarily for the benefit
of a third party and (ii) any copy of any such result,
enhancement or modification, furnished by LICENSEE to a third
party holder of an equivalent Software License with SCO where
permitted by Section 8.4(b) below, is furnished for no more than
the cost of reproduction and shipping.  Any such copy that
includes any portion of a SOURCE CODE PRODUCT shall be subject to
the provisions of such Section 8.4.

(c) LICENSEE may produce printed and on-line copies of
documentation included with the SOURCE CODE PRODUCT as necessary
for use with the DESIGNATED CPUs.  All copies must include a
legally sufficient copyright notice and a statement that the
documents include a portion or all of SCO's copyrighted
documentation, which is being reproduced with permission.

(d) Commercial use by LICENSEE of SOURCE CODE PRODUCTS or of any
result, enhancement or modification associated with the use of
SOURCE CODE PRODUCTS under this Agreement is not permitted.  Such
commercial use is permissible only pursuant to the terms of an
appropriate commercial software agreement between SCO or a
corporate affiliate thereof and LICENSEE.  For purposes of this
Agreement, commercial use includes, but is not limited to,
furnishing copies to third parties in a manner not permitted by
Section 8.4(b).

(e) SCO also grants LICENSEE a personal, nontransferable and
nonexclusive right to make copies of DERIVED BINARY PRODUCTS and,
subject to U.  S.  Government export requirements and to Section
8.4(b), to furnish such copies directly to other LICENSEES who
have an equivalent Software License with SCO before or at the
time of furnishing each copy of a DERIVED BINARY PRODUCT.

2.2 (a) Any notice acknowledging a contribution of a third party
appearing in a SOURCE CODE PRODUCT shall be included in
corresponding portions of DERIVED BINARY PRODUCTS made by
LICENSEE.

(b) Each portion of a DERIVED BINARY PRODUCT shall include an
appropriate copyright notice.  Such copyright notice may be the
copyright notice or notices appearing in or on the corresponding
portions of the SOURCE CODE PRODUCT on which such DERIVED BINARY
PRODUCT is based or, if copyrightable changes are made in
developing such DERIVED BINARY PRODUCT, a copyright notice
identifying the owner of such changes.

2.3 No right is granted hereunder to use any trademark of SCO (or
a corporate affiliate thereof).  However, LICENSEE must state in
packaging, labeling or other wise that a DERIVED BINARY PRODUCT
is derived from SCO's software under license from SCO and
identify such software (including any trademark, provided the
proprietor of the trademark is appropriately identified).
LICENSEE agrees not to use a name or trademark for a DERIVED
BINARY PRODUCT that is confusingly similar to a name or trademark
used by SCO (or a corporate affiliate thereof).

2.4 A single back-up CPU may be used as a substitute for the
DESIGNATED CPU without notice to SCO during any time when such
DESIGNATED CPU is inoperative because it is malfunctioning or
undergoing repair, maintenance or other modification.

3.  LICENSED SOURCE CODE PRODUCTS

The SOURCE CODE PRODUCTS to which SCO grants rights under this
Agreement are restricted to the following UNIX Operating Systems,
including SUCCESSOR OPERATING SYSTEMs, that operate on the 16-Bit
PDP-11 CPU and early versions of the 32-Bit UNIX Operating System
with specific exclusion of UNIX System V and successor operating
systems:

16-Bit	UNIX Editions 1, 2, 3, 4, 5, 6, 7 
32-bit  32V

4.  DELIVERY

SCO makes no guarantees or commitments that any SOURCE CODE
PRODUCT is available from SCO.  If available, SCO will, within a
reasonable time after SCO receives the fee specified in this
Agreement for a SOURCE CODE PRODUCT, furnish to LICENSEE one (1)
copy of such SOURCE CODE PRODUCT.

5.  EXPORT

5.1 LICENSEE agrees that it will not, without the prior written
consent of SCO, export, directly or indirectly, SOURCE CODE
PRODUCTS covered by this Agreement to any country outside of the
AUTHORIZED COUNTRY.

5.2 LICENSEE hereby assures SCO that it does not intend to and
will not knowingly, without the prior written consent, if
required, of the Office of Export Administration of the U.S.
Department of Commerce, Washington, D.C.  20230, transmit,
directly or indirectly:

(i) any SOURCE CODE PRODUCT subject to this Agreement; or

(ii) any immediate product (including processes) produced
directly by the use of any such SOURCE CODE PRODUCT;

to Afghanistan, the People's Republic of China or any Group Q, S,
W, Y or Z country specified in Supplement No.  1 to Section 370
of the Export Administration Regulations issued by the U.S.
Department of Commerce.

