From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@cs.adfa.oz.au
Subject: Prehistoric UNIX licenses
Cc: belal@sco.COM
Date: Wed, 26 Jun 96 17:20:21 PDT
Message-Id:  <9606261720.aa14354@mother.sco.com>
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SCO owns the licensing rights all versions of the UNIX system, or
so our legal folks tell me.  Now, of course there are many
derivative, licensed versions, and some of the holders of those
licenses have rights to sublicense.  In the case of BSD
enhancements, the Berkeley additions are owned by the Regents of
the University of California, and I believe the UCB license terms
are well known.

As for your friends who have rescued ancient PDP machines...  I
am confident that SCO would cheerfully encourage them to run UNIX
on these antiques without any payment to us.  I cant quite
officially give that permission myself, but I can speculate that
SCO certainly would not mind.

So go for it.  Does this help?
-Dion

Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
SCO Product Manager - Development Systems and Various Other Stuff
400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

>	From: Warren Toomey <wkt@cs.adfa.oz.au>
>	Newsgroups:
>	Subject: Who Owns 7th Edition Unix?
>	Date: 24 Jun 1996 05:17:14 GMT
>	
>	As a contact person for information about running UNIX on PDP-11s, I often
>	get asked for a copy of [6th, 7th, 2.9BSD, 2.11BSD] UNIX. All of the requests
>	I've had are from single-users who have saved a PDP-11 from the dumpster and
>	would like to run UNIX on it `just for the hell of it'. In every case, I have
>	sadly denied the request as they don't have a license. I assume that these
>	systems are still covered by licences etc., but this begs the questions
>	
>	    Who owns [6th, 7th, 2.9BSD, 2.11BSD] UNIX? and
>	    Who can sell licenses for these systems?
>	
>	I know that HP and SCO have bought the SysVR4 source code from Novell,
>	and that AT&T is definitely not the legal custodians of the PDP-11 versions,
>	but exactly who is?
>	
>	If anybody out there knows who at HP or SCO to talk to, I'd be very grateful
>	of an email reply with that information. This is all for historical
perversity,
>	and I can't imagine anybody doing any commercial work with UNIX on an -11 that
>	they can't do with Free/NetBSD or Linux on a 386.
>	
>	Many thanks, and see http://minnie.cs.adfa.oz.au/PUPS/ for more info.
>	
>	Cheers,
>		Warren Toomey	wkt@cs.adfa.oz.au
>	
>	-- 
>	
>	Copyright (c) 1995, Warren Toomey. Microsoft Network is prohibited from
>	redistributing this work in any form, in whole or in part, without a license.
>	License to distribute this post is available to Microsoft for $1000.
>	Posting without permission constitutes an agreement to these terms.
>	
>	--- End of forwarded article from Warren Toomey <wkt@cs.adfa.oz.au>
>






From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: Re: Prehistoric UNIX licenses
Cc: dionj@sco.COM
Date: Thu, 27 Jun 96 7:59:48 PDT
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If you want it to be an official letter, it's a whole different ballgame.
I will see what I can find out, but it will take a while.
Thanks for your interest.

	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
	Subject: Re: Prehistoric UNIX licenses
	To: Dion <dionj@sco.COM>
	Date: Thu, 27 Jun 1996 11:58:42 +1000 (EST)
	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
	
	In atricle by Dion:
	> 
	> SCO owns the licensing rights all versions of the UNIX system, or
	> so our legal folks tell me.  Now, of course there are many
	> derivative, licensed versions, and some of the holders of those
	> licenses have rights to sublicense.  In the case of BSD
	> enhancements, the Berkeley additions are owned by the Regents of
	> the University of California, and I believe the UCB license terms
	> are well known.
	> 
	> As for your friends who have rescued ancient PDP machines...  I
	> am confident that SCO would cheerfully encourage them to run UNIX
	> on these antiques without any payment to us.  I cant quite
	> officially give that permission myself, but I can speculate that
	> SCO certainly would not mind.
	> 
	> So go for it.  Does this help?
	> -Dion
	
	Dion, thanks very much for your email, in fact I'm ecstatic! I know this
	could be a tricky legal minefield, so if possible could SCO draft a letter
	(and run it past their lawyers) which sets out exactly what you said above.
	
	In particular, you said that ``SCO would cheerfully encourage them to run UNIX
	on these antiques without any payment to us''. Does this mean I can legally
	distribute the source code to the PDP versions of UNIX, and to anybody? or
	just to people who own PDP-11s. There are PDP-11 emulators available, so
	it is conceivable that people who don't even have a real PDP-11 might like
	to try UNIX out on these emulators. If to anybody, then I assume this means
	the source is legally owned by SCO but freely distributable?
	
	I really appreciate your offer of making these old versions of UNIX
	available, but given the legal status of the code to this point, I would
	like to cover myself with an officially blessed and signed document from SCO.
	Let me know what you can do, and many many thanks again for this!
	
	Cheers,
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: Re: Prehistoric UNIX licenses
Date: Thu, 27 Jun 96 16:47:35 PDT
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Warren,

I asked our licensing folks back East.  They said there
is no problem in similar licensees exchanging software among
themselves.  In other words, your friend who resurrected
the PDP-11  can be considered a licensee since his machine
did once have a UNIX license, and if he agrees to
the same terms as your license states.   And if he is
therefore also a licensee, you can provide him with
copies of the software.

They are not willing to write a letter because they are busy
writing up real revenue deals.

I recommend you go ahead and provide the necessary UNIX code to
your university colleagues who have restored PDP-11s, as needed,
with the understanding that they are licensees also, as
deduced by the above rationalization.

I hope this works well enough.
-Dion

	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
	Subject: Re: Prehistoric UNIX licenses
	To: Dion <dionj@sco.COM>
	Date: Fri, 28 Jun 1996 09:34:11 +1000 (EST)
	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
	
	In atricle by Dion:
	 
	> If you want it to be an official letter, it's a whole different ballgame.
	> I will see what I can find out, but it will take a while.
	
	I can imagine! I think in your original email you meant that SCO wouldn't
	take legal action against someone who distributed PDP UNIXs, but at the
	same time SCO wouldn't make it officially legal. Even if I can get a signed
	statement like that from someone there, that would be good.
	
	I don't think you guys are going to let the PDP UNIXs be legally freely
	redistributable, but perhaps we can reach a middle ground somewhere?!
	
	Many thanks for your effort and support in this.
	
	Cheers,
		Warren






From mairix@mairix Mon Jan  1 12:34:56 1970
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From: wkt (Warren Toomey)
Message-Id: <9606270158.AA02723@dolphin>
Subject: Re: Prehistoric UNIX licenses
To: dionj@sco.COM (Dion)
Date: Thu, 27 Jun 1996 11:58:42 +1000 (EST)
Cc: wkt (Warren Toomey)
In-Reply-To:  <9606261720.aa14354@mother.sco.com> from "Dion" at Jun 26, 96 05:20:21 pm
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In atricle by Dion:
> 
> SCO owns the licensing rights all versions of the UNIX system, or
> so our legal folks tell me.  Now, of course there are many
> derivative, licensed versions, and some of the holders of those
> licenses have rights to sublicense.  In the case of BSD
> enhancements, the Berkeley additions are owned by the Regents of
> the University of California, and I believe the UCB license terms
> are well known.
> 
> As for your friends who have rescued ancient PDP machines...  I
> am confident that SCO would cheerfully encourage them to run UNIX
> on these antiques without any payment to us.  I cant quite
> officially give that permission myself, but I can speculate that
> SCO certainly would not mind.
> 
> So go for it.  Does this help?
> -Dion

Dion, thanks very much for your email, in fact I'm ecstatic! I know this
could be a tricky legal minefield, so if possible could SCO draft a letter
(and run it past their lawyers) which sets out exactly what you said above.

In particular, you said that ``SCO would cheerfully encourage them to run UNIX
on these antiques without any payment to us''. Does this mean I can legally
distribute the source code to the PDP versions of UNIX, and to anybody? or
just to people who own PDP-11s. There are PDP-11 emulators available, so
it is conceivable that people who don't even have a real PDP-11 might like
to try UNIX out on these emulators. If to anybody, then I assume this means
the source is legally owned by SCO but freely distributable?

I really appreciate your offer of making these old versions of UNIX
available, but given the legal status of the code to this point, I would
like to cover myself with an officially blessed and signed document from SCO.
Let me know what you can do, and many many thanks again for this!

Cheers,
	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: wkt (Warren Toomey)
Message-Id: <9606272334.AA07024@dolphin>
Subject: Re: Prehistoric UNIX licenses
To: dionj@sco.COM (Dion)
Date: Fri, 28 Jun 1996 09:34:11 +1000 (EST)
Cc: wkt (Warren Toomey)
In-Reply-To:  <9606270759.aa19574@mother.sco.com> from "Dion" at Jun 27, 96 07:59:48 am
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In atricle by Dion:
> 
> If you want it to be an official letter, it's a whole different ballgame.
> I will see what I can find out, but it will take a while.

I can imagine! I think in your original email you meant that SCO wouldn't
take legal action against someone who distributed PDP UNIXs, but at the
same time SCO wouldn't make it officially legal. Even if I can get a signed
statement like that from someone there, that would be good.

I don't think you guys are going to let the PDP UNIXs be legally freely
redistributable, but perhaps we can reach a middle ground somewhere?!

Many thanks for your effort and support in this.

Cheers,
	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: wkt (Warren Toomey)
Message-Id: <9606290418.AA14511@dolphin>
Subject: Re: Prehistoric UNIX licenses
To: dionj@sco.COM (Dion)
Date: Sat, 29 Jun 1996 14:18:20 +1000 (EST)
Cc: wkt (Warren Toomey)
In-Reply-To:  <9606271647.aa26830@mother.sco.com> from "Dion" at Jun 27, 96 04:47:35 pm
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In atricle by Dion:
> 
> Warren,
> I asked our licensing folks back East.
> They are not willing to write a letter because they are busy
> writing up real revenue deals.

Understandable!

> I recommend you go ahead and provide the necessary UNIX code to
> your university colleagues who have restored PDP-11s, as needed,
> with the understanding that they are licensees also, as
> deduced by the above rationalization.
> 
> I hope this works well enough.

Hmm, it's the people who have never had a license that are the problem.
I've got, say, six people who have saved PDP-11s from the dump, and they
would rather run UNIX on them than RT-11. Is there some way that SCO can
give them the right to use UNIX? Even a cheap ($100?) single-user license
would probably be good enough, but I guess that's more paperwork for you guys.

The people who do have licenses (or work for departments with licenses)
don't have any problems. They've been exchanging software for years now,
as you pointed out.

We need a solution that's little or no work for SCO, reasonably cheap
for the people currently without licenses, and legally above board. I
know that Peter Salus and John Lions are negotiating for the right to
publish Lions' commentary on Sixth Edition Unix. Perhaps the SCO folk
looking at that problem might be persuaded to consider this problem
too, as they are fairly similar.

Anyway, I appreciate your help for a situation which isn't going to earn
SCO anything, and I'm sure you've got other things to look after. But if
you could keep the pot boiling at your end, that would be great. I
suspect SCO will get kudos from the Unix community for allowing Lions'
book to be published, and would earn similar kudos if they made these
antique UNIX versions available too.

Thanks for your help!

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: Re: Prehistoric UNIX licenses
Date: Mon, 1 Jul 96 14:29:25 PDT
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Content-Type: text
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Status: RO

I will see if the licensing guys will do anything...

	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Fri Jun 28 21:21:48 1996
	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
	Subject: Re: Prehistoric UNIX licenses
	To: Dion <dionj@sco.COM>
	Date: Sat, 29 Jun 1996 14:18:20 +1000 (EST)
	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
	Status: RO
	
	In atricle by Dion:
	> 
	> Warren,
	> I asked our licensing folks back East.
	> They are not willing to write a letter because they are busy
	> writing up real revenue deals.
	
	Understandable!
	
	> I recommend you go ahead and provide the necessary UNIX code to
	> your university colleagues who have restored PDP-11s, as needed,
	> with the understanding that they are licensees also, as
	> deduced by the above rationalization.
	> 
	> I hope this works well enough.
	
	Hmm, it's the people who have never had a license that are the problem.
	I've got, say, six people who have saved PDP-11s from the dump, and they
	would rather run UNIX on them than RT-11. Is there some way that SCO can
	give them the right to use UNIX? Even a cheap ($100?) single-user license
	would probably be good enough, but I guess that's more paperwork for you guys.
	
	The people who do have licenses (or work for departments with licenses)
	don't have any problems. They've been exchanging software for years now,
	as you pointed out.
	
	We need a solution that's little or no work for SCO, reasonably cheap
	for the people currently without licenses, and legally above board. I
	know that Peter Salus and John Lions are negotiating for the right to
	publish Lions' commentary on Sixth Edition Unix. Perhaps the SCO folk
	looking at that problem might be persuaded to consider this problem
	too, as they are fairly similar.
	
	Anyway, I appreciate your help for a situation which isn't going to earn
	SCO anything, and I'm sure you've got other things to look after. But if
	you could keep the pot boiling at your end, that would be great. I
	suspect SCO will get kudos from the Unix community for allowing Lions'
	book to be published, and would earn similar kudos if they made these
	antique UNIX versions available too.
	
	Thanks for your help!
	
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: Re: PDP Unix - Lions Agreement?
Date: Mon, 15 Jul 96 13:24:04 PDT
Message-Id:  <9607151324.aa25415@mother.sco.com>
Content-Type: text
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Status: RO

Interesting.  I am once again pushing on the bureaucracy
to see if we can get this permission for you.

	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Sun Jul 14 17:21:49 1996
	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
	Subject: PDP Unix - Lions Agreement?
	To: dionj@sco.COM
	Date: Mon, 15 Jul 1996 09:57:12 +1000 (EST)
	Status: RO
	
	Dion,
		Hi, it's me again. I thought I'd touch base with you on the subject
	of PDP Unixes. I've just had an interesting email from Peter Salus
	(peter@usenix.org), who has just negotiated the publication of John Lions'
	commentary on 6th Edition UNIX (with source code). He says:
	
	> The Lions book (which should be out in a few 
	> weeks; it really *is* in production) was negotiated by 
	> me and then ``agreed'' to by Dan Doernberg, the publisher
	> (dand@commons.ip.portal.com).
	
	> Dennis Ritchie and I each wrote to Doug Michels and Mike 
	> Tilson (both VPs at SCO and old UNIX hands) and they 
	> told their lawyers that it was ``OK.''  Thereafter, it
	> was only a matter of drafting and faxing back and forth.
	
	> Why don't you refer Mr. Johnson to Michels and/or 
	> Tilson, referencing the V6 permission?  
	
	> Peter
	
	So it looks like SCO has agreed to the release of PDP UNIX source code,
	in some form. Perhaps we could use this agreement to work on a way to
	make PDP UNIX source code available to owners of PDP-11s?
	
	Thanks again!
	
		Warren		wkt@cs.adfa.oz.au





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: Re: PDP-11 Unix - license agreement?
Date: Thu, 12 Sep 96 7:50:52 PDT
Message-Id:  <9609120750.aa11700@mother.sco.com>
Content-Type: text
Content-Length: 5338
Status: RO

I am pestering the licensing powers again.  

	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Wed Sep 11 20:32:32 1996
	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
	Subject: PDP-11 Unix - license agreement?
	To: dionj@sco.COM
	Date: Thu, 12 Sep 1996 13:25:40 +1000 (EST)
	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
	
	Dion,
		A while back I received email from Mike Tilson about the PDP-11
	versions of Unix. He said that he would like some sort of hobbyist licenses
	to be avilable for PDP Unixes, but that SCO had to protect their large
	investment in the intellectal rights to Unix. He said that any license
	agreement would have to protect these intellectual rights.
	
		Just now, I received an email from Bob Supnik, also a PDP-11
	enthusiast which contains the license agreement from DEC for OS/8.
	Perhaps something along this line, merged with SCO's standard source
	code license agreements might fit the bill?
	
		Finally, Mike Tilson said that you were doing a great job at
	representing the interests of the PDP-11 enthusiasts. Many thanks for
	all your efforts!
	
		Cheers & thanks again,
	
			Warren	wkt@cs.adfa.oz.au
	
	[attached os/8 license]
	Digital License Agreement
	
	This document is your Proof of License and the legal agreement governing your
	use of the OS/8 software.
	
	1 DEFINITION
	
	SOFTWARE TECHNOLOGY shall mean the sources and binaries to the OS/8, an
	operating system that runs on PDP-8 computers.
	
	DIGITAL'S INTELLECTUAL PROPERTY RIGHTS shall mean DIGITAL's patent, copyright
	and trade secret rights in its SOFTWARE TECHNOLOGY.
	
	2 LICENSE GRANT
	
	Digital grants to Customer a worldwide, non-exclusive, royalty-free license
	under DIGITAL's INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, use and
	distribute the SOFTWARE TECHNOLOGY solely for non-commercial uses.
	
	3 TECHNOLOGY TRANSFER AND ACCEPTANCE
	
	3.1 CUSTOMER acknowledges that it accepts the SOFTWARE TECHNOLOGY "AS IS".
	
	3.2 DIGITAL is under no obligation to supply error corrections or updates to
	the SOFTWARE TECHNOLOGY as they become available, or to provide training,
	support or consulting for the SOFTWARE TECHNOLOGY.
	
	4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY
	
	DIGITAL DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE TECHNOLOGY
	LICENSED TO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF
	MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL DIGITAL BE LIABLE FOR ANY
	SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
	RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
	CONTRACT, NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER TORTIOUS
	ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY
	SOFTWARE TECHNOLOGY LICENSE HEREUNDER.
	
	5 INDEMNITY
	
	CUSTOMER will hold DIGITAL harmless against all liabilities, demands,
	damages, expenses, or losses arising out of use by CUSTOMER of SOFTWARE
	TECHNOLOGY or information furnished under this Agreement.
	
	6 TERM AND TERMINATION
	
	6.1 This Agreement shall be effective until otherwise terminated.
	Either party may terminate this Agreement at any time upon 30 days written
	notice.
	
	6.2 If CUSTOMER shall fail to perform or observe any of the terms and
	conditions to be performed or observed by it under this Agreement, DIGITAL
	may in its sole discretion thereafter elect to terminate this Agreement, and
	this Agreement and all the obligations owed and rights granted herein to
	CUSTOMER shall immediately terminate.
	
	6.3 The parties agree that the termination of this Agreement shall not
	release either party from any other liability which shall have accrued to the
	other party at the time such termination becomes effective, nor affect in any
	manner the survival of any right, duty or obligation of either party.
	
	6.4 In the event of any termination of this Agreement for any reason,
	CUSTOMER shall delete all original and all whole or partial copies and
	derivatives of the SOFTWARE TECHNOLOGY provided to CUSTOMER under this
	Agreement.
	
	CUSTOMER further shall cease to use and distribute the SOFTWARE TECHNOLOGY
	in all forms immediately upon the date of termination.
	
	7 GENERAL TERMS
	
	7.1 This Agreement shall be governed by the laws of the Commonwealth of
	Massachusetts.
	
	7.2 This Agreement imposes personal obligations on CUSTOMER. CUSTOMER shall
	not assign any rights under this Agreement not specifically transferable by
	its terms without the written consent of DIGITAL.
	
	7.3 The SOFTWARE TECHNOLOGY obtained under this Agreement may be subject to
	US and other government export control regulations. CUSTOMER assures that it
	will comply with these regulations whenever it exports or re-exports a
	controlled product or technical data obtained from DIGITAL or any product
	produced directly from the SOFTWARE TECHNOLOGY.
	
	7.4 The waiver of a breach hereunder may be effected only by a writing signed
	by the waiving party and shall not constitute a waiver of any other breach.
	
	7.5 CUSTOMER acknowledges that he has read this Agreement, understands it and
	agrees to be bound by its term and further agrees that it is the complete and
	exclusive statement of the Agreement between the parties which supersedes all
	communications and understanding between the parties relating to the subject
	matter of this Agreement.






From mairix@mairix Mon Jan  1 12:34:56 1970
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          12 Sep 96 12:48 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: source licenses
Date: Thu, 12 Sep 96 12:47:31 PDT
Message-Id:  <9609121247.aa16451@mother.sco.com>
Content-Type: text
Content-Length: 996
Status: ROr

Greetings, Warren,

This is the conclusion after considerable discussion here.





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1996/09/12
Return-Path: <wkt>
Received: by dolphin (5.x/SMI-SVR4)
	id AA21707; Thu, 12 Sep 1996 13:25:40 +1000
From: wkt (Warren Toomey)
Message-Id: <9609120325.AA21707@dolphin>
Subject: PDP-11 Unix - license agreement?
To: dionj@sco.COM
Date: Thu, 12 Sep 1996 13:25:40 +1000 (EST)
Cc: wkt (Warren Toomey)
In-Reply-To: <c=US%a=_%p=Digital%l=CST-960911125958Z-244@cst.ljo.dec.com> from "Bob Supnik" at Sep 11, 96 08:59:58 am
X-Mailer: ELM [version 2.4 PL24 ME8a]
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Status: RO

Dion,
	A while back I received email from Mike Tilson about the PDP-11
versions of Unix. He said that he would like some sort of hobbyist licenses
to be avilable for PDP Unixes, but that SCO had to protect their large
investment in the intellectal rights to Unix. He said that any license
agreement would have to protect these intellectual rights.

	Just now, I received an email from Bob Supnik, also a PDP-11
enthusiast which contains the license agreement from DEC for OS/8.
Perhaps something along this line, merged with SCO's standard source
code license agreements might fit the bill?

	Finally, Mike Tilson said that you were doing a great job at
representing the interests of the PDP-11 enthusiasts. Many thanks for
all your efforts!

	Cheers & thanks again,

		Warren	wkt@cs.adfa.oz.au

[attached os/8 license]
Digital License Agreement

This document is your Proof of License and the legal agreement governing your
use of the OS/8 software.

1 DEFINITION

SOFTWARE TECHNOLOGY shall mean the sources and binaries to the OS/8, an
operating system that runs on PDP-8 computers.

DIGITAL'S INTELLECTUAL PROPERTY RIGHTS shall mean DIGITAL's patent, copyright
and trade secret rights in its SOFTWARE TECHNOLOGY.

2 LICENSE GRANT

Digital grants to Customer a worldwide, non-exclusive, royalty-free license
under DIGITAL's INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, use and
distribute the SOFTWARE TECHNOLOGY solely for non-commercial uses.

3 TECHNOLOGY TRANSFER AND ACCEPTANCE

3.1 CUSTOMER acknowledges that it accepts the SOFTWARE TECHNOLOGY "AS IS".

3.2 DIGITAL is under no obligation to supply error corrections or updates to
the SOFTWARE TECHNOLOGY as they become available, or to provide training,
support or consulting for the SOFTWARE TECHNOLOGY.

4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY

DIGITAL DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE TECHNOLOGY
LICENSED TO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL DIGITAL BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY
SOFTWARE TECHNOLOGY LICENSE HEREUNDER.

5 INDEMNITY

CUSTOMER will hold DIGITAL harmless against all liabilities, demands,
damages, expenses, or losses arising out of use by CUSTOMER of SOFTWARE
TECHNOLOGY or information furnished under this Agreement.

6 TERM AND TERMINATION

6.1 This Agreement shall be effective until otherwise terminated.
Either party may terminate this Agreement at any time upon 30 days written
notice.

6.2 If CUSTOMER shall fail to perform or observe any of the terms and
conditions to be performed or observed by it under this Agreement, DIGITAL
may in its sole discretion thereafter elect to terminate this Agreement, and
this Agreement and all the obligations owed and rights granted herein to
CUSTOMER shall immediately terminate.

6.3 The parties agree that the termination of this Agreement shall not
release either party from any other liability which shall have accrued to the
other party at the time such termination becomes effective, nor affect in any
manner the survival of any right, duty or obligation of either party.

6.4 In the event of any termination of this Agreement for any reason,
CUSTOMER shall delete all original and all whole or partial copies and
derivatives of the SOFTWARE TECHNOLOGY provided to CUSTOMER under this
Agreement.

CUSTOMER further shall cease to use and distribute the SOFTWARE TECHNOLOGY
in all forms immediately upon the date of termination.

7 GENERAL TERMS

7.1 This Agreement shall be governed by the laws of the Commonwealth of
Massachusetts.

7.2 This Agreement imposes personal obligations on CUSTOMER. CUSTOMER shall
not assign any rights under this Agreement not specifically transferable by
its terms without the written consent of DIGITAL.

7.3 The SOFTWARE TECHNOLOGY obtained under this Agreement may be subject to
US and other government export control regulations. CUSTOMER assures that it
will comply with these regulations whenever it exports or re-exports a
controlled product or technical data obtained from DIGITAL or any product
produced directly from the SOFTWARE TECHNOLOGY.

7.4 The waiver of a breach hereunder may be effected only by a writing signed
by the waiving party and shall not constitute a waiver of any other breach.

7.5 CUSTOMER acknowledges that he has read this Agreement, understands it and
agrees to be bound by its term and further agrees that it is the complete and
exclusive statement of the Agreement between the parties which supersedes all
communications and understanding between the parties relating to the subject
matter of this Agreement.





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1996/10/01
Return-Path: <dionj@sco.COM>
Received: from sco.sco.COM by csadfa.cs.adfa.oz.au (5.x/SMI-SVR4)
	id AA04150; Wed, 2 Oct 1996 09:34:43 +1000
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          1 Oct 96 16:33 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: Re: source licenses
Cc: dionj@sco.COM
Date: Tue, 1 Oct 96 16:33:31 PDT
Message-Id:  <9610011633.aa20989@mother.sco.com>
Content-Type: text
Content-Length: 3218
Status: ROr

I appreciate your persistence.  Very much in the UNIX tradition. :-)

Comments below.

	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
	Subject: Re: source licenses
	To: Dion <dionj@sco.COM>
	Date: Wed, 2 Oct 1996 09:13:58 +1000 (EST)
	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
	In-Reply-To:  <9609121247.aa16451@mother.sco.com> from "Dion" at Sep 12, 96 12:47:31 pm
	
	In atricle by Dion:
	> 
	> Greetings, Warren,
	> 
	> This is the conclusion after considerable discussion here.
	> 
	> From a legal standpoint, for the kind of license you want, there
	> is still too much risk of exposure of parts of the UNIX source
	> code that, even after all these years, is still under trade
	> secret protection.  Bear in mind that if we reliquish trade 
	> secret protection for certain techniques and processes that
	> exist in the old version, it would also impact the claims
	> of protection in current product.
	> 
	> We might consider offering a binary license for old versions of
	> the UNIX System.  This would be accomplished by modifying the
	> form of the Digital license for the 0S/8.  We might be able to
	> offer something like that if you think it would help.
	> 
	> But source code looks like a no-go.
	
	Thanks for the email Dion, I guess a binary-only license would be
	better than nothing.  However, I had an idea last night.
	
	I assume SCO sells source licenses for SysVR4.2 (or whatever the
	current version is).  SCO must believe that the license protects
	their intellectual property in SysVR4.2.

That's right; we do.
	
	Take that license & replace `SysVR4.2 UNIX' with `5th, 6th & 7th
	Edition UNIX'.  Now, does this modified source license protect
	SCO's intellectual property which is in 5th, 6th & 7th Edition
	UNIX?  If so, then would SCO agree to sell this source license?

 Certainly.
	
	I assume that the price tag is not written into the SysVR4.2
	source license, and so changing the cost of a `5th, 6th & 7th
	Edition UNIX' source license would not be too much of a problem.

Right again.
	
	Can you let me know if there are any problems with this approach?

We are willing to sell you a source license, provided we make
enough money to cover the cost of writing up a license agreement,
getting signatures, etc.  Probably costs us a few hundred dollars
of legal and processing time.  Or maybe we would just consider that
a donation to the good of the UNIX culture.  

But the issue is that this license does not give you the right to
provide that source code to anyone else, which is what you want
to do.  In other words, you are not licensed to SUBLICENSE the
source. 

Now you could argue that we could and should provide this source
license directly to your various friends who want to get the 
source code.  OK, we might be able to do this (if volume were
not excessive) but there would have to be a license for each
one, which (as I recall) violated your desire to be able to
supply the source code easily and directly from your site.

Does this make sense?
-Dion
Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
SCO Product Manager - Development Systems and Various Other Stuff
400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1996/10/02
Return-Path: <wkt>
Received: by dolphin (5.x/SMI-SVR4)
	id AA01743; Wed, 2 Oct 1996 09:13:58 +1000
From: wkt (Warren Toomey)
Message-Id: <9610012313.AA01743@dolphin>
Subject: Re: source licenses
To: dionj@sco.COM (Dion)
Date: Wed, 2 Oct 1996 09:13:58 +1000 (EST)
Cc: wkt (Warren Toomey)
In-Reply-To:  <9609121247.aa16451@mother.sco.com> from "Dion" at Sep 12, 96 12:47:31 pm
X-Mailer: ELM [version 2.4 PL24 ME8a]
Mime-Version: 1.0
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Content-Type: text/plain; charset=US-ASCII
Content-Length:  1649
Status: RO

In atricle by Dion:
> 
> Greetings, Warren,
> 
> This is the conclusion after considerable discussion here.
> 
> From a legal standpoint, for the kind of license you want, there
> is still too much risk of exposure of parts of the UNIX source
> code that, even after all these years, is still under trade
> secret protection.  Bear in mind that if we reliquish trade 
> secret protection for certain techniques and processes that
> exist in the old version, it would also impact the claims
> of protection in current product.
> 
> We might consider offering a binary license for old versions of
> the UNIX System.  This would be accomplished by modifying the
> form of the Digital license for the 0S/8.  We might be able to
> offer something like that if you think it would help.
> 
> But source code looks like a no-go.

Thanks for the email Dion, I guess a binary-only license would be better
than nothing. However, I had an idea last night.

I assume SCO sells source licenses for SysVR4.2 (or whatever the current
version is). SCO must believe that the license protects their intellectual
property in SysVR4.2.

Take that license & replace `SysVR4.2 UNIX' with `5th, 6th & 7th Edition UNIX'.
Now, does this modified source license protect SCO's intellectual property
which is in 5th, 6th & 7th Edition UNIX? If so, then would SCO agree to sell
this source license?

I assume that the price tag is not written into the SysVR4.2 source license,
and so changing the cost of a `5th, 6th & 7th Edition UNIX' source license
would not be too much of a problem.

Can you let me know if there are any problems with this approach?

Thanks again!

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1996/10/18
Return-Path: <dionj@sco.COM>
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          18 Oct 96 8:18 PDT
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          18 Oct 96 8:19 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: Re: source licenses
Date: Fri, 18 Oct 96 8:18:52 PDT
Message-Id:  <9610180818.aa10064@mother.sco.com>
Content-Type: text
Content-Length: 2473
Status: ROr


There is no problem with providing YOU with a source license.
Nor is there any problem with providing a source license to EACH
of your friends who want that code, except for the administrative
expense of doing so.

The problem is that source code cannot be sublicensed.  That is,
once you have it, you are not allowed to provide it to anyone
else.   And this is what you want to do.


	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Tue Oct  1 16:22:34 1996
	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
	Subject: Re: source licenses
	To: Dion <dionj@sco.COM>
	Date: Wed, 2 Oct 1996 09:13:58 +1000 (EST)
	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
	In-Reply-To:  <9609121247.aa16451@mother.sco.com> from "Dion" at Sep 12, 96 12:47:31 pm
	Status: RO
	
	In atricle by Dion:
	> 
	> Greetings, Warren,
	> 
	> This is the conclusion after considerable discussion here.
	> 
	> From a legal standpoint, for the kind of license you want, there
	> is still too much risk of exposure of parts of the UNIX source
	> code that, even after all these years, is still under trade
	> secret protection.  Bear in mind that if we reliquish trade 
	> secret protection for certain techniques and processes that
	> exist in the old version, it would also impact the claims
	> of protection in current product.
	> 
	> We might consider offering a binary license for old versions of
	> the UNIX System.  This would be accomplished by modifying the
	> form of the Digital license for the 0S/8.  We might be able to
	> offer something like that if you think it would help.
	> 
	> But source code looks like a no-go.
	
	Thanks for the email Dion, I guess a binary-only license would be
	better than nothing.  However, I had an idea last night.
	
	I assume SCO sells source licenses for SysVR4.2 (or whatever the
	current version is).  SCO must believe that the license protects
	their intellectual property in SysVR4.2.
	
	Take that license & replace `SysVR4.2 UNIX' with `5th, 6th & 7th
	Edition UNIX'.  Now, does this modified source license protect
	SCO's intellectual property which is in 5th, 6th & 7th Edition
	UNIX?  If so, then would SCO agree to sell this source license?
	
	I assume that the price tag is not written into the SysVR4.2
	source license, and so changing the cost of a `5th, 6th & 7th
	Edition UNIX' source license would not be too much of a problem.
	
	Can you let me know if there are any problems with this approach?
	
	Thanks again!
	
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1996/10/21
Return-Path: <dionj@sco.COM>
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	id AA14402; Tue, 22 Oct 1996 07:47:04 +1000
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          21 Oct 96 14:46 PDT
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          21 Oct 96 14:46 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: Re: source licenses
Date: Mon, 21 Oct 96 14:46:14 PDT
Message-Id:  <9610211446.aa06461@mother.sco.com>
Content-Type: text
Content-Length: 4235
Status: ROr

Earlier, you said you wanted to distribute this source.
The problem is back to where we started.  We dont want to
distribute/license this source because it is costly and
I want our licensing/sales people to be doing other things.
And our legal people say that you cant sublicense (distribute)
it.  So we can give YOU a license, but you cant give a license
to anyone else.  And we do not want to provide licenses to
all your friends.

   From dionj Thu Jun 27 07:59:48 1996
   From: dionj@sco.com (Dion)
   To: wkt@csadfa.cs.adfa.oz.au
   Subject: Re: Prehistoric UNIX licenses
   Cc: dionj
   Date: Thu, 27 Jun 96 7:59:48 PDT
   
   If you want it to be an official letter, it's a whole different ballgame.
   I will see what I can find out, but it will take a while.
   Thanks for your interest.
   
   	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
   	Subject: Re: Prehistoric UNIX licenses
   	To: Dion <dionj@sco.COM>
   	Date: Thu, 27 Jun 1996 11:58:42 +1000 (EST)
   	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
   	
   	In atricle by Dion:
   	> 
   	> SCO owns the licensing rights all versions of the UNIX system, or
   	> so our legal folks tell me.  Now, of course there are many
   	> derivative, licensed versions, and some of the holders of those
   	> licenses have rights to sublicense.  In the case of BSD
   	> enhancements, the Berkeley additions are owned by the Regents of
   	> the University of California, and I believe the UCB license terms
   	> are well known.
   	> 
   	> As for your friends who have rescued ancient PDP machines...  I
   	> am confident that SCO would cheerfully encourage them to run UNIX
   	> on these antiques without any payment to us.  I cant quite
   	> officially give that permission myself, but I can speculate that
   	> SCO certainly would not mind.
   	> 
   	> So go for it.  Does this help?
   	> -Dion
   	
   	Dion, thanks very much for your email, in fact I'm ecstatic! I know this
   	could be a tricky legal minefield, so if possible could SCO draft a letter
   	(and run it past their lawyers) which sets out exactly what you said above.
   	
   	In particular, you said that ``SCO would cheerfully encourage them to run UNIX
   	on these antiques without any payment to us''. Does this mean I can legally
   	distribute the source code to the PDP versions of UNIX, and to anybody? or
   	just to people who own PDP-11s. There are PDP-11 emulators available, so
   	it is conceivable that people who don't even have a real PDP-11 might like
   	to try UNIX out on these emulators. If to anybody, then I assume this means
   	the source is legally owned by SCO but freely distributable?
   	
   	I really appreciate your offer of making these old versions of UNIX
   	available, but given the legal status of the code to this point, I would
   	like to cover myself with an officially blessed and signed document from SCO.
   	Let me know what you can do, and many many thanks again for this!
   	
   	Cheers,
   		Warren
   
our recent mail:
   	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Fri Oct 18 17:37:06 1996
   	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
   	Subject: Re: source licenses
   	To: Dion <dionj@sco.COM>
   	Date: Sat, 19 Oct 1996 10:31:45 +1000 (EST)
   	In-Reply-To:  <9610180818.aa10064@mother.sco.com> from "Dion" at Oct 18, 96 08:18:52 am
   	
   	In atricle by Dion:
   	> 
   	> 
   	> There is no problem with providing YOU with a source license.
   	> Nor is there any problem with providing a source license to EACH
   	> of your friends who want that code, except for the administrative
   	> expense of doing so.
   	> 
   	> The problem is that source code cannot be sublicensed.  That is,
   	> once you have it, you are not allowed to provide it to anyone
   	> else.   And this is what you want to do.
   	
   	Argh! No, I don't want to provide it to anyone else, I just want anyone
   	else to be able to get it. Being able to obtain a source license from
   	SCO would be a perfect solution. Believe me, if SCO made source licenses
   	available, I'd be a completely happy person :-)
   	
   	Would SCO make a non-redistributable PDP-11 Unix source license available?
   	
   	Thanks!
   		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1996/11/25
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	id AA17295; Tue, 26 Nov 1996 04:44:28 +1100
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From: Michael Tilson <mike@sco.COM>
To: wkt@csadfa.cs.adfa.oz.au, dionj@sco.COM
Subject: Survey Results on PDP-11 Unix License
X-Mailer: SCO Shell
Date: Mon, 25 Nov 1996 9:22:49 -0800 (PST)
Message-Id:  <9611250922.aa14005@novasco.sco.com>
Content-Type: text
Content-Length: 2877
Status: RO

I personally think this would be a nice thing to do.  As I explained 
in earlier e-mail, I think there are a number of issues that would 
require considerably more thought than the effort that went into 
releasing the Lions book, as this deals with a core of UNIX that is 
still of value even today (I guess the original authors did a pretty 
good job!)

It would be our product development people who would make such a call. 
Dion would be the best person to locate the "right party".  Given the 
stress our PD organization is under as we ramp up to our Gemini 
release (and this includes stress in the legal and contract 
negotiating staff as well) I would have to caution that this has a 
small probability of happening any time soon.  The issue isn't that 
people are willing to pay a handling/licensing fee, but rather just 
the attention needed to do this right (without risk to our core 
business of UNIX systems) versus the other demands on people's time.
I'm not saying this to dampen your enthusiasm, I'd just hate to see 
those 50 people feeling disappointed because their expectations 
weren't set properly.

As I said, it would be nice for this to happen in some way, and when 
and if the right people in the development organization become 
engaged, I'd be happy to provide advice to them.

> From sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Sun Nov 24 17:33:37 1996
> From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
> Message-Id: <9611250123.AA08724@dolphin>
> Subject: Survey Results on PDP-11 Unix License
> To: mike@sco.com, dionj@sco.com
> Date: Mon, 25 Nov 1996 12:23:34 +1100 (EST)
> X-Mailer: ELM [version 2.4 PL24 ME8a]
> Mime-Version: 1.0
> Content-Type: text/plain; charset=US-ASCII
> Content-Transfer-Encoding: 7bit

> Mike, Dion,

>       I hope you don't mind me bothering you again. I'm running a survey
> to find out who would buy individual PDP-11 Unix licenses from SCO. The
> questionnaire and the results are at http://minnie.cs.adfa.oz.au/PUPS/

> A quick summary of the 50 submissions is that people would be prepared to
> pay around US$200 for a source license to PDP-11 Unix. Preferences are
> for full source code (not kernel-only), with v6, v7 & 2BSD being most popular.
> People would agree to no license resale, no source redistribution and
> non-commercial use, with a 50/50 split as to whether a single-user license
> would be ok or not.

> Given the availability of the Lions Commentary (and I've emailed Peter Salus
> to find out how well the book is selling), I think that more & more people
> will be interested in obtaining an on-line copy of the source.

> If you would like me to put any other questions into the survey, I'd be more
> than glad to!

> Thanks again for your time.

>       Warren  wkt@cs.adfa.oz.au
--------------------------------------------------------------------------------
//Michael Tilson








From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 03 Dec 1996 11:23:13 -0800
To: wkt@cs.adfa.oz.au
From: Michael Tilson <mike@sco.COM>
Subject: fyi; Simulator 2.2d release with demonstration software
Cc: dionj@sco.COM
Content-Type: text/plain; charset="us-ascii"
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Status: ROr

You may be interested to learn that SCO has licensed PDP-11 UNIX binary
distributions for personal non-commercial education purposes, for Fifth,
Sixth, and Seventh Edition versions of UNIX for the PDP-11.  While this is
not source code, it certainly seems of interest to PUPS members.  Hope this
helps.

>>>From: Bob Supnik <bob.supnik@ljo.dec.com>
>>>To: ...
>>>Date: Mon, 2 Dec 1996 19:56:40 -0500
>>>
>>>This notice is being posted today in relevant Usenet conferences. 
>>> Thanks for your help in reaching a major milestone!
>>>
>>>Computer History Simulators V2.2d: Release Notes
>>>
>>>V2.2d is a major release of the simulators for the Computer History 
>>>project.  It includes simulators for:
>>>
>>>	- Data General Nova
>>>	- Digital Equipment Corporation PDP-8
>>>	- Digital Equipment Corporation PDP-11
>>>	- Digital Equipment Corporation 18b PDP's
>>>	  (PDP-4, PDP-7, PDP-9, PDP-15)
>>>	- IBM 1401
>>>
>>>These simulators are freeware.  They are intended for personal or 
>>>educational use and are provided on an as-is basis.  Support is not 
>>>available, and commercial use is prohibited.  See the documentation 
>>>for debug status for each simulator.
>>>
>>>This release also includes demonstration software for the PDP-8, 
>>>PDP-11, and Nova:
>>>
>>>	- RDOS V7.5 for the Nova
>>>	- OS/8 for the PDP-8
>>>	- UNIX V5, V6, and V7 for the PDP-11
>>>	
>>>The demonstration software is provided for personal, non-commercial 
>>>use, under license from its current owners (Data General for RDOS, 
>>>Digital Equipment Corporation for OS/8, and the Santa Cruz Operation 
>>>for UNIX).  Please be sure to read the license agreements before using 
>>>or distributing the demonstration software.  A copy of the appropriate 
>>>license agreement(s) must be included with any copy of the 
>>>demonstration software.  I gratefully acknowledge the generous help 
>>>and support of Data General Corporation, Digital Equipment 
>>>Corporation, and the Santa Cruz Organization in making the 
>>>demonstration software and supporting license agreements available.
>>>
>>>The simulator sources and documentation are contained in a compressed 
>>>tar archive on the public FTP server ftp.digital.com:
>>>
>>>	/pub/DEC/sim/sources/sim_2.2d.tar.Z
>>>
>>>The simulators have been tested under Digital UNIX, VAX VMS, Alpha 
>>>VMS, and Intel Linux.  A port to Windows 95/Windows NT is underway. 
>>> Porting to other little-endian UNIX systems is straightforward, but 
>>>porting to big-endian systems is not: data representations are endian 
>>>dependent.
>>>
>>>The demonstration software and licenses are contained in multiple 
>>>compressed tar archives on the public FTP server ftp.digital.com:
>>>
>>>	/pub/DEC/sim/software/rdosswre.tar.Z	- RDOS
>>>	/pub/DEC/sim/software/os8swre.tar.Z	- OS/8
>>>	/pub/DEC/sim/software/uv5swre.tar.Z	- UNIX V5
>>>	/pub/DEC/sim/software/uv6swre.tar.Z	- UNIX V6
>>>	/pub/DEC/sim/software/uv7swre.tar.Z	- UNIX V7
>>>
>>>(Very) cursory instructions for using the demonstration software are 
>>>included in the simulator documentation.
>>>
>>>The simulator project includes many contributions.  For a more 
>>>detailed description of the simulator itself, and the many people who 
>>>helped with it, please see the (forthcoming) December 96 issue of the 
>>>Digital Technical Journal, which has an article on "Restoring Old 
>>>Computers" by Max Burnet and Bob Supnik.
>>>
>>>YOU can contribute to the computer history project!  The simulator is 
>>>an open-ended framework, and contributions are welcome, such as:
>>>
>>>	- further debuging of the existing simulators
>>>	- additional peripherals for existing simulators
>>>	- new software images for existing simulators
>>>	- new simulators
>>>	- terminal emulation routines for Windows 95/Windows NT
>>>	- ports to other operating environments
>>>
>>>Please send your contributions to bob.supnik@ljo.dec.com.
>>>

// Michael Tilson, CIO
// SCO, +1-408-429-4889






From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/01/24
Return-Path: <dionj@sco.COM>
Received: from sco.sco.COM by csadfa.cs.adfa.oz.au (5.x/SMI-SVR4)
	id AA23445; Sat, 25 Jan 1997 10:40:02 +1100
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          24 Jan 97 15:38 PST
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          24 Jan 97 15:40 PST
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@csadfa.cs.adfa.oz.au
Subject: PDP 11 binaries available
Date: Fri, 24 Jan 97 15:40:46 PST
Message-Id:  <9701241540.aa15811@mother.sco.com>
Content-Type: text
Content-Length: 681
Status: ROr

I guess you know about this?
-Dion

	From: Bob Supnik <bob.supnik@ljo.dec.com>
	To: 'Dion' <dionj@sco.COM>
	Subject: RE: licenses/available of geriatric UNIX releases
	Date: Thu, 2 Jan 1997 17:12:02 -0500
	
	SCO, thanks to Scott, granted hobbyists worldwide a binary license to 
	use UNIX V5, V6, and V7 for the PDP-11.  The licenses, the disk images 
	that go with them, and the simulator that runs them can all be found 
	on
	
	ftp://ftp.digital.com/pub/DEC/sim/{software,sources}
	
	The information is self explanatory (I hope!).  Note that the licenses 
	do NOT include sources; however, a book of the V6 sources has been 
	published recently.
	