5.3 LICENSEE agrees that its obligations under Sections 5.1 and
5.2 shall survive and continue after any termination of rights
under this Agreement.

6.  FEES AND TAXES

6.1 In consideration for the rights granted to LICENSEE for use
of the SOURCE CODE PRODUCTS identified in Section 3 above,
LICENSEE shall pay to SCO a one-time Right-to-Use Fee of
US$100.00 for the DESIGNATED CPUs at the time this Agreement is
returned to SCO for final execution.

6.2 Payment to SCO shall be made in United States dollars to SCO
at the address specified in Section 8.8(a).

6.3 LICENSEE shall pay all taxes (and any related interest or
penalty), however designated, imposed as a result of the
existence or operation of this Agreement, including, but not
limited to, any tax which LICENSEE is required to withhold or
deduct from payment to SCO, except (i) any tax imposed upon SCO
(or a corporate affiliate thereof) in the jurisdiction in which
the aforesaid office of LICENSEE is located if such tax is
allowable as a credit against United States income taxes of SCO
(or such an affiliate) and (ii) any income tax imposed upon SCO
(or such an affiliate) by the United States or any governmental
entity within the United States proper (the fifty (50) states and
the District of Columbia).  To assist in obtaining the credit
identified in (i) of this Section 5.05, LICENSEE shall furnish
SCO with such evidence as may be required by United States taxing
authorities to establish that any such tax has been paid.  The
Fee specified in Section 6.1 above do not include taxes.  If SCO
is required to collect a tax to be paid by LICENSEE, LICENSEE
shall pay such tax to SCO on demand.

7.  TERM

7.1 This Agreement shall become effective on and as of the date
of acceptance by SCO.  The initial term of this Agreement shall
be for one (1) year.  Thereafter, the Agreement will
automatically renew for successive one (1) year terms unless
either party gives the other, no later than ninety (90) days
before the end of the initial term, or then current extension,
written notice of its intent to terminate this Agreement.
Nothing in this Agreement shall be construed to require either
party to extend this Agreement beyond the initial term or any
subsequent term.

7.2 LICENSEE may terminate its rights under this Agreement by
written notice to SCO certifying that LICENSEE has discontinued
use of and returned or destroyed, at SCO's option, all copies of
SOURCE CODE PRODUCTS subject to this Agreement.

7.3 If LICENSEE fails to fulfill one or more of its obligations
under this Agreement, SCO may, upon its election and in addition
to any other remedies it might have, at any time terminate all
the rights granted by it hereunder by not less than two (2)
months' written notice to LICENSEE specifying any such breach,
unless within the period of such notice all breaches specified
therein shall have been remedied; upon such termination LICENSEE
shall immediately discontinue use of and return or destroy, at
SCO's option, all copies of SOURCE CODE PRODUCTS in its
possession.

7.4 In the event of termination of LICENSEE's rights under
Sections 7.2 or 7.3, (i) all fees that LICENSEE has become
obligated to pay shall become immediately due and payable and
(ii) SCO shall have no obligation to refund any amounts paid to
it hereunder.

8.  MISCELLANEOUS PROVISIONS

8.1 This Agreement shall prevail notwithstanding any conflicting
terms or legends which may appear in a SOURCE CODE PRODUCT.

8.2 If, and only if, SCO is the entity that provides SOURCE CODE
PRODUCT to LICENSEE, SCO warrants for a period of ninety (90)
days from furnishing a SOURCE CODE PRODUCT to LICENSEE hereunder,
that any magnetic medium on which portions of a SOURCE CODE
PRODUCT are furnished will be free under normal use from defects
in materials, workmanship or recording.  If such a defect appears
within such warranty period LICENSEE may return the defective
medium for replacement without charge.  Replacement is LICENSEE's
sole remedy with respect to such a defect.  SCO also warrants
that it is empowered to grant the rights granted herein.  SCO and
other developers make no other representations or warranties,
expressly or impliedly.  By way of example but not of limitation,
SCO and other developers make no representations or warranties of
merchantability or fitness for any particular purpose, or that
the use of any SOURCE CODE PRODUCT will not infringe any patent,
copyright or trademark.  SCO and other developers shall not be
held to any liability with respect to any claim by LICENSEE, or a
third party on account of, or arising from, the use of any SOURCE
CODE PRODUCT.

8.3 Neither the execution of this Agreement nor anything in any
SOURCE CODE PRODUCT shall be construed as an obligation upon SCO
or any other developer to furnish any person, including LICENSEE,
any assistance of any kind whatsoever, or any information or
documentation.

8.4 (a) LICENSEE agrees that it shall hold all parts of the
SOURCE CODE PRODUCTS subject to this Agreement in confidence for
SCO.  LICENSEE further agrees that should it make such disclosure
of any or all of such SOURCE CODE PRODUCTS (including methods or
concepts utilized therein) to anyone to whom such disclosure is
necessary to the use for which rights are granted hereunder,
LICENSEE shall appropriately notify each such person to whom any
such disclosure is made that such disclosure is made in
confidence and shall be kept in confidence and have each such
person sign a confidentiality agreement containing restrictions
on disclosure substantially similar to those set forth herein.

If LICENSEE should become aware of a violation of SCO's
intellectual property and/or proprietary rights, LICENSEE shall
promptly notify SCO and cooperate with SCO in such enforcement.

If information relating to a SOURCE CODE PRODUCT subject to this
Agreement at any time becomes available without restriction to
the general public by acts not attributable to LICENSEE,
LICENSEE's obligations under this section shall not apply to such
information after such time.

(b) Notwithstanding the provisions of Section 8.4(a), LICENSEE
may make available copies of a SOURCE CODE PRODUCT, either in
modified or unmodified form, to third parties in the AUTHORIZED
COUNTRY having Source Code Licenses of the same scope herewith
from SCO for the same SOURCE CODE PRODUCT, if and only if (i)
LICENSEE first requests verification the status of the recipient
by contacting SCO at the address contained in Section 8.8(b) or
other number specified by SCO, and (ii) SCO gives written
verification of the recipient's software license status.
LICENSEE shall maintain a record of each such SOURCE CODE PRODUCT
made available.

8.5
(a) On SCO's request, but not more frequently than annually,
LICENSEE shall furnish to SCO a statement, listing the location,
type and serial number of the DESIGNATED CPU hereunder and
stating that the use by LICENSEE of SOURCE CODE PRODUCTS subject
to this Agreement has been reviewed and that each such SOURCE
CODE PRODUCT is being used solely on the DESIGNATED CPU (or
temporarily on a back-up CPU) for such SOURCE CODE PRODUCTS in
full compliance with the provisions of this Agreement.

(b) SCO shall have the right, upon reasonable notice to LICENSEE
and through SCO's accredited auditing representative, to make an
on-site inspection during normal business hours, not more
frequently than annually, of all LICENSEE's CPUs to determine
that SOURCE CODE PRODUCTS are being used solely on the DESIGNATED
CPU and are used solely for personal purposes as authorized under
this Agreement.

8.6 The obligations of LICENSEE under Section 8.4 shall survive
and continue after any termination of rights under this
Agreement.

8.7 Neither this Agreement nor any rights hereunder, in whole or
in part, shall be assignable or otherwise transferable by
LICENSEE and any purported assignment or transfer shall be null
and void.

8.8 (a) Payments to SCO under this Agreement shall be made
payable and sent to:

CHECK DRAWN ON U.S. BANK TO:
THE SANTA CRUZ OPERATION, INC.
P.O. Box 7745
San Francisco, CA 94120-7745

(b) Correspondence with SCO relating to this Agreement shall be sent to:

THE SANTA CRUZ OPERATION, INC.
400 Encinal Street
Santa Cruz, California 95061-1900
United States of America

Attention: Law and Corporate Affairs

(c) Any statement, notice, request or other communication shall
be deemed to be sufficiently given to the addressee and any
delivery hereunder deemed made when sent by certified mail
addressed to LICENSEE at its office specified in this Agreement
or to SCO at the appropriate address specified in this Section
7.7.  Each party to this Agreement may change an address relating
to it by written notice to the other party.

8.9 LICENSEE shall obtain all approvals from any governmental
authority in the AUTHORIZED COUNTRY required to effectuate this
Agreement according to its terms, including any such approvals
required for LICENSEE to make payments to SCO pursuant to this
Agreement.  LICENSEE shall bear all expenses associated with
obtaining such approvals.