	/Bob Supnik
	
	----------
	
	





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/01/26
Return-Path: <wkt>
Received: by dolphin (5.x/SMI-SVR4)
	id AA20919; Sun, 26 Jan 1997 11:09:10 +1100
From: wkt (Warren Toomey)
Message-Id: <9701260009.AA20919@dolphin>
Subject: Re: PDP 11 binaries available
To: dionj@sco.COM (Dion)
Date: Sun, 26 Jan 1997 11:09:10 +1100 (EST)
Cc: wkt (Warren Toomey)
In-Reply-To:  <9701241540.aa15811@mother.sco.com> from "Dion" at Jan 24, 97 03:40:46 pm
X-Mailer: ELM [version 2.4 PL24 ME8a]
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Status: O

In atricle by Dion:
> I guess you know about this? [SCO binary licenses for v5,v6,v7]
> -Dion

I sure do. I don't know who at SCO helped get this done but my (and many
others) thanks for their effort! There's about 70 people interested in
paying for src licenses, as shown by the survey results at
http://minnie.cs.adfa.oz.au/PUPS/

I'm getting Dan ???, who publishes the Lions Commentary, to point his
web pages at the URL above, so perhaps more people will fill in the survey;
he reports thousands of copies of the book have been sold.

So I think that there is some interest in cheap source licenses. I know
you guys are always busy, but it'd be great to get something worked out
soon.

Thanks for the email Dion. Hope you had a good Christmas/New Year's break!

Catch you again,

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/07/01
Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id FAA16254 for <wkt@henry.cs.adfa.oz.au>; Wed, 2 Jul 1997 05:02:14 +1000 (EST)
Received: from tahoe.pdev.sco.com by sco.sco.COM id ab00212; 1 Jul 97 11:34 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@henry.cs.adfa.oz.au
Subject: Re: Petition for PDP-11 Source Code Licenses
Cc: dseagrav@bsdserver.tek-star.net, johnb@sco.COM, levine@sco.COM, pr@sco.COM,
        wjm@sco.COM
Date: Tue, 1 Jul 97 11:25:19 PDT
Message-ID:  <9707011125.aa20765@tahoe.pdev.sco.com>
Status: ROr

An excellent idea!  Thanks for letting me know.

I will certainly be your advocate on this.

I just got another request from a guy whom I will
copy here so he can participate. :-)

Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
Internet Way of Computing - Java - Technical Tools 
400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

	From sco.sco.com!henry.cs.adfa.oz.au!wkt Mon Jun 30 18:51:46 1997
	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Subject: Petition for PDP-11 Source Code Licenses
	To: dionj@sco.com
	Date: Tue, 1 Jul 1997 11:04:36 +1000 (EST)
	
	Hi Dion,
	I thought I should let you know that I'm organising a formal petition
	to SCO about PDP-11 UNIX source code licenses, rather than perpetually
	hassling you about it. The in-progress petition is at
	
		http://minnie.cs.adfa.oz.au/PUPS/petition.html
	
	and your comments on it are very much appreciated. We really want to work
	with SCO on this & appreciate SCO's efforts to date with the Lions Book
	and the binary licenses to 5th, 6th and 7th Edition.
	
	At a later date, when the petition's ``fully signed'', we will make a
	formal presentation of the petition to SCO.
	
	Cheers,
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/07/01
Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id KAA16786 for <wkt@henry.cs.adfa.oz.au>; Wed, 2 Jul 1997 10:05:27 +1000 (EST)
Received: from tahoe.pdev.sco.com by sco.sco.COM id aa14009; 1 Jul 97 16:43 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@henry.cs.adfa.oz.au
Subject: Re: Petition for PDP-11 Source Code Licenses
Cc: johnb@sco.COM, levine@sco.COM, wjm@sco.COM
Date: Tue, 1 Jul 97 16:34:23 PDT
Message-ID:  <9707011634.aa17367@tahoe.pdev.sco.com>
Status: ROr

I think SCO's legal dept has a concern that we do not want
to lose trade secret status or control of certain technologies
and intellectual property that may be in this source code.

Trade secret law provides that we must make certain kinds
of protections for our technology.  We cant just give away
freely because it loses secrecy.  We can provide it under
a suitable license because the license agreement can 
embody the necessary protections.

In other words, we are happy for you guys to have this source
code (possibly with some nominal payment that helps cover our
costs) but we dont want to lose any legal control of the
"secrets".  It may be that we (SCO) still have obligations
inherited from other, ancient contracts with various technology
suppliers about such matters, etc.

Looking at your proposed license terms (strictly an amateur
review; I am not a lawyer :-) I think they seem very fair and
plausible.  I will see if our legal staff can find time to
research this.  I agree that it would certainly be an excellent
PR action for SCO to take, as the flag carrier of the UNIX
heritage.

-Dion
Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
Internet Way of Computing - Java - Technical Tools 
400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

	From sco.sco.com!henry.cs.adfa.oz.au!wkt Tue Jul  1 16:11:10 1997
	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Subject: Re: Petition for PDP-11 Source Code Licenses
	To: Dion <dionj@sco.com>
	Date: Wed, 2 Jul 1997 08:52:26 +1000 (EST)
	Cc: dseagrav@bsdserver.tek-star.net, johnb@sco.com, levine@sco.com, 
	    pr@sco.com, wjm@sco.com
	
	In atricle by Dion:
		[ re my petition for PDP-11 UNIX source licenses ]
	> An excellent idea!  Thanks for letting me know.
	> I will certainly be your advocate on this.
	> I just got another request from a guy whom I will
	> copy here so he can participate. :-)
	> 
	> Dion
	
	Thanks for your reply Dion, and send constructive criticism! We'd like to
	know what sort of things SCO would like to see in such a source license.
	
	Cheers,
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/07/01
Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id LAA15241; Tue, 1 Jul 1997 11:04:36 +1000 (EST)
From: Warren Toomey <wkt>
Message-Id: <199707010104.LAA15241@henry.cs.adfa.oz.au>
Subject: Petition for PDP-11 Source Code Licenses
To: dionj@sco.com
Date: Tue, 1 Jul 1997 11:04:36 +1000 (EST)
X-Mailer: ELM [version 2.4ME+ PL22 (25)]
MIME-Version: 1.0
Content-Type: text/plain; charset=US-ASCII
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Status: RO

Hi Dion,
	I thought I should let you know that I'm organising a formal petition
to SCO about PDP-11 UNIX source code licenses, rather than perpetually
hassling you about it. The in-progress petition is at

	http://minnie.cs.adfa.oz.au/PUPS/petition.html

and your comments on it are very much appreciated. We really want to work
with SCO on this & appreciate SCO's efforts to date with the Lions Book
and the binary licenses to 5th, 6th and 7th Edition.

At a later date, when the petition's ``fully signed'', we will make a
formal presentation of the petition to SCO.

Cheers,
	Warren




From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/07/02
Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id KAA16811; Wed, 2 Jul 1997 10:15:36 +1000 (EST)
From: Warren Toomey <wkt>
Message-Id: <199707020015.KAA16811@henry.cs.adfa.oz.au>
Subject: Re: Petition for PDP-11 Source Code Licenses
To: dionj@sco.COM (Dion)
Date: Wed, 2 Jul 1997 10:15:36 +1000 (EST)
In-Reply-To:  <9707011634.aa17367@tahoe.pdev.sco.com> from Dion at "Jul 1, 97 04:34:23 pm"
X-Mailer: ELM [version 2.4ME+ PL22 (25)]
MIME-Version: 1.0
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit
Status: RO

In atricle by Dion:
> I think SCO's legal dept has a concern that we do not want
> to lose trade secret status or control of certain technologies
> and intellectual property that may be in this source code.
> 
> Trade secret law provides that we must make certain kinds
> of protections for our technology.  We cant just give away
> freely because it loses secrecy.  We can provide it under
> a suitable license because the license agreement can 
> embody the necessary protections.
> 
> In other words, we are happy for you guys to have this source
> code (possibly with some nominal payment that helps cover our
> costs) but we dont want to lose any legal control of the
> "secrets".  It may be that we (SCO) still have obligations
> inherited from other, ancient contracts with various technology
> suppliers about such matters, etc.
> 
> Looking at your proposed license terms (strictly an amateur
> review; I am not a lawyer :-) I think they seem very fair and
> plausible.  I will see if our legal staff can find time to
> research this.  I agree that it would certainly be an excellent
> PR action for SCO to take, as the flag carrier of the UNIX
> heritage.

Thanks Dion. I can tell you I've had a lot of good feedback about SCO
regarding their support for the Lions' Commentary and their free PDP-11
UNIX binary license. If we can reach an agreement on the source licenses,
then if SCO staged an announcement about them at a USENIX conference,
for example, it would be terrific PR.

I don't know what you guys feel about pricing. $200 would be max, I think,
for individuals to want to pay. $100 would be better :-)

Also, if the license idea gets done, we'd need to come up with a source
code distribution mechanism which is also acceptable. I don't think SCO
would want to bother with it, which is why I mentioned it in the petition.

If a 3rd party was given the distribution task (say me, for example), a
way of proving that someone has purchased the license would be required.
We can come up with the gory details later.

Anyway, less talk from me. I'll let the petition run for a few weeks & then
pass it on to you guys.

Thanks again!

	Warren






From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/07/09
Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id QAA02872; Wed, 9 Jul 1997 16:00:23 +1000 (EST)
From: Warren Toomey <wkt>
Message-Id: <199707090600.QAA02872@henry.cs.adfa.oz.au>
Subject: Formal Presentation of Petition to SCO
To: dionj@sco.com, mike@sco.com
Date: Wed, 9 Jul 1997 16:00:22 +1000 (EST)
Priority: urgent
Return-Receipt-To: wkt@cs.adfa.oz.au
X-Mailer: ELM [version 2.4ME+ PL22 (25)]
MIME-Version: 1.0
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Content-Transfer-Encoding: 8bit
Status: RO

Dion, Mike,

	I'd like to formally present the attached petition regarding source
licenses for PDP-11 UNIX to SCO. Can you pass this on to the appropriate
people upstairs (or wherever)? The petition can also be found at:

	http://minnie.adfa.oz.au/PUPS/petition.html

There are over 200 signatures on the petition, and some of them have very
high standing in the UNIX community. The petition's only been running for
a week, and you can check the URL for more recent signatures.

I'm sure you're all pretty busy there, but an official response from SCO
in, say, a few weeks would be great!

Many thanks for your help & support,

	Warren Toomey	wkt@cs.adfa.oz.au

---------------------------------------------------------------------------
The Santa Cruz Operation, Inc.
Dear Sirs/Madams,

We, the undersigned, are a group of people who are interested in obtaining
legal access to the source code and binaries of the versions of UNIX that
ran on the PDP-11 range of computers from Digital Equipment Corporation. We
would like legal access to these versions of UNIX to be available because:

   * they are of great historical importance, and/or
   * we personally own PDP-11 computers on which these systems will run.

The Santa Cruz Operation, Inc. owns the copyright to these very old versions
of UNIX. We understand and appreciate that SCO wishes to protect their
intellectual property within, and ownership of, these versions of UNIX.
Therefore, we wish to petition SCO to make available source code and binary
licenses of these versions of UNIX so that:

   * we can legally own source code and binaries for PDP-11 UNIXes, and
   * SCO's copyright and intellectual property is protected.

We would be happy to purchase and be legally bound by a source code and
binary license for PDP-11 UNIXes that meets SCO's requirements, as long as:

   * the license covers the entire distributions (source code, binaries and
     documentation) of the following versions of UNIX:
        o 1st, 2nd, 3rd, 4th, 5th, 6th and 7th Edition UNIX
        o 32V UNIX
        o PWB/UNIX
        o those portions of all 2BSD releases which are derived from UNIX
          source code
   * we have the right to make changes to the source code of the above
     versions of UNIX
   * we have the right to distribute our changes to other people who have
     signed and agreed to the source code and binary license for PDP-11
     UNIXes
   * we have the right to install UNIX binaries on PDP-11 hardware and
     PDP-11 emulating software
   * we have the right to allow other people to use the UNIX binaries on
     such an installation

Note that the latter is already permitted, given SCO's binary license
agreement for 5th, 6th and 7th Edition UNIX. We would also be happy with the
following conditions imposed in the source code and binary license for
PDP-11 UNIXes:

   * no resale of the license is permitted
   * source code covered by the license cannot be distributed or disclosed
     to people not covered by the license
   * no commercial usage of the source code or binaries is permitted
   * SCO is not required to provide copies of any source code, binaries or
     documentation with the source code and binary license for PDP-11 UNIXes

On a recent survey of people interested in such a license, over 120 people
responded. Most of the respondents would agree to a license with the
conditions and limitations outlined above, if the cost of such a license was
less than US$200.

We urge you to consider

   * the historical significance of the UNIX operating system,
   * that the PDP-11 versions of UNIX are essentially obsolete,
   * that UNIX-like operating systems, libraries and applications are freely
     available in source code form,
   * that the source code to 6th Edition UNIX is publicly available in
     printed form (Lions' Commentary on 6th Edition UNIX, Peer to Peer
     Communications, Inc.)

and make personal-use non-disclosure source code and binaries licenses for
PDP-11 UNIXes available at a price which we can afford as individuals.

The UNIX community has played an extremely important role in the development
and success of the UNIX operating system. The Santa Cruz Operation, Inc., as
owners of the UNIX operating system source, would be repaying the UNIX
community in some measure by providing source licenses for these old
versions of UNIX. Although you would not profit greatly from the licenses,
you would earn the respect and appreciation from many people who helped make
UNIX what it is today.

Thank you for your time. Your response to our petition will be appreciated,
and can be sent via Internet e-mail to Warren Toomey wkt@cs.adfa.oz.au.

Sincerely yours, the undersigned.

 John S.
 Dyson        dyson@freebsd.org                     1.317.547.5181
 Keith Huff   kshuff@fast.net                       home phone 610 740-9456
 Norman
 Wilson       norman@cs.yorku.ca
 Lieven
 Willems      Lieven.Willems@rug.ac.be
 Christopher
 Vance        cjsv@acm.org
 Robert J.
 Kelley       pasha@efn.org
 Paul McJones mcjones@pa.dec.com
 Ken
 Harrenstien  klh@us.oracle.com
 Ozan S.
 Yigit        oz@tor.securecomputing.com
 Jennine
 Townsend     jennine@netcom.com
 Josef Grosch jgrosch@MooseRiver.com
 Allen Kossow aek@spies.com
 John Wilson  wilson@dbit.com
 James E.
 Carpenter    jimc@zach1.tiac.net
              jackv@pacbell.net
 Charles Tutt chasjt@ibm.net
 Jason
 Timmons      devnull@ais.net
 Nick Andrew  nick@zeta.org.au
 Raoul Golan  raoul@ind.tansu.com.au
 David
 Blackman     David.Blackman@anu.edu.au
 Warren
 Toomey       wkt@cs.adfa.oz.au
 Tim Shoppa   shoppa@triumf.ca
 Neil Johnson neil@skatter.usask.ca
 Ken Wellsch  kcwellsch@math.uwaterloo.ca
              michel@gov.nt.ca
              brandt@fokus.gmd.de
 Andreas
 Kudlik       kudlik@btp2x1.phy.uni-bayreuth.de
              krupp@unix-ag.uni-kl.de
              bieschewski@informatik.uni-erlangen.de
              john_w@mentec.ie
              scaifer@eeng.dcu.ie
 Per
 Andersson    pa@cdg.chalmers.se
              toje@nightingale.ms.sub.org
 Dieter
 Dworkin      dworkin@village.org
 Muller
 Alexei N.
 Romanov      alexei@loach.org
              mheller@acm.org
              enyborg@tincan.tincan.org
              merlyn@geeks.org
 Sami Laine   lane@iki.fi
 Harri Jauri  harrij@clinet.fi
 Jarkko Teppo s99137@tec.puv.fi
              jlothian@castle.ed.ac.uk
              mike.meredith@port.ac.uk
              ian@nobunaga.demon.co.uk
              john@lupine.demon.co.uk
              robin@falstaf.demon.co.uk
              kevan@motiv.co.uk
 Michael
 Patton       MAP@POBOX.com
              eric@brouhaha.com
              keck@texoma.com
 Carl Friend  carl.friend@swec.com
              phebert@etec-inc.com
              jbell4@ford.com
              wlewis@mailbag.com
              Russman@surf-ici.com
              ebush@sccsi.com
              gorilla@drink.com
              max@testmark.com
              BBarr47775@aol.com
              asiasys@sovam.com
 Seth J.
 Morabito     sethm@loomcom.com
              root@bcscom.com
              ddb@ix.netcom.com
 John Lawson  jpl15@netcom.com
 Kristen
 McIntyre     kristen@zoom.com
 Quentin
 Fennessy     qpf@io.com
 James Risner risner@stdio.com
              bharbour@vcd.hp.com
              wvh@gethip.com
 James
 Willing      jimw@agora.rdrop.com
              dmccrackin@crsrobotics.com
              bonomi@geocities.com
 Jeff Mickey  jmic@tezcat.com
 Paul Pierce  prp@teleport.com
              dap@perform.ath.forthnet.gr
              wolpert@i1.net
              pmcandre@tiac.net
              km@infi.net
              svreid@ibm.net
              zop12@free.nether.net
              mrbill@texas.net
              jasons@icanect.net
              aliles@IntNet.net
              softstar@pol88a.polito.it
 Michael
 Sanders      msanders@dgs.monash.edu.au
              GriffithsD@cbs.curtin.edu.au
 Bruce Orcutt borcutt@uakron.edu
 Roger Ivie   ivie@cc.usu.edu
              milov@uwlax.edu
              firsoff@sapr.tstu.ru
              marlin1@ihug.co.nz
 Pedro
 Fernando
 Giffuni      pgiffuni@fps.biblos.unal.edu.co       Universidad Nacional de
 						    Colombia Salazar
 Murray
 Jensen       mjj@mlb.dmt.csiro.au                  CSIRO Div Man Tech
 Steven M.
 Schultz      sms@moe.2bsd.com                      sms@wlv.iipo.gtegsc.com
 David
 Tilbrook     dt@qef.com
 Chris Baird  cjb@hna.com.au                   cjb%brushtail@troll.apana.org.au
 Peter
 Maydell      pm215@cam.ac.uk
 Dr Chris
 McDonald     chris@cs.uwa.edu.au                The Univ. of Western Australia
 Sami Laine   lane@netti.fi                         Phone +358 40 5225 811
 Phil Parry   enzpp@unix.ccc.nottingham.ac.uk
 Joerg B.
 Micheel      micheel@fokus.gmd.de                  joergm@berlin.snafu.de
 Andrew S.
 Tanenbaum    ast@cs.vu.nl
 Carl
 Phillips     cphillips@cix.compulink.co.uk
 David Conran lucifer@xyzzy.com.au
 Dom Mitchell hdm@demon.net                         London
 Tim Bradshaw tfb@ed.ac.uk
 Phillip
 Musumeci     phillip@rmit.edu.au                   RMIT Comp Sys Eng
 Peter                                              Dept.of Computer Science,
 Turnbull     pnt103@cs.york.ac.uk                  University of York, UK
 Brian
 Harrington   brian@jhu.edu                         Johns Hopkins Univ.
 Peter da
 Silva        peter@taronga.com
 Alan W Black awb@cstr.ed.ac.uk                   CSTR, University of Edinburgh
 Reinhard
 Kodym        rkodym@mdacc.uth.tmc.edu
 Douglas W.
 Jones        jones@cs.uiowa.edu                    University of Iowa
 Pat Barron   pat@transarc.com
 Matthew
 Alton        matta@commlet.com
 Robert Brown brown@biblioteh.com
 Nate
 Williams     nate@sri.com
 Richard
 Tobin        R.Tobin@ed.ac.uk
 Jonathan M.
 Bresler      jmb@freebsd.org                       finger jmb@freebsd.org
 Greg Lehey   grog@lemis.com                        http://www.lemis.com/~grog
 Stephen
 Clawson      sclawson@cs.utah.edu                  phone:+1-801-581-5591
 Alexander
 Komlik       apkom@crocodile.org
 John Herbert jbh@ftel.net
 Olaf Erb     erb@inss1.etec.uni-karlsruhe.de
 Joseph S.
 Myers        jsm28@cam.ac.uk
 Matthias
 Brüstle      m@mbsks.franken.de
 William S.
 Pechter      wpechter@vnet.ibm.com
 Carolyn E.
 Carrock      pechter@shell.monmouth.com
 Daniel
 Seagraves    dseagrav@tek-star.net            We are a SCO customer / reseller
 John
 Ruschmeyer   jruschme@exit109.com
 Sandro
 Sigala       ssigala@globalnet.it                  North Italy
 Wolfgang
 Denk         wd@denx.muc.de
              splite@wdni.com
 Eivind
 Eklund       perhaps@yes.no                        +47 64 85 52 18
 Chris Drake  cjd@zatch.corp.sun.com
 Colin R.
 Riddel       crr@humbug.org.au                     Qld Australia
 Robert
 Brockway     robert@zen.humbug.org.au              HUMBUG. Brisbane, Australia
 Christopher                                   Stallion Technologies, Brisbane,
 Biggs        chris@stallion.oz.au                  Australia
 David                                              Student, University of
 Jericho      davidj@meesha.humbug.org.au           Queensland
 Peter Miller millerp@canb.auug.org.au
 Michael
 Engel        engel@unix-ag.uni-siegen.de
 Peter
 Quodling     quodling@gil.com.au
 Andrae Muys  andrae@humbug.org.au                  HUMBUG, Brisbane Australia
 Paul West    pdub@accesscom.com
 BouHaidar
 Mario        mbouhaid@mail.usyd.edu.au
 John Wolff   J.Wolff@wark.csiro.au
 Curt Sampson cjs@portal.ca                         +1 604 257 9400
 Alexander V.                                       Tel: +7-095-978-47-37. NIC:
 Tischenko    flash@hway.ru                         AT55-RIPE
 Robert John
 Manners      rjm@swift.eng.ox.ac.uk
 Andrew
 Tannenbaum   trb@cablesoft.com
 Nathan
 Ahlstrom     nrahlstr@gloria.cord.edu
 Kyle Mestery mestery@winternet.com                 1.612.391.1096
 Vadim
 Kurland      vadim@vk.crocodile.org
 Ade Lovett   ade@lovett.com
 Johnny
 Billquist    bqt@update.uu.se
 Bill Joy     bill.joy@sun.com
 John
 Derbyshire   acmenet@vossnet.co.uk
 Henry
 Spencer      henry@zoo.toronto.edu                 416-690-6561
 Tom
 Stepleton    ssteplet@artsci.wustl.edu             St. Louis, MO USA
 Neil
 Groundwater  npg@sun.com
 Kevin Wright kevin.wright@vitrex.com               kwright@cc.weber.edu
 John Holden  johnh@psych.usyd.edu.au
 Brian Murray brian@proximity.com.au
 David C.
 Jenner       djenner@halcyon.com                   1-206-527-2018
 Mic Mehmet   mic@compuserve.com
 Tom Mander   tom@proximity.com.au
 Bruce A.
 Lane         kyrrin@wizards.net                    Kent, WA
 Victor
 Langeveld    vic@mbfys.kun.nl
 Nadav Eiron  nadav@barcode.co.il
 Damiano G.
 Preatoni     prea@imiucca.csi.unimi.it
 david leo
 presotto     presotto@plan9.bell-labs.com
 Kevin Bourk  kevin.bourk@sk.sympatico.ca           (306)222-7663
 Andrew Hume  andrew@research.att.com
 Winfried
 Bergmann     i455@stio1.fh-wuerzburg.de
 Dick van den
 Burg         burg@is.ge.com
 Matthias
 Pfaller      leo@marco.de
 Chris Ulrich insom@math.ucr.edu
 aji          Kiyoshi@.rad.net.id
 Franc                                              University of Nijmegen, the
 Grootjen     sparky@cs.kun.nl                      Netherlands
 Juergen Fluk louis@marco.de
 Herbert
 Wengatz      hwe@muc.de
 Jay R.
 Jaeger       Jay.Jaeger@msn.fullfeed.com           Madison, WI
 Peter
 Collinson    pc@hillside.co.uk