8.10 The construction and performance of this Agreement shall be
governed by the laws of the State of California, USA. 

SCO-Soft.  Sp.-022498
- ----- End of forwarded message from Dion Johnson -----

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From: Warren Toomey < wkt@henry.cs.adfa.oz.au>
Message-Id: <199802250305.OAA23864@henry.cs.adfa.oz.au>
Subject: Re: DRAFT of license for ancient UNIX sources
To: pups@minnie.cs.adfa.oz.au (PDP Unix Preservation)
Date: Wed, 25 Feb 1998 14:05:43 +1100 (EST)
In-Reply-To: <199802250258.SAA22923@rainbow.Corp.Sun.COM> from Chris Drake at "Feb 24, 98 06:57:53 pm"
Reply-To: wkt@cs.adfa.oz.au
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In article by Chris Drake:
> Not being a lawyer, it looks confusing but reasonable...
> A couple of questions, though:
> 
> 	- it looks to me like the $100 fee is a one-shot that covers more
> 	  than one CPU, as long as you specify them all at the outset.  Or
> 	  is this supposed to be a per-CPU fee?
> 
> 	- this also appears to be a fee for any or all of the versions of
> 	  the OS specified.  Or is this supposed to be a per-version fee?
> 
> 	 	- Chris Drake

I'm told by Dion that you nominate the CPUs on which the software will
be run. I have no idea how to nominate an emunated CPU. The one-off
fee covers ALL nominated versions AND all successor versions
(e.g the right to use PWB, AUSAM, 2BSD, System III etc.)

The licensee also specifies which are the authorised countries.
I hope/assume that I can specify my list of authorised countries as:

	All countries except Afghanistan, the People's Republic of China
	or any Group Q, S, W, Y or Z country specified in Supplement No. 1
	to Section 370 of the Export Administration Regulations issued by
	the U.S. Department of Commerce.

Hope this helps,

	Warren

From: Warren Toomey < wkt@henry.cs.adfa.oz.au>
Message-Id: <199802250308.OAA23877@henry.cs.adfa.oz.au>
Subject: Re: DRAFT of license for ancient UNIX sources
To: pups@minnie.cs.adfa.oz.au (PDP Unix Preservation)
Date: Wed, 25 Feb 1998 14:08:53 +1100 (EST)
In-Reply-To: <199802250259.AA24622@world.std.com> from Allison J Parent at "Feb 24, 98 09:59:00 pm"
Reply-To: wkt@cs.adfa.oz.au
MIME-Version: 1.0
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In article by Allison J Parent:
> Overall not bad.  The price of $100US is not unresonable assuming the 
> media cost is not out of line.  Still VMS can be had for FREE and media 
> (limited to CDrom only) is $30US.  If the all up price were $100
> including machine readable media that would be something more 
> agreeable.
> 
> What is open is what version would they provide and at what cost for 
> that vversion on media?

I expect that the cost will initially cover NO media. From what Dion
is saying, SCO doesn't even have copies of these systems! I will suggest
to them that, if we can put together a CD-ROM image, perhaps they can
distribute the image with every license.

If not, the license allows us to exchange copies of the systems, provided
we get written authorisation from SCO. The licensing people there are
going to get awfully sick of me asking for written authorisation, otherwise.

	Warren

From: Warren Toomey < wkt@henry.cs.adfa.oz.au>
Message-Id: <199802250335.OAA23908@henry.cs.adfa.oz.au>
Subject: PDP-11 System III - copies?
To: pups@minnie.cs.adfa.oz.au (PDP Unix Preservation)
Date: Wed, 25 Feb 1998 14:35:25 +1100 (EST)
Reply-To: wkt@cs.adfa.oz.au
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Looking at that license from SCO, we should be able to legally use System III.
Does anybody have a copy I can add to the archive?

Thanks,
	Warren

Message-ID: <19980225140411.14345@freebie.lemis.com>
Date: Wed, 25 Feb 1998 14:04:11 +1030
From: Greg Lehey < grog@lemis.com>
To: wkt@cs.adfa.oz.au, PDP Unix Preservation < pups@minnie.cs.adfa.oz.au>
Subject: Re: DRAFT of license for ancient UNIX sources
References: <199802250259.AA24622@world.std.com> <199802250308.OAA23877@henry.cs.adfa.oz.au>
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In-Reply-To: <199802250308.OAA23877@henry.cs.adfa.oz.au>; from Warren Toomey on Wed, Feb 25, 1998 at 02:08:53PM +1100
WWW-Home-Page: http://www.lemis.com/~grog
Organization: LEMIS, PO Box 460, Echunga SA 5153, Australia
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On Wed, 25 February 1998 at 14:08:53 +1100, Warren Toomey wrote:
> In article by Allison J Parent:
>> Overall not bad.  The price of $100US is not unresonable assuming the
>> media cost is not out of line.  Still VMS can be had for FREE and media
>> (limited to CDrom only) is $30US.  If the all up price were $100
>> including machine readable media that would be something more
>> agreeable.
>>
>> What is open is what version would they provide and at what cost for
>> that vversion on media?
>
> I expect that the cost will initially cover NO media. From what Dion
> is saying, SCO doesn't even have copies of these systems! I will suggest
> to them that, if we can put together a CD-ROM image, perhaps they can
> distribute the image with every license.

How many CDs are we looking at?  Maybe I can arrange something.

> If not, the license allows us to exchange copies of the systems, provided
> we get written authorisation from SCO. The licensing people there are
> going to get awfully sick of me asking for written authorisation, otherwise.

Maybe you should point that out and change that to "notification".

Greg

Date: Wed, 25 Feb 1998 07:05:50 -0500
From: allisonp@world.std.com (Allison J Parent)
Message-Id: <199802251205.AA07228@world.std.com>
To: pups@minnie.cs.adfa.oz.au
Subject: Re: DRAFT of license for ancient UNIX sources
Sender: owner-pups@minnie.cs.adfa.oz.au
Precedence: bulk

< I expect that the cost will initially cover NO media. From what Dion
< is saying, SCO doesn't even have copies of these systems! I will suggest

I find this distressing as putting up unix an my 11/73 is dependent on
availability of all the correct parts being available(drivers et al).

While I believe thre are versions that can be put on the machine I do 
not know enough to speculate how or what device requirements there would 
be.  What comes to mind, can it be configured to exploit the hardware?  
Or maybe the question should be is there a copy complete enough that has
all of the installion templates?

< to them that, if we can put together a CD-ROM image, perhaps they can
< distribute the image with every license.

That would make sense, readable under dos, linux?

< If not, the license allows us to exchange copies of the systems, provide
< we get written authorisation from SCO. The licensing people there are
< going to get awfully sick of me asking for written authorisation, otherwi

Definately should be written notification for manageability at their end.

Allison

From: Warren Toomey 
Message-Id: <199802252158.IAA25252@henry.cs.adfa.oz.au>
Subject: System III (fwd)
To: pups@minnie.cs.adfa.oz.au (PDP Unix Preservation)
Date: Thu, 26 Feb 1998 08:58:42 +1100 (EST)
Reply-To: wkt@cs.adfa.oz.au
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----- Forwarded message from Alan Bain -----

>From afrb2@hermes.cam.ac.uk  Thu Feb 26 01:08:57 1998
Date: Wed, 25 Feb 1998 14:07:03 +0000 (GMT)
From: Alan Bain < afrb2@hermes.cam.ac.uk>
X-Sender: afrb2@red.csi.cam.ac.uk
Reply-To: Alan Bain < afrb2@hermes.cam.ac.uk>
To: wkt@henry.cs.adfa.oz.au
Subject: System III
Message-ID: < Pine.SOL.3.95q.980225140211.13155I-100000@red.csi.cam.ac.uk>

I remember seeing this on the mailing list a while ago and wondered what
became of the Sys III (no that it's of any use to me with an 11/34!).
Hope you track down a copy....  I'm still looking for the pre AT&T V5
versions myself ... someone seems to have had a very early version here in
Cambridge UK but I can find out what became of it.  There may have even
been a PDP-7 running unix at one point here.  The CL are hopelessly
disorganised about such stuff -- it goes in the `old junk' category and
unfortunately they love to wipe tapes just in case they contain
proprietary software.  However I now have access to a half inch drive on a
sun (certainly 1600 & 6250 BPI, possibly more useful lower BPI also).  If
anyone in the UK has such tapes I'm most willing to try and read them.