 Greg Rose    ggr@qualcomm.com                 6 kingston Av, Mortlake NSW 2137
                                                    Australia
 Brian Redman ber@ms.com
 peter
 honeyman     honey@citi.umich.edu
 Wilko Bulte  wilko@freebsd.org                     Arnhem, The Netherlands
 Rene de
 Vries        rene@tcja.nl                          TCJA
 Kevin
 McQuiggin    mcquiggi@sfu.ca
 Jari Kirma   jkirma@ngs.fi
 Max Burnet   max.burnet@sno.mts.dec.com            Museum Max, Sydney Australia
 Mick Farmer  mick@ukuug.org                        Chair of UKUUG
 Megan Gentry mbg@world.std.com                Unix Support Engineering Group -
                                                    Digital Equipment Corp.
 Jim McKie    jmk@plan9.bell-labs.com
 Scott
 Narveson     sjn@cray.com
 Tuomas
 Toivonen     toivotuo@fishpool.com                 Fishpool Creations Ltd
 Margo
 Seltzer      margo@eecs.harvard.edu
 andrew
 tristan      andrew.tristan@ucr.edu
 Chris
 Phillips     Chris@Cs.Yorku.Ca
 John R.
 Mashey       mash@sgi.com
 Deborah
 Scherrer     deborah@quake.stanford.edu
 Michael
 Paddon       mwp@aba.net.au
 Chris
 Bootland     b9104283@challender.anu.edu.au        ANU Student
 Lindsay F.
 Marshall     Lindsay.Marshall@newcastle.ac.uk
 Jon Crowcroft                                          UCL CS





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/07/09
Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id BAA03127 for <wkt@henry.cs.adfa.oz.au>; Thu, 10 Jul 1997 01:03:24 +1000 (EST)
Received: from tahoe.pdev.sco.com by sco.sco.COM id aa07261; 9 Jul 97 7:48 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@henry.cs.adfa.oz.au
Subject: Re: Formal Presentation of Petition to SCO
Date: Wed, 9 Jul 97 7:39:54 PDT
Message-ID:  <9707090739.aa08101@tahoe.pdev.sco.com>
Status: ROr

Looks good.  I am hitting on our legal guys and a bunch of
other executives here.

In case we cant dig up all the old source code, do you have
any idea if some of your group has old sources they could
send back to us?  :-)
-Dion

Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
Product Manager for Java, Free Stuff, Skunkware, technical tools, etc.
400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565





From mairix@mairix Mon Jan  1 12:34:56 1970
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Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id JAA03362; Thu, 10 Jul 1997 09:25:09 +1000 (EST)
From: Warren Toomey <wkt>
Message-Id: <199707092325.JAA03362@henry.cs.adfa.oz.au>
Subject: Re: Formal Presentation of Petition to SCO
To: dionj@sco.COM (Dion)
Date: Thu, 10 Jul 1997 09:25:09 +1000 (EST)
In-Reply-To:  <9707090739.aa08101@tahoe.pdev.sco.com> from Dion at "Jul 9, 97 07:39:54 am"
X-Mailer: ELM [version 2.4ME+ PL22 (25)]
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In article by Dion:
> Looks good.  I am hitting on our legal guys and a bunch of
> other executives here.
> 
> In case we cant dig up all the old source code, do you have
> any idea if some of your group has old sources they could
> send back to us?  :-)
> -Dion

Dion, yes I have as much as I've been able to find, with Dennis Ritchie
and a few others with stuff I haven't received yet. We're covered by
institutional source licenses at the moment.

You're welcome to the stuff of course, you own it. However, I thought
you guys didn't want to be bothered with the distribution bit. That's
why I put the clause in the petition:

	SCO is not required to provide copies of any source code,
	binaries or documentation with the source code and binary
	license for PDP-11 UNIXes.

I'd be happy to act as distributor, but I'd need a mechanism so I can
prove that someone really has a license from SCO.

Anyway, the archive is sitting on my desktop box here, with no public
access of any kind. I have another box for all of that. Here's an ftp
login for you to look around:

	ftp henry.cs.adfa.oz.au
	user sco
	passwd srclicense1

Finally, thanks again for your help!

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/07/23
Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id FAA02151 for <wkt@henry.cs.adfa.oz.au>; Thu, 24 Jul 1997 05:33:45 +1000 (EST)
Received: from tahoe.pdev.sco.com by sco.sco.COM id ab19084; 23 Jul 97 12:23 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@henry.cs.adfa.oz.au
Subject: Re: PDP-11 Petition -- Status
Cc: doug@sco.COM, johnb@sco.COM, levine@sco.COM, monikal@sco.COM, ray@sco.COM
Date: Wed, 23 Jul 97 12:17:19 PDT
Message-ID:  <9707231217.aa06768@tahoe.pdev.sco.com>
Status: ROr

Warren,

Thanks for your latest news.  That's great about the signatures.
Yes, I perused the earlier list and it's really amazing that
we have such famous support for this.  I am sure it will be
a great PR victory when we finally get this arranged.

Our exec VP (Doug Michels) is on your side.  I am annoying our
legal folks, bless their hearts. :-)  They have a job to do also and
I want to be sure we are protecting SCO's interests in the code
in the right ways.

I expect an answer in a week or so.  I suspect there will be
further internal iterations here as we craft a license that works
for all parties.

So the right answer to publish is:

"SCO is pleased to entertain this request from so many loyal and
famous fans of UNIX.  We are looking into how we can provide this
source code.  No promises at this time, since there are some
intellectual property issues that must be resolved, but we will
do what we can."

Please do put my name on it.  We are not a faceless giant
corporation.

Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
Product Manager for Java, Free Stuff, Skunkware, technical tools, etc.
400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565


  From sco.sco.com!henry.cs.adfa.oz.au!wkt Tue Jul 22 20:43:58 1997
  From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
  Subject: PDP-11 Petition -- Status
  To: dionj@sco.com
  Date: Wed, 23 Jul 1997 13:11:22 +1000 (EST)
  
  Dion,
  	I thought I'd touch base with you on the PDP-11 src license petition.
  We've now got over 300 signatures, including some very famous UNIX people. Can
  you fill me in on what's happening with the petition at SCO. If possible I'd
  like to put your answer on my status page at:
  
  	http://minnie.adfa.oz.au/PUPS/pstatus.html
  
  so you can be vague and `not speaking officially for SCO' if you want, and
  I won't mention your name.
  
  Thanks in advance!
  
  	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/08/27
Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id CAA00706 for <wkt@henry.cs.adfa.oz.au>; Thu, 28 Aug 1997 02:42:09 +1000 (EST)
Received: from sco.sco.COM (sco.sco.COM [132.147.128.9])
	by csadfa.cs.adfa.oz.au (8.8.5/8.8.5) with SMTP id BAA22139
	for <wkt@cs.adfa.oz.au>; Thu, 28 Aug 1997 01:48:01 +1000 (EST)
Received: from tahoe.pdev.sco.com by sco.sco.COM id ab09305; 27 Aug 97 8:20 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@cs.adfa.oz.au
Subject: Re: Touching Base!
Date: Wed, 27 Aug 97 8:15:37 PDT
Message-ID:  <9708270815.aa05557@tahoe.pdev.sco.com>
Status: RO

Please keep it off the page for now.  I think our legal
guys will add some more junk (T&C) to it.

The VP head legal eagle has said he wants to think about
it a little, so this is good.

I will send some more answers shortly.
-Dion

	From sco.sco.com!henry.cs.adfa.oz.au!wkt Tue Aug 26 18:11:00 1997
	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Subject: Re: Touching Base!
	To: Dion <dionj@sco.com>
	Date: Wed, 27 Aug 1997 10:36:38 +1000 (EST)
	In-Reply-To:  <9708261245.aa07496@tahoe.pdev.sco.com> from Dion at "Aug 26, 97 12:45:07 pm"
	Reply-To: wkt@cs.adfa.oz.au
	
	In article by Dion:
	> Warren,
	> 
	> Good progress.  We have some positive consensus developing.
	> Here is the proposed license terms (roughly, not fully legalized
	> yet).  Please let me know if you see any problems with this
	> proposal:
	
	Thanks Dion. Firstly, it looks good! Secondly, can I attach the draft to
	the petition status page, or should I keep it to myself for now.
	
	> use, store, reproduce, edit, adapt, enchance, improve, otherwise
	  modify, transmit electronically, repackage
	
	> * licensees have the right to install UNIX binaries on PDP-11 hardware and
	>   PDP-11 emulating software
	
	I'd like to change this to ``install UNIX software on ...''. We will need to
	install the source code if we want to reconfigure the kernel or to make
	enhancements and improvements.
	
	We obviously must take precautions to prevent non-licensees from viewing the
	source code. They can use the binaries if they agree to the existing SCO
	binary license.
	
	
	The price sounds good too!!!!
	
	
	> * SCO is not required to provide copies of any source code, binaries or
	>   documentation with the source code and binary license for PDP-11 UNIXes
	
	
	Finally, the problem of src/binary distribution. Most of us do have the src
	already, but I'm sure I will get email thus:
	
		I've bought a license from SCO for PDP-11 UNIX src/binaries. Can
		you give me copies please?
	
	I can see three approaches:
	
	  + SCO provides access to the source: CD-ROMs and/or FTP site.
	
	  + SCO keeps the FTP site & deals with passwords etc. I would be
	    happy to maintain the files on the site.
	
	  + I maintain an FTP site, and possibly get into CD-ROM burning myself.
	    The latter would be expensive for the low-quantities.
	
	If I maintain the FTP site, I'd need to get guaranteed verifiable license info
	from SCO so that I can ensure only legitimate licensees have access. I don't
	want to be sued for breach of license.
	
	
	The distribution problem is something that we can address after the license
	wording is completed and they go on sale. I think the wording you e-mailed
	me is everything we wanted (if we can install src on machines)!!!
	
	Thanks again for your work and the lawyers work on this.
	
	Cheers,
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/08/27
Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id EAA00749 for <wkt@henry.cs.adfa.oz.au>; Thu, 28 Aug 1997 04:20:41 +1000 (EST)
Received: from sco.sco.COM (sco.sco.COM [132.147.128.9])
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Received: from tahoe.pdev.sco.com by sco.sco.COM id aa14822; 27 Aug 97 11:04 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@cs.adfa.oz.au
Subject: Re: Touching Base!
Cc: levine@sco.COM
Date: Wed, 27 Aug 97 10:56:31 PDT
Message-ID:  <9708271056.aa18110@tahoe.pdev.sco.com>
Status: ROr

comments below.

	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Subject: Re: Touching Base!
	To: Dion <dionj@sco.com>
	Date: Wed, 27 Aug 1997 10:36:38 +1000 (EST)
	Reply-To: wkt@cs.adfa.oz.au
	
	In article by Dion:
	> Warren,
	> 
	> Good progress.  We have some positive consensus developing.
	> Here is the proposed license terms (roughly, not fully legalized
	> yet).  Please let me know if you see any problems with this
	> proposal:
	
	Thanks Dion.  Firstly, it looks good!  Secondly, can I attach the
	draft to the petition status page, or should I keep it to myself
	for now.

As I said earlier, let's wait.  I think we can have a license
pretty soon.  Our most eminent legal eagle is on the case.
	
	> use, store, reproduce, edit, adapt, enchance, improve, otherwise
	  modify, transmit electronically, repackage
	
	> * licensees have the right to install UNIX binaries on PDP-11 hardware and
	>   PDP-11 emulating software
	
	I'd like to change this to ``install UNIX software on ...''.  We
	will need to install the source code if we want to reconfigure
	the kernel or to make enhancements and improvements.

right.  Done.
	
	We obviously must take precautions to prevent non-licensees from
	viewing the source code.  They can use the binaries if they agree
	to the existing SCO binary license.

Right.
	
	The price sounds good too!!!!

Thanks.
	
	
	> * SCO is not required to provide copies of any source code, binaries or
	>   documentation with the source code and binary license for PDP-11 UNIXes
	
	
	Finally, the problem of src/binary distribution.  Most of us do
	have the src already, but I'm sure I will get email thus:
	
		I've bought a license from SCO for PDP-11 UNIX src/binaries. Can
		you give me copies please?
	
	I can see three approaches:
	
	  + SCO provides access to the source: CD-ROMs and/or FTP site.
	
	  + SCO keeps the FTP site & deals with passwords etc. I would be
	    happy to maintain the files on the site.
	
	  + I maintain an FTP site, and possibly get into CD-ROM burning myself.
	    The latter would be expensive for the low-quantities.

Our problem is that, apparently, no one is left around here who knows
where these ancient sources ARE.  They may be in storage somewhere in
NJ, possibly on 1/2" tapes or gawd knows what media.  I think there would
be reluctance to pull people off new product development to go spelunking
for this stuff.   

If you licensees can take care of the maintenance, it will encourage
our mgt to go along with this whole idea ("no material cost to SCO").

I'll send you a box of blank CDROMs. :-) 
	
	If I maintain the FTP site, I'd need to get guaranteed verifiable
	license info from SCO so that I can ensure only legitimate
	licensees have access.  I don't want to be sued for breach of
	license.

The goal is that licensees are allowed to mutually exchange and share
the software.  I think we should be able to send you a list of licensees
on a regular basis, or new licensees.  
	
	
	The distribution problem is something that we can address after the license
	wording is completed and they go on sale. I think the wording you e-mailed
	me is everything we wanted (if we can install src on machines)!!!
	
	Thanks again for your work and the lawyers work on this.

You are most welcome.
	
	Cheers,
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/08/27
Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id KAA03744 for <wkt@henry.cs.adfa.oz.au>; Wed, 27 Aug 1997 10:36:53 +1000 (EST)
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	by csadfa.cs.adfa.oz.au (8.8.5/8.8.5) with ESMTP id KAA22343
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From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
Message-Id: <199708270036.KAA03730@henry.cs.adfa.oz.au>
Subject: Re: Touching Base!
To: dionj@sco.COM (Dion)
Date: Wed, 27 Aug 1997 10:36:38 +1000 (EST)
In-Reply-To:  <9708261245.aa07496@tahoe.pdev.sco.com> from Dion at "Aug 26, 97 12:45:07 pm"
Reply-To: wkt@cs.adfa.oz.au
X-Mailer: ELM [version 2.4ME+ PL22 (25)]
MIME-Version: 1.0
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Status: RO

In article by Dion:
> Warren,
> 
> Good progress.  We have some positive consensus developing.
> Here is the proposed license terms (roughly, not fully legalized
> yet).  Please let me know if you see any problems with this
> proposal:

Thanks Dion. Firstly, it looks good! Secondly, can I attach the draft to
the petition status page, or should I keep it to myself for now.

> use, store, reproduce, edit, adapt, enchance, improve, otherwise
  modify, transmit electronically, repackage

> * licensees have the right to install UNIX binaries on PDP-11 hardware and
>   PDP-11 emulating software

I'd like to change this to ``install UNIX software on ...''. We will need to
install the source code if we want to reconfigure the kernel or to make
enhancements and improvements.

We obviously must take precautions to prevent non-licensees from viewing the
source code. They can use the binaries if they agree to the existing SCO
binary license.


The price sounds good too!!!!


> * SCO is not required to provide copies of any source code, binaries or
>   documentation with the source code and binary license for PDP-11 UNIXes


Finally, the problem of src/binary distribution. Most of us do have the src
already, but I'm sure I will get email thus:

	I've bought a license from SCO for PDP-11 UNIX src/binaries. Can
	you give me copies please?

I can see three approaches:

  + SCO provides access to the source: CD-ROMs and/or FTP site.

  + SCO keeps the FTP site & deals with passwords etc. I would be
    happy to maintain the files on the site.

  + I maintain an FTP site, and possibly get into CD-ROM burning myself.
    The latter would be expensive for the low-quantities.

If I maintain the FTP site, I'd need to get guaranteed verifiable license info
from SCO so that I can ensure only legitimate licensees have access. I don't
want to be sued for breach of license.


The distribution problem is something that we can address after the license
wording is completed and they go on sale. I think the wording you e-mailed
me is everything we wanted (if we can install src on machines)!!!

Thanks again for your work and the lawyers work on this.

Cheers,
	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/08/28
Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id JAA00997; Thu, 28 Aug 1997 09:53:35 +1000 (EST)
From: Warren Toomey <wkt>
Message-Id: <199708272353.JAA00997@henry.cs.adfa.oz.au>
Subject: Re: Touching Base!
To: dionj@sco.COM (Dion)
Date: Thu, 28 Aug 1997 09:53:35 +1000 (EST)
Cc: wkt (Warren Toomey)
In-Reply-To:  <9708271056.aa18110@tahoe.pdev.sco.com> from Dion at "Aug 27, 97 10:56:31 am"
Reply-To: wkt@cs.adfa.oz.au
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In article by Dion:
> As I said earlier, let's wait.  I think we can have a license
> pretty soon.  Our most eminent legal eagle is on the case.

Ok Dion. On the petition status web page, all I've mentioned is that I've
seen a non-legal draft version which gives us basically what we asked for
in the petition.

After re-reading the draft carefully, I did have a few more suggestions.
You can probably pass the next section directly to your legal eagle,
and pass on our appreciation for his/her work.

Thoughts on the Draft License
-----------------------------

It essentially looks good, but I have a few quibbles. Obviously SCO wants
to protect the source code. The binaries are already covered to some extent
with the binary license SCO released earlier this year. The status of the
documentation (man pages, other papers) seems a bit unclear, so it would
be good if this is made more explicit.

We want to be able to install full distributions (src, docs, binaries),
but the draft only mentions installing UNIX binaries.

Some organisations have existing UNIX licenses from Western Electric or AT&T.
I think that these existing licenses need to be mentioned in the new license.

Below is a rewording of the draft send to me by Dion Johnson, with proposed
changes to accomodate the above quibbles. The changes are marked in => <=.
I'd appreciate it if you would give them some consideration.