Alan

From: Warren Toomey < wkt@henry.cs.adfa.oz.au>
Message-Id: <199802252212.JAA25371@henry.cs.adfa.oz.au>
Subject: Re: DRAFT of license for ancient UNIX sources
To: pups@minnie.cs.adfa.oz.au (PDP Unix Preservation)
Date: Thu, 26 Feb 1998 09:12:16 +1100 (EST)
In-Reply-To: <34F446F9.E9AD729F@pa.dec.com> from Paul McJones at "Feb 25, 98 08:29:45 am"
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In article by Paul McJones:
> Given that "Lions' Commentary on Unix : With Source Code" has been
> published as a book under normal copyright, all the focus on designated
> cpus and audits and such in this draft license seems very heavyweight to
> me.  Does SCO really believe someone is going to start with the 7th
> edition code and evolve it into a commercial offering competitive with
> SCO's latest?

No, what the legal guys have done is take the original v7 license and
alter it enough to keep us happy. This is why there are such hangovers
as designated CPUs. They probably did this to:

	+ minimise the work they had to do, and
	+ prevent a product being licensed under widely different systems

If they created a completely new license, there may be a legal slant:
e.g hey I own an original Western Electric v7 license, and now SCO's 
selling licenses which allow export of code to China (for example).
That's unfair, because my license prevents that. Sue, sue!!

[Maybe I'm just being paranoid here].

Anyway, the CPU restriction is BOGUS. SCO already have a binary license
for v5, v6 and v7 which allows you to run these systems on an UNLIMITED
number of CPUs. I can't see how they are going to enforce the CPU
restriction in the new license.

I think Dion suggested that auditing was probably not going to happen.
Mind you, don't hold him to that!

	Warren

Message-Id: < m0y7rJJ-000AQJC@csc.com>
From: rmsmith@csc.com (Robert Smith)
Subject: Re: DRAFT of license for ancient UNIX sources
To: wkt@cs.adfa.oz.au
Date: Wed, 25 Feb 1998 19:36:25 -0500 (EST)
Cc: pups@minnie.cs.adfa.oz.au
In-Reply-To: <199802252212.JAA25371@henry.cs.adfa.oz.au> from "Warren Toomey" at Feb 26, 98 09:12:16 am
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Warren,
and the rest of us!
Thanks!
Everyone who has commented has covered all the same ground that I would
with the license discussion!
I will take what I can get to be legal!
Thanks for all the work on this!!
bob

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From: Tim Bradshaw < tfb@aiai.ed.ac.uk>
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To: wkt@cs.adfa.oz.au
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Subject: Re: DRAFT of license for ancient UNIX sources
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I've been skipping a lot of the discussion about this, but if I read
this license correctly it seems to cover the SCO-owned bits of most of
the 4BSD releases as well.  Of course all the recent ones are free
already, but I don't think that things like 4.2 are, and they're
derived from 32V I think, (or is there held to be an admixture of
stuff from System V?).

I'd be quite interested in 4.2 and 4.3 as I have a machine that runs
4.2 (not a vax...).

I suspect that the 4BSD situation must be fairly well understood by
someone, since there were all these legal arguments a few years ago
when the various PC BSDs started appearing in a big way.

Does anyone know what the real story is?

--tim

-- 
Tim Bradshaw, System Manager,
	      Artificial Intelligence Applications Institute,
	      University of Edinburgh

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From: Warren Toomey < wkt@henry.cs.adfa.oz.au>
Message-Id: <199802262023.HAA26835@henry.cs.adfa.oz.au>
Subject: Re: DRAFT of license for ancient UNIX sources
To: pups@minnie.cs.adfa.oz.au (PDP Unix Preservation)
Date: Fri, 27 Feb 1998 07:23:30 +1100 (EST)
In-Reply-To: <199802261557.PAA13264@dubh.aiai.ed.ac.uk> from Tim Bradshaw at "Feb 26, 98 03:57:39 pm"
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In article by Tim Bradshaw:
> I've been skipping a lot of the discussion about this, but if I read
> this license correctly it seems to cover the SCO-owned bits of most of
> the 4BSD releases as well.  Of course all the recent ones are free
> already, but I don't think that things like 4.2 are, and they're
> derived from 32V I think, (or is there held to be an admixture of
> stuff from System V?).

No, the successor systems are specified as 16-bit, and that excludes the
4BSD systems as they ran on the Vax.

Besides, UCB still owns these systems. Keith Bostic has mentioned that
a back-burner project is to get all the 4BSD releases onto CD-ROMs,
and make them available to people with licenses for 32V. He knows about
the new SCO licenses. Perhaps we can start encouraging him once we get
out licenses?!

P.S Why do you think I fought to get 32V covered by the SCO license?
    I wanted to be able to buy these 4BSD CD-ROMs!

	Warren