 +  the license covers the entire distributions (source code, binaries and
    documentation) of the following versions of UNIX:
         o  1st, 2nd, 3rd, 4th, 5th, 6th and 7th Edition UNIX
         o  32V UNIX
         o  PWB/UNIX
         o  those portions of all 2BSD releases which are derived from UNIX
              source code

 +  licensees have these rights wrt the => distributions <= of the above
    versions of UNIX:

	Use, store, reproduce, edit, adapt, enhance, improve, otherwise
	modify, transmit electronically, and repackage.

 +  These rights are licensed to noncommercial users.  The source may
    not be sold nor used to develop commercial versions of UNIX.

 +  licensees have the right to install UNIX => distributions <= on
    PDP-11 hardware and PDP-11 emulating software.

 +  licensees have the right to allow noncommercial use of the UNIX
    binaries => and documentation <= on systems for which the product is
    licensed.
    
 +  license is not transferable.

 +  source code covered by the license cannot be distributed or disclosed
    to people not covered by the license, => or by existing UNIX software
    licenses from Western Electric or AT&T <=.  The licensees are permitted
    to collaborate on modifications and mutually share their modifications.

 +  SCO is not required to provide copies of any source code, binaries or
    documentation with the source code and binary license for PDP-11 UNIXes

 + License Fee:  SCO charges a one-time license fee of $100 per
   licensee, for a site license for one organization.

[ I'm unclear on this point, it seems there's a word missing: $100 per
   licensee, OR for a site license for one organization. Is this correct? ]

 +  We may, at some future time, provide source distributions (if/when
    we can find the sources), but this is not committed.  We know that
    the licensees have, between them, most of the needed sources.

-----------------------------

> 	Finally, the problem of src/binary distribution.
> 
> Our problem is that, apparently, no one is left around here who knows
> where these ancient sources ARE.  They may be in storage somewhere in
> NJ, possibly on 1/2" tapes or gawd knows what media.  I think there would
> be reluctance to pull people off new product development to go spelunking
> for this stuff.   
> 
> If you licensees can take care of the maintenance, it will encourage
> our mgt to go along with this whole idea ("no material cost to SCO").
> 
> I'll send you a box of blank CDROMs. :-) 

I didn't think you guys would want to get into the distribution bit, which
is completely understandable. I think we've got as much as there is left.
There's nothing before 5th Edition, except for some material on paper which
Dennis Ritchie owns.

I am prepared to perform some of the distribution, e.g by burning CDs
and by having an FTP site. I don't want to be sued in the process! So I
really need a way of verifying who actually does have a SCO license.

You guys must attach serial numbers to each license. Can you email me
name/serial number pairs? This would help me to authenticate people.

But as I said before, the distribution problem is something that we can
address after the license wording is completed and they go on sale.
 	
Thanks again,
	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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	Sat, 30 Aug 1997 22:04:25 -0700 (PDT)
Date: Sat, 30 Aug 1997 22:04:25 -0700 (PDT)
From: "Steven M. Schultz" <sms@moe.2bsd.com>
Message-Id: <199708310504.WAA01033@moe.2bsd.com>
To: wkt@cs.adfa.oz.au
Subject: Re: Answer to Legal Qry
Cc: dionj@sco.com
Status: ROr

Warren -

> even a version of System V for the PDP-11. I don't know if there was a System
> III which ran on PDP-11s.
 
	Yes, there was.  It was similar to V7 except the tty system was
	starting along the road to what SysV would use.  Also the "simple"
	administrative nature of V7 (and BSD) had been transformed into
	the forest of directories and scripts that SysV uses (/etc/rc.d, 
	/etc/init.d, and so on).  

> source code to System V, even if it was only for the PDP-11. I think we
> would be happy to forego the System III and System V versions.

	I'd be perfectly content if Sys III and V were left out.  My BSD
	bias is probably showing though ;)

> If I left out PWB, MERT, Mini UNIX and AUSAM, then would you add them to the
> list?!

	I wasn't aware that MERT ever was released outside of Bell Labs.

> 	  your "2BSD release" is this the Berkely versions of UNIX? -
> 	  if it is, it could go up to our SVR4.0 and we do not want
> 	  to included this in our license.

	There's no Sys III or later code at all in 2BSD.  The split in
	the family tree came quite a bit earlier, so while there is V7
	code present in 2BSD the newer additions to 2BSD have borrowed from 
	the "unencumbered" 4BSD and similar efforts.

> In terms or licensing, we are in a situation similar to the 4.4BSD-Lite
> situation. The perception was that certain parts of 4.4 were derived `enough'
> from old UNIX, and so were left out.

	AND, there are a number of modules in the current 4.4BSD, FreeBSD,
	and other BSD derived systems which AT&T/USL/etc allowed to be
	published as long as a "notice" was placed at the top of the file.

> With 2BSD and its derivatives, we happily assert that there IS stuff left
> over from 6th and 7th Edition. I am sure there is nothing taken from 32V
> or from later versions of UNIX. All we want is the license to cover anything
> still in 2BSD which is _derived_ from the early versions of UNIX.
	
	Quite correct.  The BSD effort had gone its own way long before
	SysV ever came out.

> Thanks again & expect a follow-up reply from Steven Schultz about 2BSD.

	Oh, I'm supposed to send something? ;-)

	Ok - I'll add a Cc: to this item - I think it covers most of the
	questions about 2BSD.

	Steven






From mairix@mairix Mon Jan  1 12:34:56 1970
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Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id OAA04965; Sun, 31 Aug 1997 14:12:15 +1000 (EST)
From: Warren Toomey <wkt>
Message-Id: <199708310412.OAA04965@henry.cs.adfa.oz.au>
Subject: Answer to Legal Qry
To: dionj@sco.com
Date: Sun, 31 Aug 1997 14:12:15 +1000 (EST)
Cc: sms@moe.2bsd.com
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	Warren, 
	This is very good news.  Things are moving fast.
	Our legal guy is asking me some questions that I can't answer...
	perhaps you can help.

Thanks Dion, I've tab indented your email so you should be able to work
out what my lines are. Boy, there certainly are a lot of people involved!
I'll try and answer everything to the best of my ability.

	  
	[ email from SCO's legal guy, lines with * are Dion's reply ]
	  Dion,
	  
	  The License has been written but we need some clarification on the
	  product the license will cover.
	  
	  In your original emails you stated that they wanted a license to
	  cover the old OS that ran on the PDP-11.  This is a 16-Bit machine. 
	  Old UNIX that ran on the 16-Bit was the UNIX Editions 1 - 7. 

Not just UNIX Research Editions 1 to 7 ran on PDP-11s. I think 8th Edition
did as well. Also, there were several variants derived from the Research
Editions, such as PWB (several flavours), MERT, Mini UNIX and AUSAM. There was
even a version of System V for the PDP-11. I don't know if there was a System
III which ran on PDP-11s.

We would really like coverage of ALL PDP-11 UNIX variants, but even coming
up with a list would be difficult. I think SCO would be touchy about selling
source code to System V, even if it was only for the PDP-11. I think we
would be happy to forego the System III and System V versions.

Summary: We would like a license to cover all PDP-11 UNIXes (and derived
works such as AUSAM and Mini UNIX) except the System III and System V versions.
I don't know if SCO can come up with legalese which would cover such a
general list, so the specific list we outlined in the petition would be fine.
If I left out PWB, MERT, Mini UNIX and AUSAM, then would you add them to the
list?!
	
	
	  32V UNIX ran on a 32-Bit machine not the PDP-11,

32V ran on the Vax. Ok, technically this was not a PDP-11, but the 32V
version of UNIX was essentially a straight port of 7th Edition over to the
Vax, with no additions (no virtual memory, no nothing). It's a very
historically important version of UNIX, and we would like to have it included.

Note importantly that the draft license so far will not permit us to install
32V on a Vax, so we can only view the source and documentation, not actually
run the software.

We would be prepared to lose this version, if it became a sticking point,
but it would still be nice to have it available for reading. Remember, we
want the license to cover not only PDP-11 owners, but people who have a
historical interest in UNIX. You'd be surprised how popular the `John Lions
Commentary on 6th Edition UNIX' is, even though few people own PDP-11s now.
	
	  your "2BSD release" is this the Berkely versions of UNIX? -
	  if it is, it could go up to our SVR4.0 and we do not want
	  to included this in our license.

I don't know if you have seen a diagram of the UNIX genealogy. Grab hold
of `Life with UNIX', or go to http://minnie.cs.adfa.oz.au/PUPS/node1.html,
and view the diagram there.

You will see that 1BSD and 2BSD are derived from 6th & 7th Edition UNIX.
3BSD was a split from the 2BSD branch, and then became 4BSD. So:

	6th
	 |
	 V
	1BSD
	 |
	 V
	2BSD ---> 3BSD ---> 4BSD
	 |		      |
	 V		      V

2BSD and subsequent versions run only on the PDP-11. Yes, later versions
such as 2.11BSD have taken some code from the 4.3BSD and 4.4BSD versions.

In terms or licensing, we are in a situation similar to the 4.4BSD-Lite
situation. The perception was that certain parts of 4.4 were derived `enough'
from old UNIX, and so were left out.

With 2BSD and its derivatives, we happily assert that there IS stuff left
over from 6th and 7th Edition. I am sure there is nothing taken from 32V
or from later versions of UNIX. All we want is the license to cover anything
still in 2BSD which is _derived_ from the early versions of UNIX.
	
If you want to limit the versions from which code can be derived, then
7th Edition or 32V would be suitable. I'm not the current maintainer of
2BSD; Steven Schultz is, and he is available by email at sms@moe.2bsd.com.

I will pass this email on to Steven, as he is really the person who should
be negotiating with SCO over 2BSD. Please read my comments with a grain of
salt, and treat all comments from Steven as overriding my comments!

[ finally, some comments on the attached group discussion ]

	  >>>>It has to do with having people on our side...  important people,
	  >>>>people who dislike Microsoft and are not enamored of Sun.  ...
	  >>>>people who speak at conferences, influence decision makers and
	  >>>>mentor students.

Step back a bit & leave out the factional stuff. You've got a chance here 
of winning loyalty from the whole UNIX community. You have already:

	+ made binary licenses for old systems freely available
	+ given permission for the Lions Commentary to be distributed

If you add:

	+ cheap licenses for old & historically important UNIX systems

then you have stood up and said:

	These three events show that we believe in the heritage of UNIX,
	both the fact that the software was available in source form, but
	that what helped make UNIX so strong was the community spirit that
	pervaded the early development of UNIX.

	We want to repay our debt to the UNIX community and we feel that
	by (doing these 3 things) we have in some measure done so.

These three events, together, are a real PR coup. Don't overlook that!!

	  >>>> We could make it better if we find time to create a real
	  >>>> historical archive of this stuff, but that can happen over
	  >>>> time.  The licensees would help us.

Yes, we sure would!! Especially if SCO can dig up any other tapes lying
around which we don't have.

	  >>>>	>UNIX is a research/academic tool.  The technical community
	  >>>>	>respects UNIX (they do not respect NT very much).  We
	  >>>>	>need to leverage that respect and act as if we are the
	  >>>>	>keepers of the UNIX heritage.

I think it's a mind set thing: accessible source code vs. non-accessible
source code, or ``Use the source, Luke''. UNIX was brought up in this mind
set. Sun's playing on this with their release of source code to academic
institutions -- they're gaining kudos, not money. They're buying reputation.

Anyway, I could go on & on with comments. You know how I feel. SCO gains
kudos, reputation and goodwill out of this. Sure you can't put a $ value on
it, but I hope it will strengthen the market perception of SCO as a willing
and helpful part of the UNIX community.

Please pass my comments on to the legal eagle & to the others involved in SCO.
P.S Can you get people to call me Warren & not Toomey :-) I'm a 1st name guy.

Thanks again & expect a follow-up reply from Steven Schultz about 2BSD.

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@cs.adfa.oz.au
Subject: Re: Answer to Legal Qry
Date: Tue, 2 Sep 97 16:01:00 PDT
Message-ID:  <9709021601.aa00962@tahoe.pdev.sco.com>
Status: ROr

Still more answers, questions, and comments, at the left margin.

   From sco.sco.com!henry.cs.adfa.oz.au!wkt Sat Aug 30 21:15:28 1997
   From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
   Subject: Answer to Legal Qry
   To: dionj@sco.com
   Date: Sun, 31 Aug 1997 14:12:15 +1000 (EST)
   Cc: sms@moe.2bsd.com
   Reply-To: wkt@cs.adfa.oz.au
   
   	Warren, 
   	This is very good news.  Things are moving fast.
   	Our legal guy is asking me some questions that I can't answer...
   	perhaps you can help.
   
   Thanks Dion, I've tab indented your email so you should be able to work
   out what my lines are. Boy, there certainly are a lot of people involved!
   I'll try and answer everything to the best of my ability.
   
   	  
   	[ email from SCO's legal guy, lines with * are Dion's reply ]
   	  Dion,
   	  
   	  The License has been written but we need some clarification on the
   	  product the license will cover.
   	  
   	  In your original emails you stated that they wanted a license to
   	  cover the old OS that ran on the PDP-11.  This is a 16-Bit machine. 
   	  Old UNIX that ran on the 16-Bit was the UNIX Editions 1 - 7. 
   
   Not just UNIX Research Editions 1 to 7 ran on PDP-11s.  I think
   8th Edition did as well.  Also, there were several variants
   derived from the Research Editions, such as PWB (several
   flavours), MERT, Mini UNIX and AUSAM.  There was even a version
   of System V for the PDP-11.  I don't know if there was a System
   III which ran on PDP-11s.
   
   We would really like coverage of ALL PDP-11 UNIX variants, but
   even coming up with a list would be difficult.  I think SCO would
   be touchy about selling source code to System V, even if it was
   only for the PDP-11.  I think we would be happy to forego the
   System III and System V versions.
   
   Summary: We would like a license to cover all PDP-11 UNIXes (and
   derived works such as AUSAM and Mini UNIX) except the System III
   and System V versions.  I don't know if SCO can come up with
   legalese which would cover such a general list, so the specific
   list we outlined in the petition would be fine.  If I left out
   PWB, MERT, Mini UNIX and AUSAM, then would you add them to the
   list?!  32V UNIX ran on a 32-Bit machine not the PDP-11,

Who owns or originated these derived works?
PWB came from ATT, I guess.
MERT?
AUSAM?
Mini UNIX?
   
   32V ran on the Vax.  Ok, technically this was not a PDP-11, but
   the 32V version of UNIX was essentially a straight port of 7th
   Edition over to the Vax, with no additions (no virtual memory, no
   nothing).  It's a very historically important version of UNIX,
   and we would like to have it included.
   
   Note importantly that the draft license so far will not permit us
   to install 32V on a Vax, so we can only view the source and
   documentation, not actually run the software.

Right.  I pointed this out to our legal guys.
   
   We would be prepared to lose this version, if it became a
   sticking point, but it would still be nice to have it available
   for reading.  Remember, we want the license to cover not only
   PDP-11 owners, but people who have a historical interest in UNIX.
   You'd be surprised how popular the `John Lions Commentary on 6th
   Edition UNIX' is, even though few people own PDP-11s now.
   
   	  your "2BSD release" is this the Berkely versions of UNIX? -
   	  if it is, it could go up to our SVR4.0 and we do not want
   	  to included this in our license.
   
   I don't know if you have seen a diagram of the UNIX genealogy.
   Grab hold of `Life with UNIX', or go to
   http://minnie.cs.adfa.oz.au/PUPS/node1.html, and view the diagram
   there.
   
   You will see that 1BSD and 2BSD are derived from 6th & 7th
   Edition UNIX.  3BSD was a split from the 2BSD branch, and then
   became 4BSD.  So:
   
   	6th
   	 |
   	 V
   	1BSD
   	 |
   	 V
   	2BSD ---> 3BSD ---> 4BSD
   	 |		      |
   	 V		      V
   
   2BSD and subsequent versions run only on the PDP-11. Yes, later versions
   such as 2.11BSD have taken some code from the 4.3BSD and 4.4BSD versions.
   
   In terms or licensing, we are in a situation similar to the 4.4BSD-Lite
   situation. The perception was that certain parts of 4.4 were derived `enough'
   from old UNIX, and so were left out.
   
   With 2BSD and its derivatives, we happily assert that there IS stuff left
   over from 6th and 7th Edition. I am sure there is nothing taken from 32V
   or from later versions of UNIX. All we want is the license to cover anything
   still in 2BSD which is _derived_ from the early versions of UNIX.

Exactly.
   	
   If you want to limit the versions from which code can be derived, then
   7th Edition or 32V would be suitable. I'm not the current maintainer of
   2BSD; Steven Schultz is, and he is available by email at sms@moe.2bsd.com.
   
   I will pass this email on to Steven, as he is really the person who should
   be negotiating with SCO over 2BSD. Please read my comments with a grain of
   salt, and treat all comments from Steven as overriding my comments!
   
   [ finally, some comments on the attached group discussion ]

This was some mail I addressed to one of our VPs, actually.
   
   	  >>>>It has to do with having people on our side...  important people,
   	  >>>>people who dislike Microsoft and are not enamored of Sun.  ...
   	  >>>>people who speak at conferences, influence decision makers and
   	  >>>>mentor students.
   
   Step back a bit & leave out the factional stuff. You've got a chance here 
   of winning loyalty from the whole UNIX community. You have already:

Yes, of course.  The factionalism was for the VP's consumption.
   
   	+ made binary licenses for old systems freely available
   	+ given permission for the Lions Commentary to be distributed
   
   If you add:
   
   	+ cheap licenses for old & historically important UNIX systems
   
   then you have stood up and said:
   
   	These three events show that we believe in the heritage of UNIX,
   	both the fact that the software was available in source form, but
   	that what helped make UNIX so strong was the community spirit that
   	pervaded the early development of UNIX.
   
   	We want to repay our debt to the UNIX community and we feel that
   	by (doing these 3 things) we have in some measure done so.
   
   These three events, together, are a real PR coup. Don't overlook that!!

Quite so.
   
   	  >>>> We could make it better if we find time to create a real
   	  >>>> historical archive of this stuff, but that can happen over
   	  >>>> time.  The licensees would help us.
   
   Yes, we sure would!! Especially if SCO can dig up any other tapes lying
   around which we don't have.

Dont hold your breath, but I will try to excite some interest from
the New Jersey folks.  Strangely, they are not very enthusiastic
about this.
   
   	  >>>>	>UNIX is a research/academic tool.  The technical community
   	  >>>>	>respects UNIX (they do not respect NT very much).  We
   	  >>>>	>need to leverage that respect and act as if we are the
   	  >>>>	>keepers of the UNIX heritage.
   
   I think it's a mind set thing: accessible source code vs. non-accessible
   source code, or ``Use the source, Luke''. UNIX was brought up in this mind
   set. Sun's playing on this with their release of source code to academic
   institutions -- they're gaining kudos, not money. They're buying reputation.
   
   Anyway, I could go on & on with comments. You know how I feel. SCO gains
   kudos, reputation and goodwill out of this. Sure you can't put a $ value on
   it, but I hope it will strengthen the market perception of SCO as a willing
   and helpful part of the UNIX community.
   
   Please pass my comments on to the legal eagle & to the others involved in SCO.
   P.S Can you get people to call me Warren & not Toomey :-) I'm a 1st name guy.

Yes, I will try to remember to do so.
   
   Thanks again & expect a follow-up reply from Steven Schultz about 2BSD.

Got it already.
   
   	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/17
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Received: from tahoe.pdev.sco.com by sco.sco.COM id aa12271; 17 Sep 97 13:07 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@henry.cs.adfa.oz.au
Subject: first draft of jurassaic UNIX license
Date: Wed, 17 Sep 97 12:58:35 PDT
Message-ID:  <9709171258.aa01102@tahoe.pdev.sco.com>
Status: ROr

OK, here is a first draft.  I have not studied this in detail.
I think it has some problems, but could you please take a look
and tell me what you think?  thx  Feel free to send it to some
of your colleagues, but please do not distribute widely or
post.

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 the country 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 any CPU 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 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 one (1) DESIGNATED CPU 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 CPU.  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 were designed to
operate on the 16-Bit PDP-11 CPU:

UNIX Edition 1, 2, 3, 4, 5, 6, 7 

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 Right-to-Use Fee of US$100.00 for the
DESIGNATED CPU 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.-090897 Page 1 of 6

		







From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/17
Received: from moe.2bsd.com (MOE.2BSD.COM [206.139.202.200]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id NAA03180 for <wkt@henry.cs.adfa.oz.au>; Thu, 18 Sep 1997 13:20:45 +1000 (EST)
Received: (from sms@localhost)
	by moe.2bsd.com (8.8.5/8.8.5) id UAA16782;
	Wed, 17 Sep 1997 20:16:52 -0700 (PDT)
Date: Wed, 17 Sep 1997 20:16:52 -0700 (PDT)
From: "Steven M. Schultz" <sms@moe.2bsd.com>
Message-Id: <199709180316.UAA16782@moe.2bsd.com>
To: dionj@sco.COM
Subject: Re: first draft of jurassaic UNIX license (fwd)
Cc: wkt@henry.cs.adfa.oz.au
Status: RO

Greetings -

	I do not believe I have previously thanked you for the time and
	effort you have spent in this cause.  Thank you very much.

	(I agree with Warren - your signature block is nifty!)

	As you mentioned there are a couple "problems".  Warren has addressed
	the "Single Country" aspect.  My concern and questions deal with, for
	the most part, the "DESIGNATED CPU" concept.

	Is it SCO's intent to license "the person" or "the specific system"?

	2.1(a) starts off sounding like a "per person" license:

> 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

	So far so good.  Personally I find the idea of a "personal license"
	more attractive and easier to deal with (for both sides) than a 
	"per cpu/system" one.

	But then the paragraph continues on:

> or in conjunction with one (1) DESIGNATED CPU for such SOURCE
> CODE PRODUCT.  Such right to use includes the right to modify
 
	Hmmm, the "DESIGNATED CPU" would indicate that the "system" rather than
	the hobbyist is being licensed.

	2.1(b) goes back to the "Personal use" theme:

> (b) Personal use is limited to noncommercial uses.  Any such use
> made in connection with the development of enhancements or

	There are numerous other cases that seem to alternate between
	"personal" and "system".

	The beneficiaries of an inexpensive source license for "old" UNIX
	are the hobbyists (Dion - if you do get a PDP-11/73 and need some
	help setting it up let me know).  It is not uncommon for a 'collector'
	to have two or more machines that have been "rescued" from the landfill
	(or whatever). 

	Would it be possible to change the language to be more along the 
	lines (and I'm not a lawyer as you can probably tell;-)) of 
	"systems belonging to the licensed individual"?  I can see where
	SCO would not appreciate my taking my license over to a friend's house
	and installing a system.  But I do have two systems in my house, an
	11/73 and an 11/93 (I'd get a 11/44 but it'd eat me alive on
	electricity).

> 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

	Could SCO provide an example paragraph that should be included in
	the labels on any media, etc?  "Some or all contents are licensed
	by SCO ..." I would guess.

> 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.

	Personally I'd like to see that paragraph rewritten - something like
	"systems in the licensed individual's domicile, or in the license'd
	person's possession".  Something like that.

> 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

	Oh, annual renewal?  That's going to cut into the money's generated
	by the (very modest) license fee, isn't it?

	Does this mean if I relocate or move I would need to notify SCO?

> 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

	Ouch - here we run into a real problem.  There is no concept of
	a "serial number" in many cases.  I put (in one case paid someone
	else to) the system together out of parts - a BA23 box from here,
	a M8192 (that's the 11/73 CPU module) from elsewhere, a DEQNA from
	a used equipment place, and so on.

	The larger systems (11/70, perhaps the 11/44) had "serial numbers"
	but the smaller (more likely to be found in homes) systems are
	almost "PC" like in using 'commodity parts'.

	On the other hand if the lawyers can find a way to license the
	individual rather than the machine paragraph 8.5 disappears.

> (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

	Let me know when you're dropping in - I make a wicked batch of
	chili if I have a day or so's notice <grin>






From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/18
Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id EAA03746 for <wkt@henry.cs.adfa.oz.au>; Fri, 19 Sep 1997 04:52:34 +1000 (EST)
Received: from tahoe.pdev.sco.com by sco.sco.COM id aa28934; 18 Sep 97 11:46 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@henry.cs.adfa.oz.au
Subject: Re: first draft of jurassaic UNIX license
Cc: sms@moe.2bsd.com
Date: Thu, 18 Sep 97 11:31:26 PDT
Message-ID:  <9709181131.aa07184@tahoe.pdev.sco.com>
Status: ROr

Eminent colleagues,

Yes, I agree there are a number of changes needed.  I will study
this later today and tomorrow and make recommendations and
incorporate your wishes, to our legal eagles in NJ.  I think most
of the bad stuff is just due to their cut and past of existing
contract blurbage, rather than any bad intent.

PS: I got my copy of Salus' book yesterday.  Very interestng
reading!  I wish I could have joined Bell Labs in 1965 instead of
IBM.  I interviewed with Bell Labs, but they didnt want to hire
anyone who did not have straight-A grade point average.  :-) It
kinda shows, huh?  :-)
-Dion






From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/18
Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id JAA02699; Thu, 18 Sep 1997 09:32:17 +1000 (EST)
From: Warren Toomey <wkt>
Message-Id: <199709172332.JAA02699@henry.cs.adfa.oz.au>
Subject: Re: first draft of jurassaic UNIX license
To: dionj@sco.COM (Dion)
Date: Thu, 18 Sep 1997 09:32:17 +1000 (EST)
Cc: sms@moe.2bsd.com (Steven Schultz), wkt (Warren Toomey)
In-Reply-To:  <9709171258.aa01102@tahoe.pdev.sco.com> from Dion at "Sep 17, 97 12:58:35 pm"
Reply-To: wkt@cs.adfa.oz.au
X-Mailer: ELM [version 2.4ME+ PL22 (25)]
MIME-Version: 1.0
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit
Status: RO

In article by Dion:
> OK, here is a first draft.  I have not studied this in detail.
> I think it has some problems, but could you please take a look
> and tell me what you think?  thx  Feel free to send it to some
> of your colleagues, but please do not distribute widely or
> post.
> 
> Dion L. Johnson II  - The Santa Cruz Operation, Inc.           dionj@sco.com
> Czar of Free Stuff and Technical customers' advocate.

I like your signature :-)


Yes, there are a number of things I dislike about the first legal draft.
Essentially, they boil down to:

	Single Country Limitation,
	Single CPU Limitation,
	List of UNIX Versions


Single Country Limitation
-------------------------

Ok, this seems very unfair. I have to buy another license if I move to
another country. Also, I can only pass on SOURCE CODE PRODUCTS to other
LICENSEES in the same country.

Specific comments:

5. Export: How am I going to distribute src/binaries to other LICENSEES
        if this restriction is in place? Do I have to get consent for each
        individual export event?
 
5.2 Does this section apply to non-US citizens living in non-US countries?
        If so, how can I obtain Supplement No.  1 to Section 370
        of the Export Administration Regulations issued by the U.S.
        Department of Commerce.

Single CPU Limitation
---------------------

This is _extremely_ unfair. In fact I can't believe that this is in the
draft license. I'll show you why this is a futile clause, later. But first,
how is SCO going to deal with emulated PDP-11s, which do not have a
DESIGNATED CPU?

List of UNIX Versions
---------------------

SCO also owns the copyright to PWB UNIX and Mini UNIX. Please can they
be covered? 32V is missing as well, it's a pity that the license does not
cover 32V.

What is SCO's stand going to be on the derived Unix flavours which they don't
strictly own, such as AUSAM, 2BSD etc??

Miscellaneous
-------------

Can we make backups of the software? Which clause permits us to do this?


Single CPU Futility
-------------------

For at least 5th, 6th and 7th Edition, the single CPU restriction is futile,
given SCO's existing binary license for these versions:

	1 DEFINITIONS

	LICENSED SOFTWARE shall mean solely the object code of the following
	versions of SCO's UNIX operating system software: Versions V5, V6, and
	V7 adapted for PDP-11 computer systems.

	SCO INTELLECTUAL PROPERTY RIGHTS shall mean patent, copyright and trade
	secret rights of The Santa Cruz Operation, Inc. ("SCO") in the LICENSED
	SOFTWARE.

	2 LICENSE GRANT

	SCO grants to CUSTOMER a worldwide, non-exclusive, royalty-free license
	under SCO INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, and use the
	LICENSED SOFTWARE solely for non-commercial uses, and to distribute the
	LICENSED SOFTWARE to a third party who is also bound by the terms and
	conditions of this License Agreement. 

This existing binary license has NO CPU restriction.

Dion, this is my first quick review of the draft. I'll sit down and have
a more detailed perusal and send you any further comments. I have passed
the draft on to Steven Schultz only, so far, and he should return his
comments to you as well.

Thanks again,

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/19
Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id IAA23827 for <wkt@henry.cs.adfa.oz.au>; Sat, 20 Sep 1997 08:25:45 +1000 (EST)
Received: from tahoe.pdev.sco.com by sco.sco.COM id aa26658; 19 Sep 97 15:26 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@henry.cs.adfa.oz.au
Subject: Re: first draft of jurassaic UNIX license
Cc: sms@moe.2bsd.com
Date: Fri, 19 Sep 97 15:18:48 PDT
Message-ID:  <9709191518.aa21209@tahoe.pdev.sco.com>
Status: RO

more comments interpolated below.

   From sco.sco.com!henry.cs.adfa.oz.au!wkt Wed Sep 17 16:41:40 1997
   From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
   Subject: Re: first draft of jurassaic UNIX license
   To: Dion <dionj@sco.com>
   Date: Thu, 18 Sep 1997 09:32:17 +1000 (EST)
   Cc: Steven Schultz <sms@moe.2bsd.com>, 
       Warren Toomey <wkt@henry.cs.adfa.oz.au>
   
   In article by Dion:
   > OK, here is a first draft.  I have not studied this in detail.
   > I think it has some problems, but could you please take a look
   > and tell me what you think?  thx  Feel free to send it to some
   > of your colleagues, but please do not distribute widely or
   > post.
   > 
   > Dion L. Johnson II  - The Santa Cruz Operation, Inc.           dionj@sco.com
   > Czar of Free Stuff and Technical customers' advocate.
   
   I like your signature :-)
   
   
   Yes, there are a number of things I dislike about the first legal draft.
   Essentially, they boil down to:
   
   	Single Country Limitation,
fixed
   	Single CPU Limitation,
fixed
   	List of UNIX Versions
fixed (this is the trickiest one, I suspect)
   
   
   Single Country Limitation
   -------------------------
   
   Ok, this seems very unfair. I have to buy another license if I move to
   another country. Also, I can only pass on SOURCE CODE PRODUCTS to other
   LICENSEES in the same country.

Agreed.  I am proposing a change to "all countries except... "
   
   Specific comments:
   
   5. Export: How am I going to distribute src/binaries to other LICENSEES
           if this restriction is in place? Do I have to get consent for each
           individual export event?
See above comment.
    
   5.2 Does this section apply to non-US citizens living in non-US countries?
           If so, how can I obtain Supplement No.  1 to Section 370
           of the Export Administration Regulations issued by the U.S.
           Department of Commerce.

I think we desire that it should so apply.  I dont really understand
how contracts are supposed to work internationally.  This document is
probably available from the US govt printing office.  I will ask
the legal folks to provide a pointer.
   
   Single CPU Limitation
   ---------------------
   
   This is _extremely_ unfair. In fact I can't believe that this is in the
   draft license. I'll show you why this is a futile clause, later. But first,
   how is SCO going to deal with emulated PDP-11s, which do not have a
   DESIGNATED CPU?

Right. I am defining "DESIGNATED CPU GROUP"
   
   List of UNIX Versions
   ---------------------
   
   SCO also owns the copyright to PWB UNIX and Mini UNIX. Please can they
   be covered? 32V is missing as well, it's a pity that the license does not
   cover 32V.
   
   What is SCO's stand going to be on the derived Unix flavours which they don't
   strictly own, such as AUSAM, 2BSD etc??

Well, it does say  "including SUCCESSOR OPERATING SYSTEMS".  I think 
they want to avoid enumerating some of these flavors to which we may
not own full rights.  I will try to fix up the definition of 
successors to include everything up to but not including system III
or so.
   
   Miscellaneous
   -------------
   
   Can we make backups of the software? Which clause permits us to do this?

This license seems to incorporate a lot of stuff in the word "use". 
You are allowed to USE the the source code.  Reasonably, this
means to make backup copies, to compile (i.e., make modifications),
etc.  Certainly you would be allowed to transmit the product between
the machines in the CPU GROUP, and to other licensees.  I think
for our purposes, the word "use" is desirably vague and better 
than spelling out "copy, modify, transmit, ... etc."
   
   Single CPU Futility
   -------------------
   
   For at least 5th, 6th and 7th Edition, the single CPU restriction is futile,
   given SCO's existing binary license for these versions:
   
   	1 DEFINITIONS
   
   	LICENSED SOFTWARE shall mean solely the object code of the following
   	versions of SCO's UNIX operating system software: Versions V5, V6, and
   	V7 adapted for PDP-11 computer systems.
   
   	SCO INTELLECTUAL PROPERTY RIGHTS shall mean patent, copyright and trade
   	secret rights of The Santa Cruz Operation, Inc. ("SCO") in the LICENSED
   	SOFTWARE.
   
   	2 LICENSE GRANT
   
   	SCO grants to CUSTOMER a worldwide, non-exclusive, royalty-free license
   	under SCO INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, and use the
   	LICENSED SOFTWARE solely for non-commercial uses, and to distribute the
   	LICENSED SOFTWARE to a third party who is also bound by the terms and
   	conditions of this License Agreement. 
   
   This existing binary license has NO CPU restriction.

Agreed.  I think CPU GROUP fixes this.
-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
   
   Dion, this is my first quick review of the draft. I'll sit down and have
   a more detailed perusal and send you any further comments. I have passed
   the draft on to Steven Schultz only, so far, and he should return his
   comments to you as well.
   
   Thanks again,
   
   	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/19
Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id HAA22118 for <wkt@henry.cs.adfa.oz.au>; Sat, 20 Sep 1997 07:11:38 +1000 (EST)
Received: from tahoe.pdev.sco.com by sco.sco.COM id aa24253; 19 Sep 97 14:12 PDT
From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: sms@moe.2bsd.com
Subject: Re: first draft of jurassaic UNIX license (fwd)
Cc: wkt@henry.cs.adfa.oz.au
Date: Fri, 19 Sep 97 13:58:15 PDT
Message-ID:  <9709191358.aa17707@tahoe.pdev.sco.com>
Status: ROr

Steve - this mail addresses your questions and comments.

Warren, I will address your mail separately.  Some of your
concerns are answered here.

See comments and questions interpolated below.

   From sco.sco.com!moe.2bsd.com!sms Wed Sep 17 20:50:54 1997
   Date: Wed, 17 Sep 1997 20:16:52 -0700 (PDT)
   From: "Steven M. Schultz" <sms@moe.2bsd.com>
   To: dionj@sco.com
   Subject: Re: first draft of jurassaic UNIX license (fwd)
   Cc: wkt@henry.cs.adfa.oz.au
   Status: RO
   
   Greetings -
   
   	I do not believe I have previously thanked you for the time and
   	effort you have spent in this cause.  Thank you very much.

It is God's work. :-)  I enjoy it. 
   
   	(I agree with Warren - your signature block is nifty!)
   
   	As you mentioned there are a couple "problems".  Warren has addressed
   	the "Single Country" aspect.  My concern and questions deal with, for
   	the most part, the "DESIGNATED CPU" concept.
   
   	Is it SCO's intent to license "the person" or "the specific system"?
   
   	2.1(a) starts off sounding like a "per person" license:
   
   > 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
   
   	So far so good.  Personally I find the idea of a "personal license"
   	more attractive and easier to deal with (for both sides) than a 
   	"per cpu/system" one.
   
   	But then the paragraph continues on:
   
   > or in conjunction with one (1) DESIGNATED CPU for such SOURCE
   > CODE PRODUCT.  Such right to use includes the right to modify
    
   	Hmmm, the "DESIGNATED CPU" would indicate that the "system" rather than
   	the hobbyist is being licensed.
   
   	2.1(b) goes back to the "Personal use" theme:
   
   > (b) Personal use is limited to noncommercial uses.  Any such use
   > made in connection with the development of enhancements or
   
   	There are numerous other cases that seem to alternate between
   	"personal" and "system".

Yes, I am trying to clarify the license is to a person.

Btw, can you guys help me wrt "personal use"?  
Do you need to be able to use this software in teaching courses
in Comp Sci?  I would think YES.  I'd like the field of use to
include letting the binaries run on machines used by students,
faculty, etc.  Isnt this desirable?  or not necessary?

Is the usage desired really just hobbyist and truly personal?
   
   	The beneficiaries of an inexpensive source license for "old" UNIX
   	are the hobbyists (Dion - if you do get a PDP-11/73 and need some
   	help setting it up let me know).  It is not uncommon for a 'collector'
   	to have two or more machines that have been "rescued" from the landfill
   	(or whatever). 
   
   	Would it be possible to change the language to be more along the 
   	lines (and I'm not a lawyer as you can probably tell;-)) of 
   	"systems belonging to the licensed individual"?  I can see where
   	SCO would not appreciate my taking my license over to a friend's house
   	and installing a system.  But I do have two systems in my house, an
   	11/73 and an 11/93 (I'd get a 11/44 but it'd eat me alive on
   	electricity).

Yes, I am fixing the language to recognize a DESIGNATED CPU GROUP which
is a set of computers at a single geographical site (house, building,
laboratory, or campus).
   
   > 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
   
   	Could SCO provide an example paragraph that should be included in
   	the labels on any media, etc?  "Some or all contents are licensed
   	by SCO ..." I would guess.

Yeh we can cobble something up.
   
   > 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.
   
   	Personally I'd like to see that paragraph rewritten - something like
   	"systems in the licensed individual's domicile, or in the license'd
   	person's possession".  Something like that.

This paragraph 2.4 should be deleted.
   
   > 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
   
   	Oh, annual renewal?  That's going to cut into the money's generated
   	by the (very modest) license fee, isn't it?

No way.  The $100 should be a one-time fee.
   
   	Does this mean if I relocate or move I would need to notify SCO?

Yes, I think this is reasonable  for us to ask.
   
   > 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
   
   	Ouch - here we run into a real problem.  There is no concept of
   	a "serial number" in many cases.  I put (in one case paid someone
   	else to) the system together out of parts - a BA23 box from here,
   	a M8192 (that's the 11/73 CPU module) from elsewhere, a DEQNA from
   	a used equipment place, and so on.
   
   	The larger systems (11/70, perhaps the 11/44) had "serial numbers"
   	but the smaller (more likely to be found in homes) systems are
   	almost "PC" like in using 'commodity parts'.
   
   	On the other hand if the lawyers can find a way to license the
   	individual rather than the machine paragraph 8.5 disappears.

I am asking the designated computers to be a set of computers 
at a single geographic site.
   
   > (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
   
   	Let me know when you're dropping in - I make a wicked batch of
   	chili if I have a day or so's notice <grin>

That is most kind.   Where are you located, anyway?  Maybe I will
look it up at four11.com.
I guess chili that takes 2 days to prepare must be pretty special.
You got to go out and hunt the racoons, deer, and other natural
ingredients?

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
   





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/19
Received: from moe.2bsd.com (MOE.2BSD.COM [206.139.202.200]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id OAA02770 for <wkt@henry.cs.adfa.oz.au>; Sat, 20 Sep 1997 14:52:23 +1000 (EST)
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	by moe.2bsd.com (8.8.5/8.8.5) id UAA16935;
	Fri, 19 Sep 1997 20:17:41 -0700 (PDT)
Date: Fri, 19 Sep 1997 20:17:41 -0700 (PDT)
From: "Steven M. Schultz" <sms@moe.2bsd.com>
Message-Id: <199709200317.UAA16935@moe.2bsd.com>
To: dionj@sco.COM, sms@moe.2bsd.com
Subject: Re: first draft of jurassaic UNIX license (fwd)
Cc: wkt@henry.cs.adfa.oz.au
Status: RO

Dion -

> It is God's work. :-)  I enjoy it. 
    
	To paraphrase the line from the Blues Brothers' being on a 'mission
	from god':

  "It's 106 ms to Chicago, we've got a full disk of GIFs, half a meg of
     hypertext, it's dark, and we're wearing sunglasses."  "Click it."

> Yes, I am trying to clarify the license is to a person.

	Super!  That's very good to hear.

> Btw, can you guys help me wrt "personal use"?  
> Do you need to be able to use this software in teaching courses
> in Comp Sci?  I would think YES.  I'd like the field of use to

	I'm not a teacher or anything like that.

	Ok - I'll use myself as an example.  For me "personal use" is a
	continuation of kernel hacking that started back around 1979 - it's
	a bit of a contest to see how much can be stuffed into a 16bit machine.
	For instance I just completed (last weekend) porting over the
	POSIX signal semantics (sigaction, sigpending, sigsuspend, etc)
	from the 4.4BSD-Lite2 CDrom.  Nothing that anyone outside the PDP-11
	community would appreciate but it keeps me off the streets at night ;-)

> include letting the binaries run on machines used by students,
> faculty, etc.  Isnt this desirable?  or not necessary?

	I could see it being desireable - you never know when a professor
	might use a PDP-11 as a teaching tool (it's enough machine to teach
	ideas but not big/fast enough to rule the world again as it did 20 or
	so years ago <grin>).

> Yes, I am fixing the language to recognize a DESIGNATED CPU GROUP which
> is a set of computers at a single geographical site (house, building,
   
	Perfect - thank you!  That, I think, is much more in keeping with
	the type of person likely to buy the license (the 'collector', etc).

>    	Oh, annual renewal?  That's going to cut into the money's generated
>    	by the (very modest) license fee, isn't it?
> 
> No way.  The $100 should be a one-time fee.
   
	Personally $100/year wouldn't bother me - I spend several times that
	on software updates and the like already.  But it would be a paperwork
	hassle for SCO I'd think.

	Thanks for clarifying that.

>    	Does this mean if I relocate or move I would need to notify SCO?
> 
> Yes, I think this is reasonable  for us to ask.
   
	Ok.  Just wanted clarification - I don't plan on moving any time soon
	and if I do then one more 'change of address' postcard will be the
	least of my worries ;)

> That is most kind.   Where are you located, anyway?  Maybe I will

	You're welcome.  I'm down in Simi Valley - about 45 miles ~north of
	Lost Angeles.

> I guess chili that takes 2 days to prepare must be pretty special.

	Closer to one day .

> You got to go out and hunt the racoons, deer, and other natural
> ingredients?

	Need to track down all the peppers - depending on the luck of the hunt
	I've made a 9 pepper chili (It's hard finding the habanero peppers
	apparently they have a short growing season).

	Steven






From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/19
Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id IAA03884; Fri, 19 Sep 1997 08:54:43 +1000 (EST)
From: Warren Toomey <wkt>
Message-Id: <199709182254.IAA03884@henry.cs.adfa.oz.au>
Subject: Re: first draft of jurassaic UNIX license
To: dionj@sco.COM (Dion)
Date: Fri, 19 Sep 1997 08:54:43 +1000 (EST)
Cc: sms@moe.2bsd.com (Steven Schultz), wkt (Warren Toomey)
In-Reply-To:  <9709181131.aa07184@tahoe.pdev.sco.com> from Dion at "Sep 18, 97 11:31:26 am"
Reply-To: wkt@cs.adfa.oz.au
X-Mailer: ELM [version 2.4ME+ PL22 (25)]
MIME-Version: 1.0
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Status: RO

In article by Dion:
> Eminent colleagues,
> 
> Yes, I agree there are a number of changes needed.  I will study
> this later today and tomorrow and make recommendations and
> incorporate your wishes, to our legal eagles in NJ.  I think most
> of the bad stuff is just due to their cut and paste of existing
> contract blurbage, rather than any bad intent.
> 
> PS: I got my copy of Salus' book yesterday.  Very interestng
> reading!  I wish I could have joined Bell Labs in 1965 instead of
> IBM.  I interviewed with Bell Labs, but they didnt want to hire
> anyone who did not have straight-A grade point average.  :-) It
> kinda shows, huh?  :-)
> -Dion

Hi Dion, thanks for the reply. I re-read our SysVR2.0 license and, yes,
it looks like a simple cut&paste job with now-irrelevant clauses. Hopefully
we can excise them.

Can you push them on the issue of PWB/UNIX, Mini UNIX and 32V? You guys
own these products, and it would be nice for them to be licensable. If
they cannot be licensed, then that's a substantial part of history we will
have no legal access to.

If these systems are not included in the license, what will happen to us
if we distribute them to licensees of Editions 1 to 7?

I wish I could have been born earlier, Dion!

Thanks again,

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/20
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From: Warren Toomey <wkt>
Message-Id: <199709201008.UAA10005@henry.cs.adfa.oz.au>
Subject: Re: first draft of jurassaic UNIX license (fwd)
To: dionj@sco.COM (Dion)
Date: Sat, 20 Sep 1997 20:08:13 +1000 (EST)
Cc: sms@moe.2bsd.com (Steven Schultz), wkt (Warren Toomey)
In-Reply-To:  <9709191358.aa17707@tahoe.pdev.sco.com> from Dion at "Sep 19, 97 01:58:15 pm"
Reply-To: wkt@cs.adfa.oz.au
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Status: RO

Dion, a quick reply to your email. If SCO will address the single country
and signle CPU restrictions, then I can't think of much else that needs to
be done. You also mentioned adding something to the effect that the license
covers everything before System III; that would be fantastic.

I think I'd be very happy if the license just covered personal use and
not academic use. I can't see many lecturers teaching with these systems;
not when Plan 9 and Minix are available. If you want to add in clauses that
permit use of the source in a teaching environment, that would be a bonus.
Otherwise, universities which do require `academic' licenses will need to
ask SCO for a special dispensation - I doubt you will get many.

In article by Dion:
> 
> Btw, can you guys help me wrt "personal use"?  
> Do you need to be able to use this software in teaching courses
> in Comp Sci?  I would think YES.  I'd like the field of use to
> include letting the binaries run on machines used by students,
> faculty, etc.  Isnt this desirable?  or not necessary?
> 
> Is the usage desired really just hobbyist and truly personal?


Essentially yes, but if you can swing academic source use with the
lawyers, we wouldn't say no :-)

> That is most kind.   Where are you located, anyway?  Maybe I will
> look it up at four11.com.
> I guess chili that takes 2 days to prepare must be pretty special.
> You got to go out and hunt the racoons, deer, and other natural
> ingredients?
> 
> Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com


Well, I'm in Canberra Australia, a long way to come, but I make a reasonable
curry. When I get a chance to visit the US, definitely expect me to drop
in on both of you. Dion, I owe you a case of beer or a meal in a decent
restaurant, whichever you prefer!
 
Thanks again,
 
        Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/21
Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id PAA05292 for <wkt@henry.cs.adfa.oz.au>; Sun, 21 Sep 1997 15:02:08 +1000 (EST)
From: dmr@plan9.bell-labs.com
Received: from plan9.bell-labs.com (plan9.bell-labs.com [204.178.31.2])
	by csadfa.cs.adfa.oz.au (8.8.5/8.8.5) with SMTP id OAA20352
	for <wkt@cs.adfa.oz.au>; Sun, 21 Sep 1997 14:58:20 +1000 (EST)
Message-Id: <199709210458.OAA20352@csadfa.cs.adfa.oz.au>
Date: Sun, 21 Sep 1997 00:18:03 -0400
Subject: re: Who owns the 6th & 7th Edition Manuals?
To: wkt@cs.adfa.oz.au, dionj@sco.com
Status: ROr

The 7th edition manuals have been available for some while on
our own server, and are currently at http://cm.bell-labs.com/7thEdMan.
This is a synonym for http://netlib.bell-labs.com/7thEdMan,
and it's doubtless reachable otherwise.

The version at ftp://elib.zib.de/pub/netlib/att/cs/v7man/README
looks like a mirror of an older version (at least of the
README).

Unlike code, which is involved with perhaps complicated
trade secret and other ownership issues, old manuals
that were released publicly and genuinely published
(e.g. the 7th edition Unix manual, by Saunders College
Publishing) are subject only to plain old copyright.
Unless there is some document I haven't seen, I don't
think that SCO has any exclusive copyright in manuals
published in 1979 by us.

Warren, so far as I know you're welcome to mirror our
version of the manual or link to it, just as Wolfram did.
Incidentally, I don't have online versions of any earlier
research manuals (1-6), but would be happy to get
and archive whatever you have.

	Dennis





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/09/22
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: dmr@plan9.bell-labs.com, wkt@cs.adfa.oz.au
Subject: Re: Who owns the 6th & 7th Edition Manuals?
Date: Mon, 22 Sep 97 10:53:30 PDT
Message-ID:  <9709221053.aa03103@tahoe.pdev.sco.com>
Status: ROr

I am sure Dennis is right and that you can go ahead and put these
online.

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

	From sco.sco.com!plan9.bell-labs.com!dmr Sat Sep 20 22:26:06 1997
	From: dmr@plan9.bell-labs.com
	Date: Sun, 21 Sep 1997 00:18:03 -0400
	Subject: re: Who owns the 6th & 7th Edition Manuals?
	To: wkt@cs.adfa.oz.au, dionj@sco.com
	Status: RO
	
	The 7th edition manuals have been available for some while on
	our own server, and are currently at http://cm.bell-labs.com/7thEdMan.
	This is a synonym for http://netlib.bell-labs.com/7thEdMan,
	and it's doubtless reachable otherwise.
	
	The version at ftp://elib.zib.de/pub/netlib/att/cs/v7man/README
	looks like a mirror of an older version (at least of the
	README).
	
	Unlike code, which is involved with perhaps complicated
	trade secret and other ownership issues, old manuals
	that were released publicly and genuinely published
	(e.g. the 7th edition Unix manual, by Saunders College
	Publishing) are subject only to plain old copyright.
	Unless there is some document I haven't seen, I don't
	think that SCO has any exclusive copyright in manuals
	published in 1979 by us.
	
	Warren, so far as I know you're welcome to mirror our
	version of the manual or link to it, just as Wolfram did.
	Incidentally, I don't have online versions of any earlier
	research manuals (1-6), but would be happy to get
	and archive whatever you have.
	
		Dennis





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/10/13
Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id AAA05399 for <wkt@henry.cs.adfa.oz.au>; Tue, 14 Oct 1997 00:37:40 +1000 (EST)
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@cs.adfa.oz.au
Subject: Re: 86open
Date: Mon, 13 Oct 97 7:33:02 PDT
Message-ID:  <9710130733.aa19277@tahoe.pdev.sco.com>
Status: RO

Thanks Warren.  This effort is a grass-roots, bottom-up approach
in contrast to the "industry heavyweight executives" initiatives
that have failed in the past.  We plan to do some engineering 
first, then announce results when we have some. :-)

	From sco.sco.com!henry.cs.adfa.oz.au!wkt Sun Oct 12 17:05:05 1997
	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Subject: 86open
	To: dionj@sco.com
	Date: Mon, 13 Oct 1997 09:55:59 +1000 (EST)
	Reply-To: wkt@cs.adfa.oz.au
	
	Dion,
		Just saw the announcement of the 86open steering committee in
	a FreeBSD newsgroup. I assume you're the Dion Johnson mentioned there.
	Many thanks in advance for being on the steering committee!!!
	
	Just my $0.02.
	
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@cs.adfa.oz.au
Subject: Re: Touch Base Time
Date: Mon, 13 Oct 97 7:38:16 PDT
Message-ID:  <9710130738.aa19444@tahoe.pdev.sco.com>
Status: ROr

I am still dickering with the legal folks in NJ.  Between you and
me, they are moving as slowly as possible.  I fired another salvo
last Friday.  I may have to escalate back to the VP level to get
them off the dime.  Sorry it's taken so long.  The legal people
dont really know what is the ownership and rights issues for some
of those other versions of UNIX.  Also, they are reluctant on the
32V.

As for the PDP-11 XENIX, I will look into it.  However, the NJ
legal folks and I have had an understanding that we'd exclude
anything that was System III or later from the license.  Adding a
System III component into the mix will delay things.

I will try to have some news this week!
Thanks for your patience.

	From sco.sco.com!henry.cs.adfa.oz.au!wkt Sun Oct 12 16:03:56 1997
	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Subject: Touch Base Time
	To: dionj@sco.com
	Date: Mon, 13 Oct 1997 09:01:03 +1000 (EST)
	Reply-To: wkt@cs.adfa.oz.au
	
	Hi Dion,
		I thought I'd touch base again to see what's been happening. I assume
	the PDP-11 source license is a low-priority thing, no worries.
	
	Someone on the PDP-11 mailing list asked about Xenix for the PDP-11. I know
	that Microsoft originally developed Xenix, but does SCO now own the rights
	to Xenix outright?
	
	If so, then the SCO source license should cover the PDP-11 version of Xenix.
	Attached is some email about PDP-11 Xenix.
	
	Thanks again!
	
		Warren
	
	----- Forwarded message from David C. Jenner -----
	
	From: "David C. Jenner" <djenner@halcyon.com>
	CC: PDP-11 Unix Preservation Society <pups@minnie.cs.adfa.oz.au>
	Subject: Re: PDP-11 Xenix (LONG)
	
	OK, Frank is likely correct.  But I still don't think you'll find it
	anywhere on the 'net! It would be nice if it were in the PUP archives, though. 
	Getting it there might be hard because MS might still have some rights to it.
	
	I did some digging, and here are some relevant dates:
	
	 8/25/80   Microsoft announced DEC PDP-11 XENIX (along with versions for
		   several other machines--Intel 8086, Zilog Z8000, and Motorola
		   M68000).  [This would have to be Version 7 based.]
	
	10/01/80   Microsoft notes PDP-11 XENIX is "scheduled for release".
		   [It's not clear if this means it was actually released on that date.]
	
	12/08/81   Microsoft and SCO signed a letter of intent for SCO to be a
		   second-source of XENIX.  [No mention of PDP-11; just that XENIX was
		   being upgraded to System III at that time.]
	
	 1/22/85   Microsoft and AT&T announce plans for compatible future releases
	           of XENIX and UNIX [based on System V].
	
	 1/31/86   Microsoft and SCO announce new agreements for SCO to be prime
		   distrubutor of XENIX System V to VAR and VAD channels.
	
	 2/15/89   Microsoft makes 20% minority investment in SCO.  [I seem to
		   recall that SCO got (all?) XENIX rights at this time.]
	
	So it looks like there was a window of about a year when a Version 7
	based XENIX was probably available. Certainly starting in 1983 Microsoft
	announced all sorts of versions of XENIX for other hardware, including IBM
	System 9000 (yes, there really was a HAL 9000 (Motorola MC68000-based)--I
	had a couple), IBM PC/AT, AT&T UNIX PC and PC 6300, and Compaq machines.
	
	Dave
	----- End of forwarded message from David C. Jenner -----





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@cs.adfa.oz.au
Subject: Re: Is Dion Johnson alive?
Cc: peterl@sco.COM
Date: Mon, 24 Nov 97 8:13:00 PST
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Yeh, I'm OK.  I have a new cut of the proposed license
from our NJ Legal folks.  I compare with past versions
and see what it has.  I know the 32V was added to the
list of licensed versions (good).  Not sure if the
other problems were fixed.  I will get back
to you before the holiday weekend coming.

	From sco.sco.com!henry.cs.adfa.oz.au!wkt Sun Nov 23 18:43:18 1997
	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Message-Id: <199711240141.MAA11548@henry.cs.adfa.oz.au>
	Subject: Is Dion Johnson alive?
	To: mike@sco.com, peterl@sco.com
	Date: Mon, 24 Nov 1997 12:41:14 +1100 (EST)
	Reply-To: wkt@cs.adfa.oz.au
	X-Mailer: ELM [version 2.4ME+ PL22 (25)]
	MIME-Version: 1.0
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	Mike, Peter,
	
		I'm mailing you both because I've sent some e-mail to Dion Johnson
	in the last few weeks, and I haven't received any replies. Normally, he
	gets a reply back in a day or two. Can you tell me if he's ok?
	
	My e-mail to him is related to the PDP-11 UNIX Source License petition,
	at http://minnie.cs.adfa.oz.au/PUPS/
	
	Many thanks in advance for your help!
	
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1997/12/01
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: peterl@sco.COM, wkt@henry.cs.adfa.oz.au
Subject: Re: PDP UNIX Source
Date: Mon, 1 Dec 97 13:15:02 PST
Message-ID:  <9712011315.aa09873@tahoe.pdev.sco.com>
Status: RO
X-Status: A
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Peter, 

Apologies, I have not been moving this forward as fast
as I'd like.  I have a revised (about the 3rd time around)
draft license from our legal people in NJ again and I need
to review it in detail.  We've had quite a bit of discussion
on this stuff.  They utterly do not understand what kind
of people you guys are :-).  I will not tell them about
the Peugeots.

Speaking of rare cars, you might be interested to know
I have a Cadillac Allante.  In fact, I have two of them. :-)

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

	From peterl Sun Nov 30 21:21:41 1997
	Date: Mon, 01 Dec 1997 16:16:54 +1100
	To: dionj@sco.com
	From: Peter Laytham <peterl@sco.com>
	Subject: PDP UNIX Source
	
	Hi Dion
	
	How's it going?  I see you've been pretty active getting the
	legal folk et al to look into a way to provide suitable access to
	the source for PDP UNIX after pressure from a VERY interested
	party in Oz.  I seem to come across this guy all over the place -
	he owns a Peugeot, as do I, and we're both members of the Peugeot
	branch of the Australian Combined Vintage, Veteran and General
	Motoring Interest Groups (phew, what a mouthful).  He has a PDP11
	at home (in fact he has several as far as I can make out)!
	
	Anyway, if there is anything I can do to help at all please let
	me know.  The move is supported by the Australian UNIX Users
	Group (AUUG) of which I am on the Exec, so I can act in any of
	several official or semi official roles on either side of the
	fence.
	
	Cheers
	
	Peter
	
	





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@cs.adfa.oz.au
Subject: Re: PDP UNIX Source
Date: Mon, 1 Dec 97 14:58:07 PST
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No, they know about the petition.  It's against their
religion to go along with stuff like this.   These are old
AT&T license lawyers.  I just gotta keep hammering away
on them and finally get the exec VP to weigh in on my
side when I have exhausted all the discussion options. :-)
Gimme a couple more days.

	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Subject: Re: PDP UNIX Source
	To: Dion <dionj@sco.com>
	Date: Tue, 2 Dec 1997 09:04:11 +1100 (EST)
	Cc: peterl@sco.com, Steven Schultz <sms@moe.2bsd.com>
	In-Reply-To:  <9712011315.aa09873@tahoe.pdev.sco.com> from Dion at "Dec 1, 97 01:15:02 pm"
	Reply-To: wkt@cs.adfa.oz.au
	X-Mailer: ELM [version 2.4ME+ PL22 (25)]
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	In article by Dion:
	> Peter, 
	> 
	> Apologies, I have not been moving this forward as fast
	> as I'd like.  I have a revised (about the 3rd time around)
	> draft license from our legal people in NJ again and I need
	> to review it in detail.  We've had quite a bit of discussion
	> on this stuff.  They utterly do not understand what kind
	> of people you guys are :-).  I will not tell them about
	> the Peugeots.
	
	Hi Dion, Peter must have met up with another guy here, Peter Chubb, who
	owns a Peugeot, because I own a little Hyundai :-)
	
	As for the legal guys not understanding us, have they seen the petition?
	Would it be worth me cobbling together a short statement of aims and rationale
	to explain what we're trying to achieve?
	 
	> Speaking of rare cars, you might be interested to know
	> I have a Cadillac Allante.  In fact, I have two of them. :-)
	
	One must be a backup!
	
	Thanks again for your support. Hope you had a good Thanksgiving, and
	best wishes for Christmas.
	
	Cheers,
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion <dionj@sco.COM>
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To: wkt@cs.adfa.oz.au
Subject: Re: PDP UNIX Source
Date: Mon, 1 Dec 97 17:54:00 PST
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I expect that Dennis was at odds with them as
much as I have been, back in those good old days. :-)

But thanks, I will keep that in mind as another
card to play in case we need it.  Good thought.

	From sco.sco.com!henry.cs.adfa.oz.au!wkt Mon Dec  1 15:27:23 1997
	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Subject: Re: PDP UNIX Source
	To: Dion <dionj@sco.com>
	Date: Tue, 2 Dec 1997 10:06:24 +1100 (EST)
	Reply-To: wkt@cs.adfa.oz.au
	
	In article by Dion:
	> No, they know about the petition.  It's against their
	> religion to go along with stuff like this.   These are old
	> AT&T license lawyers.  I just gotta keep hammering away
	
	If they are old AT&T licence lawyers, perhaps a word from Dennis Ritchie
	in their ear could help? He's certainly supporting our attempts to make
	the source available while still licensed.
	
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1998/01/26
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From: Dion <dionj@sco.COM>
X-Mailer: SCO OpenServer Mail Release 5.0
To: wkt@cs.adfa.oz.au
Subject: Re: Happy New Year
Date: Mon, 26 Jan 98 14:23:09 PST
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Warren,

I havent forgotten.  I'm feeling guilty about this not being
resolved.  I'm at an impasse with our legal folks and I guess
it's time to escalate somehow.  I'll let you know pretty soon.

I had a nice break, thanks.  My folks live in Oklahoma,
so I went back there to visit, saw some cousins, etc.
It's cold and rainy here now.  I'd rather be diving
at your Barrier Reef.  Maybe someday...

	From sco.sco.com!henry.cs.adfa.oz.au!wkt Mon Jan 26 14:11:40 1998
	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Subject: Happy New Year
	To: dionj@sco.com
	Date: Tue, 27 Jan 1998 09:03:45 +1100 (EST)
	Reply-To: wkt@cs.adfa.oz.au
	
	Hi Dion,
		Happy New Year (ok, so I'm a bit late). Hope you & your family had
	a good break. Apart from moving to a new house, travelling the east coast
	of Australia and having visitors stay with us for the past week, we've had
	a quiet time :-)
	
	I'm sure you haven't been back at work for long, but any word on these old
	Unix licenses? I'd like to email out to the PUPS mailing list (we've had
	several new subscribers) with a status report.
	
	Thanks again!
	
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 23 Feb 1998 14:16:11 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Lost Mail
References: <199802232147.IAA16561@henry.cs.adfa.oz.au>
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On Tue, Feb 24, 1998 at 08:47:07AM +1100, Warren Toomey wrote:
> Hi Dion,
> 	I think my last mail must've got lost, we had some router/email
> problems here. Do you think it would be a good idea to try and set up some
> form of dialogue between the nay-sayers & the legal section, and myself,
> over the PDP-11 license issue? With you as mediator.

These guys are old (literally) ATT&T types who dont understand (or like)
hackers and academics.  They also have little use for things like PR,
marketing, history, or nonprofit activities. ;-)  I dont mean to vilify
them, but ....

> I'd like to try and explain why we are asking for licenses, and also get a
> feeling for why they have reservations. I expect that these people may want
> to stay `anonymous' [so I don't hassle them], so you could act as a conduit
> and an anonymizing agent.

Essentially, that's what we've already done.

> 
> Let me know what you think.

See below.

> 
> Thanks again,
> 
> 	Warren

I just finished another exchange with them.  Here is where
we are on a contract.  Note that

1) multiple CPUs are handled

2) Multiple countries are handled by the device of filling
  in the "AUTHORIZED COUNTRY" blank with a list of countries.

3) Fee is $100 one-time only

4) Other variants on the early UNIX, such as MINI-UNIX
could be viewed as successors to, say, 3rd edition, so they
are covered.  Only system V is excepted.

Pls take a look and let me know if you think the rest of
the stuff is either OK or bendable enough.  It may be we will
have to settle for an agreement that has to be interpreted
in a certain way, in order for you to do what you want.
So be it.  SCO is never going to hassle anyone over this,
I am sure.
-Dion



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 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 Edition 1, 2, 3, 4, 5, 6 
32V	32-Bit

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.-090897 Page 1 of 6

		






From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-ID: <19980223160625.30938@sco.com>
Date: Mon, 23 Feb 1998 16:06:25 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Lost Mail
References: <19980223141611.10583@sco.com> <199802232349.KAA17545@henry.cs.adfa.oz.au>
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On Tue, Feb 24, 1998 at 10:49:39AM +1100, Warren Toomey wrote:
> > I just finished another exchange with them.  Here is where
> > we are on a contract.  Note that
> > 
> > 1) multiple CPUs are handled
> > 
> > 2) Multiple countries are handled by the device of filling
> >   in the "AUTHORIZED COUNTRY" blank with a list of countries.
> > 
> > 3) Fee is $100 one-time only
> > 
> > 4) Other variants on the early UNIX, such as MINI-UNIX
> > could be viewed as successors to, say, 3rd edition, so they
> > are covered.  Only system V is excepted.
> > 
> > Pls take a look and let me know if you think the rest of
> > the stuff is either OK or bendable enough.  It may be we will
> > have to settle for an agreement that has to be interpreted
> > in a certain way, in order for you to do what you want.
> > So be it.  SCO is never going to hassle anyone over this,
> > I am sure.
> > -Dion
> 
> I certainly will have a good look, and I'll punt a copy over to Steven
> Schultz as well. If what you say above is right, it should be close

Yes, fine.

> enought. Can you get the ``SCO is never going to hassle anyone over this''
> clause put in too 8-)

As I reflect on it, I might hesitate.  Kidding aside, I suppose
if some bad boy ported the source to an Intel box,
and started selling binaries for $39, we might be annoyed and
take some action.  That would be fair enough, eh?

However, I think given our audience, that's pretty unlikely.

> Time for a morning cup of tea. Thanks again Dion!

Tea. How very civilized!  Of course tea is very popular here,
too.  What's your favorite kind?
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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	by moe.2bsd.com (8.8.5/8.8.5) id QAA12639;
	Mon, 23 Feb 1998 16:59:18 -0800 (PST)
Date: Mon, 23 Feb 1998 16:59:18 -0800 (PST)
From: "Steven M. Schultz" <sms@moe.2bsd.com>
Message-Id: <199802240059.QAA12639@moe.2bsd.com>
To: dionj@sco.COM, wkt@cs.adfa.oz.au
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Greetings -

> As I reflect on it, I might hesitate.  Kidding aside, I suppose
> if some bad boy ported the source to an Intel box,

	Ouch - that would be rather nasty of someone to do that.  Yes, I'd
	get annoyed too.

> They missed the 7th Edition!!!!!

	Whoops.

	The only quibble, and it's a small one (the new license agreement is
	a vast improvement over the previous ones) is the mention of 'serial
	number':

	"type and serial number of the DESIGNATED CPU hereunder and ..."

	Providing a description of the system is not a problem.  How much
	detail would be desireable?  A system type could be "it's a PDP-11"
	all the way up to "it's a KDJ-11AB (M8192) plus MXV11B and a M8637 ..."

> I drink coffee too, of course. We have something called International Roast

	My preference in coffee for quite a few years now has been Gevalia,
	from Sweden.  The Swedes really know how to roast a java bean (and
	not the type that workstations use ;-)).

> Can I ask a couple of other questions? Can I give SCO a credit card # to
> pay my $100. Will SCO give out some unique key with each license: if someone

	Good question.  I would guess that each license would be "numbered"
	somehow using a SCO part/inventory number, right?

> If both Steven and I agree to this license, how long do you think it will
> be before we can send in our signatures and $100, and get the license?

	Warren and I can arm-wrestle for who gets License #1 :-) :-)

	I've read the new version a couple times.  It reads much better than
	before (simpler in many places) and addresses the questions that were
	raised.

	Steven Schultz





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 24 Feb 1998 12:33:06 -0800
From: Dion Johnson <dionj@sco.COM>
To: "Steven M. Schultz" <sms@moe.2bsd.com>, wkt@cs.adfa.oz.au
Subject: Re: DRAFT of license for ancient UNIX sources
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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

		






From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-ID: <19980224141423.36849@sco.com>
Date: Tue, 24 Feb 1998 14:14:23 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: DRAFT of license for ancient UNIX sources
References: <19980224123306.41505@sco.com> <199802242214.JAA22979@henry.cs.adfa.oz.au>
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In-Reply-To: <199802242214.JAA22979@henry.cs.adfa.oz.au>; from Warren Toomey on Wed, Feb 25, 1998 at 09:14:41AM +1100
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What I will TRY to do is tell the NJ legal folks that
this is it - we have negotiated and agreed on this.
I may or may not be able to pull off that little coup.
I suspect they are getting pretty tired of this and
they know I will not go away.  They may just give up
and say OK. ;-)  If so, I think we will be in business
just about immediately!

On Wed, Feb 25, 1998 at 09:14:41AM +1100, Warren Toomey wrote:
> In article by 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
> 
> Thanks Dion. Any rough idea on availablility of this license if we give you
> the go ahead?
> 
> Ciao,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 24 Feb 1998 14:32:16 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: DRAFT of license for ancient UNIX sources
References: <19980224141423.36849@sco.com> <199802242226.JAA23024@henry.cs.adfa.oz.au>
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On Wed, Feb 25, 1998 at 09:26:19AM +1100, Warren Toomey wrote:
> In article by Dion Johnson:
> > What I will TRY to do is tell the NJ legal folks that
> > this is it - we have negotiated and agreed on this.
> > I may or may not be able to pull off that little coup.
> > I suspect they are getting pretty tired of this and
> > they know I will not go away.  They may just give up
> > and say OK. ;-)  If so, I think we will be in business
> > just about immediately!
> 
> I think that if you tell them it's over, they should be heartened. Please
> let them know we appreciate their efforts.
> 
> I'd like to know what the mechanism will be to get a license, so that I can
> write a FAQ entry for it. How do overseas people, like myself, get the
> paperwork to SCO. Who nominates the authorized countries and designated CPUs?

Right.  I think we need a simplified summary of the license to be
online, perhaps at your website if that's the right place, and also
at our website.  I suspect our legal folks will not want the entire
license text to be online.  So, you will request the license form
from SCO; we mail it.

You fill in the designated CPU info, and what countries are to be
covered.  I will try to track down what is the list of "bad" countries.

> 
> I'll also need a contact in licensing, so that I can get written authorization
> when I need to pass source code copies to new licencees.

Right, I will ask for that.  Maybe we give you a stack of blank license
contract forms?

> Will SCO accept credit card numbers (via PGP-encrypted mail), or do I really
> have to send a US$ bank cheque?

I dont think we have any ready mechanism to handle credit cards
in the legal dept, but I will check.

> Etc etc. What else can I think of??

I'm sure you will think of more administrivia. ;-)
-Dion

> 8-)
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 25 Feb 1998 14:13:05 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: DRAFT of ancient UNIX license.
References: <19980225075006.41739@sco.com> <199802252203.JAA25350@henry.cs.adfa.oz.au>
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On Thu, Feb 26, 1998 at 09:03:34AM +1100, Warren Toomey wrote:
> > > 1. Authorized country?  What's that? Will I who live in Sweden be
> > > able to get the UNIX license?
> > This will be used to fill in a list of the countries which the
> > licensee wishes the license to apply to.  Probably we ought
> > to work up a standard list that everyone agrees on.
> 
> How about ``All countries not excluded in Section 5.2 of this license''?
>  
> 	Warren

I tried to get them to just write the license this way, but they
refused.  So, we simply make up a list of countries and print it
on a page and attach it to the license as licensee-submitted
data.  Or maybe we just write in what you wrote above and see
if it flies.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 25 Feb 1998 14:28:08 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: DRAFT of ancient UNIX license.
References: <19980225141305.31579@sco.com> <199802252224.JAA25486@henry.cs.adfa.oz.au>
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On Thu, Feb 26, 1998 at 09:24:05AM +1100, Warren Toomey wrote:
> In article by Dion Johnson:
> > > How about ``All countries not excluded by Section 5.2 of this license''?
> > 
> > I tried to get them to just write the license this way, but they
> > refused.  So, we simply make up a list of countries and print it
> > on a page and attach it to the license as licensee-submitted
> > data.  Or maybe we just write in what you wrote above and see
> > if it flies.
> 
> 8-)
> 
> Sounds good to me. Given I don't actually own a PDP-11 myself, I want
> to see their faces when they see the list of designated CPUs:
> 
> 	KDJ-11 emulator by Bob Supnik
> 	KDJ-11 emulator by John Wilson (aka Ersatz)
> 	User-mode KDJ-11 by Warren Toomey

<snicker>  that will be fun.

> 
> What about SCO including a CD-ROM with each license. Do you think they'd
> be prepared to do this?

Well... hmmm... we are not really staffed in the legal dept and
free stuff programs to do this.  I was hoping you enthusiasts already
have all the code and can share it among yourselves as needed.

E.g. if a new player wants the stuff, they send us $100 and a
filled out license form.  Then we notify you (or notify the PUPS
society) that this person is licensed, and you guys figure out
how to service the new guy.  Would that work?





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 25 Feb 1998 14:43:45 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: DRAFT of ancient UNIX license.
References: <19980225142808.42496@sco.com> <199802252235.JAA25542@henry.cs.adfa.oz.au>
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On Thu, Feb 26, 1998 at 09:35:34AM +1100, Warren Toomey wrote:
> > E.g. if a new player wants the stuff, they send us $100 and a
> > filled out license form.  Then we notify you (or notify the PUPS
> > society) that this person is licensed, and you guys figure out
> > how to service the new guy.  Would that work?
> 
> Yeah, as long as there's a mechanism for us to guarantee that someone
> actually owns a license. I suppose you guys would like a copy of the CD-ROM,
> too?!
> Thanks,
> 	Warren

I guess if I send you a message that Ralph@foo.net.au has a license,
that's good enough?  Maybe we need to use PGP to guarantee truth?

Sure, we'd like the CD. ;-)  I will even compensate you for it
somehow...  

By the way, if you want any SCO software for free, just say the
word.  Never mind asking for a 100-user server license, but 
any of the usual stuff is yours for the asking.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 25 Feb 1998 14:59:48 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: DRAFT of ancient UNIX license.
References: <19980225144345.61400@sco.com> <199802252256.JAA25689@henry.cs.adfa.oz.au>
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Woops I seem to have misplaced your postal/shipping
address.  Can yoy pls send?  I need a phone number, too.

On Thu, Feb 26, 1998 at 09:56:49AM +1100, Warren Toomey wrote:
> > I guess if I send you a message that Ralph@foo.net.au has a license,
> > that's good enough?  Maybe we need to use PGP to guarantee truth?
> 
> Yes please. And you should send any license identification information,
> such as license numbers etc. According to the license, I have to keep
> copis of this.
> 
> You can pick up my PGP public key from
> 
> 	http://www.auug.org.au/cgi-bin/pgpkey.pl
> 
> which is a key-signing service.
>  
> > Sure, we'd like the CD. ;-)  I will even compensate you for it
> > somehow...  
> 
> You already have, Dion.
>  
> > By the way, if you want any SCO software for free, just say the
> > word.  Never mind asking for a 100-user server license, but 
> > any of the usual stuff is yours for the asking.
> 
> 8-) I'm not sure I heard that. I wouldn't mind that free SCO OpenServer
> and UnixWare, at least so I can get Motif up on my FreeBSD box.
> 
> I'll browse your web site & send you a shopping list sometime.
> 
> Many thanks,
> 
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 2 Mar 1998 15:26:05 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Full Steam Ahead with License
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See below.

On Mon, Mar 02, 1998 at 10:15:36AM +1100, Warren Toomey wrote:
> Dion,
> 	No negative feedback on the mailing list re the license. If you haven't
> already, give legal the go-ahead on the license.

I am going to give myself the go-ahead and not bother those busy
legal folks any more.

It looks like we may be able to permit credit cards and Intl Money Orders.
Are VISA and AMEX enough cards to support?
I should know pretty soon on this.

> 	I am proposing that a number of volunteers burn CDs to meet the demand
> of the licencees. Someone asked if a password-protected ftp site would be ok?
> I thought that it might contravene the license. What's your opinion?

As long as you know WHO has the password, that would be in accordance
with the license, as I read it.
-Dion

> I've talked to a number of people who write journal articles, to get this
> some more publicity, but only when the license is purchasable.
> 
> Thanks,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 2 Mar 1998 16:23:37 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: License paperwork
References: <199803022334.KAA08093@henry.cs.adfa.oz.au>
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On Tue, Mar 03, 1998 at 10:34:10AM +1100, Warren Toomey wrote:
> Dion,
> 	You mentioned that legal may not be happy with the full license
> being publically available. Does this mean that we have to write SCO to
> get paper copies?

I was concerned that some nefarious hacker would modify the license
and sign it, send in, and we not notice that he modified it.

But I just went over and talked to some of the legal folks here... as
far as they are concerned, this is not a big exposure.  So you 
can put it on your website, and we may (or may not) put it on ours.
In any case, we would like to put a link to your website.
We will probably create a PR-oriented web page about this, giving
credit to you and PUPS et al who signed the petition or whatever
makes sense.

So I guess we can do whatever feels reasonable.  We can always
spot check these (or check every one of them if someone wants
to).  But will not do any fancy authentication procedures.

Someday in the future when electronic commerce is more developed
things like verification of forms and electronic signatures will
be commonplace...

So I guess what we have is this:
1. prospective licensee gets the form from your website.
2. He signs and sends to us here and sends his $100 to SF PO box
3. Someone here lets you know that he is a licensee.
4. You can send him the source code  (and charge a fee for that
   as you see fit).

As soon as I get an answer on the credit card/ IMO question,
we are done, it seems.
-Dion

> Having a .ps or .pdf or .doc version of the license available on your
> web site (or ftp site) would be much better. Prospective licensees could
> download, print, sign and post it into SCO with their cheque or credit
> card details.
> 
> Maybe as a middle-ground solution, I could hold the electronic version, and
> email it to people who want it?
> 
> Any ideas?
> 
> Thanks,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 3 Mar 1998 12:29:11 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: License paperwork
References: <19980302162337.13017@sco.com> <199803030103.MAA08355@henry.cs.adfa.oz.au>
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On Tue, Mar 03, 1998 at 12:03:46PM +1100, Warren Toomey wrote:
> > So I guess what we have is this:
> > 1. prospective licensee gets the form from your website.
> > 2. He signs and sends to us here and sends his $100 to SF PO box
> > 3. Someone here lets you know that he is a licensee.
> > 4. You can send him the source code  (and charge a fee for that
> >    as you see fit).
> > 
> > As soon as I get an answer on the credit card/ IMO question,
> > we are done, it seems.
> > -Dion
> 
> I think so. Thanks again for all this effort. You'll be glad to have a
> break from me when this is all over.
> Phew!
> 	Warren

Quite frankly, you are one of the most reasonable customers I've
ever dealt with. ;-)
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: License paperwork
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On Wed, Mar 04, 1998 at 08:11:45AM +1100, Warren Toomey wrote:
> > Quite frankly, you are one of the most reasonable customers I've
> > ever dealt with. ;-)
> 
> You must have some awful customers then. Next gnarly question from the
> mailing list:
> 
> > Will those who have to
> > transfer the source kit through a PC-clone or other Unix workstation
> > have to license the intermediary machines with SCO?  In other words,
> > will the intermediary machines need to be registered as "DESIGNATED
> > CPU"s?
> 
> I hope not!
> 
> 	Warren

Right, that makes no sense at all.  I suspect we (you and I) will 
want to whip up a sort of cover letter for the license that
explains how to fill out the form and, as experience accumulates,
a FAQ, etc.  I know that academically inclined people enjoy
nitpicking and obliquely critiquing legal language by reading
in various permutations of parentheses... and it's fun up
to a point, but I dont want to get too bogged down with this.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-Id: <199803022328.KAA08076@henry.cs.adfa.oz.au>
Subject: Re: Full Steam Ahead with License
To: dionj@sco.COM (Dion Johnson)
Date: Tue, 3 Mar 1998 10:28:19 +1100 (EST)
Cc: pups@minnie.cs.adfa.oz.au (PDP Unix Preservation)
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In article by Dion Johnson:
> I am going to give myself the go-ahead and not bother those busy
> legal folks any more.

Goodo.
 
> It looks like we may be able to permit credit cards and Intl Money Orders.
> Are VISA and AMEX enough cards to support? I should know pretty soon on this.

I suspect that would be fine.
 
> > Someone asked if a password-protected ftp site would be ok?
> > I thought that it might contravene the license. What's your opinion?
> 
> As long as you know WHO has the password, that would be in accordance
> with the license, as I read it.
> -Dion

That's excellent news, Dion. I'll cc this to the PUPS mailing list.

Thanks again,

	Warren


From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 9 Mar 1998 16:23:45 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Draft of `How to Get License' info
References: <199803100005.LAA10612@henry.cs.adfa.oz.au>
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On Tue, Mar 10, 1998 at 11:05:08AM +1100, Warren Toomey wrote:
> Dion,
> 	Hi, I'm just drafting a set of instructions to add to the PUP web
> page on how to get the new PDP-11 license from SCO. I've attached it below.
> Stuff in [] are comments about things I'm not sure of.

Good show!

> Could you read through it and suggest any useful changes? 

Yes, see below.

> I'm also not sure if I'm going to contact SCO to verify that a person
> owns a license, or if SCO is going to contact me when someone buys a license.
> Which way, and who to contact at SCO?

I think we need to send you an email when a license is signed.
That is, when WE sign it and return a copy to the sender.

> Mind you, I'm hanging out for the official announcement, so are about
> 300 other people.
> 
> Many thanks again!!
> 
> 	Warren
> 
> 
> Here's how to get a source license for PDP-11 Unix from SCO:
> 
> 1. Download the SCO source license from this web server [``SCO source license''

I think we can call it "SCO Special Software License"

As far as I know, you can put it on your website too.

>    is the hyperlink]. Alternatively ftp it from ftp://..., or obtain it from
>    SCO's web server at http://....

http://www.sco.com/offers

>    [?] The source license is in several formats: [which ones?]

I think we just want it in ordinary ASCII text.  I sure as
hell would not have a Word format document. ;-)  We should tell
folks to avoid messing with the text of the contract so that
our "contract text checking program" will not be confused.
<wink>  <wink>.

> 2. Print the source license out.
> 
> 3. Fill in your full name and address.
> 
> 4. For AUTHORIZED COUNTRY, I suggest writing:
> 
> 	All countries not excluded by Section 5.2

Yes, very good.  I have no idea how to find that damned
govt list.  I think our reference is out of date but who
cares?

> 5. You need to list the DESIGNATED CPUs. [Do we? I can't see where on
>    the draft to fill this in] If you have PDP-11 hardware,
>    list the number and models of PDP-11s, e.g

No, it doesnt say that.  It says that on our request, you must
furnish the list, but we dont demand it up front.  In practice,
I doubt we will ever ask anyone to furnish this, much less
do an on-site visit.  Of course, it might be a fun way to
win a trip to Australia if I volunteer to go on a tour to
see that our highly valuable intellectual property is 
being treated right... ;-)

> 
> 		two PDP-11/45, three PDP-11/23
> 
>    If you are going to run the software using the emulators, list them, e.g
> 
> 	    PDP-11/40 emulator written by Eric Edwards
> 	    PDP-11/45 emulator (Ersatz) written by John Wilson
> 	    PDP-11/45 emulator written by Bob Supnik
> 	    PDP-11/45 emulator (P11) written by Joerg Micheel & Harti Brandt
> 	    User-mode PDP-11 emulator (Apout) written by Warren Toomey
> 
>    You might as well put these in anyway.
> 
> 6. Draw a cheque (from a U.S bank) for US$100 to The Santa Cruz Operation, Inc.
>    An alternative is to quote your credit card number, described below.

Or Intl Money Order.  I think we need to explicitly say VISA, Mastercard,
or American Express.  I dont want to have trouble with some indigenous, local
credit cards, if possible.

> 7. Write a cover note giving you name and contact details (address, fax, email)
>    and indicating you wish to purchase the enclosed source license for PDP-11
>    Unix. Quote your credit card details here, if you are paying by this method,
>    and authorise SCO to withdraw US$100 from your card.
> 
> 8. Sign the license agreement. Sign the cover note. Send the agreement, cover
>    note and any bank cheque to:
> 
> 	The Santa Cruz Operation, Inc.
> 	P.O. Box 7745
> 	San Francisco, CA 94120-7745
> 
> 9. Wait for a response from SCO.

SCO will try to respond within 2 weeks.  (I'm guessing here)
If you have any questions, contact:

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

Attention: Law and Corporate Affairs





From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-ID: <19980310124522.51796@sco.com>
Date: Tue, 10 Mar 1998 12:45:22 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Draft of `How to Get License' info
References: <19980309162345.49134@sco.com> <199803100038.LAA10653@henry.cs.adfa.oz.au>
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Warren,

Are there any cute/interesting logos or other graphics
in any of your old UNIX materials?

I'm looking for something to put on our web page to
advertise the new $100 license for ancient source.

If you could scan in something and email it, or even
postal mail a box cover or something I can scan in
or digi-photograph...

I dont have any of these ancient materials around here.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 10 Mar 1998 15:09:08 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Draft of `How to Get License' info
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License form (signed) and the remittance both go to
the PO box in SF.

On Wed, Mar 11, 1998 at 10:02:18AM +1100, Warren Toomey wrote:
> In article by Dion Johnson:
> > Looks good.  You will probably want to tweak it as
> > questions come up.  
> 
> Just one, do we send the license to PO Box 7745, or to Encinal street.
> I know the cheques got to PO Box 7745.
> 
> Thanks,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 10 Mar 1998 13:06:49 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Draft of `How to Get License' info
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Looks good.  You will probably want to tweak it as
questions come up.  

As far as I understand things, we are ready to go when
you are.   That is, we can accept license applications
any time.

I am working with our webpage gnomes to get something
online here.  Probably takes a week or two, the way our
bureaucracy operates... 

On Tue, Mar 10, 1998 at 11:38:22AM +1100, Warren Toomey wrote:
> Here's the next draft with your suggestions, Dion.
> 
> 	Warren
> 
> 
> Here's how to get a source license for PDP-11 Unix from SCO:
> 
> 1. Download the SCO Special Software License from this web server.
>    Alternatively ftp it from ftp://..., or obtain it from
>    SCO's web server at http://www.sco.com/offers.
> 
> 2. Print the source license out. Don't think about modifying the license
>    because it is verified when it gets to SCO, and all you are doing is
>    throwing away the cost of postage.
> 
> 3. Fill in your full name and address.
> 
> 4. For AUTHORIZED COUNTRY, I suggest writing:
> 
> 	All countries not excluded by Section 5.2
> 
> 5. Draw a cheque (from a U.S bank), or an international money order, for
>    US$100. It must be payable to The Santa Cruz Operation, Inc.
>    An alternative is to quote your credit card number, described below.
> 
> 6. Write a cover note giving you name and contact details (address, fax, email)
>    and indicating you wish to purchase the enclosed SCO Special Software
>    License.
> 
> 7. You can pay by VISA, Mastercard, or American Express credit card if you
>    choose. Quote your credit card details in the cover note, if you are paying
>    by this method, and authorise SCO to withdraw US$100 from your card.
> 
> 8. Sign the license agreement. Sign the cover note. Send the agreement, cover
>    note and any bank cheque to:
> 
> 	The Santa Cruz Operation, Inc.
> 	P.O. Box 7745
> 	San Francisco, CA 94120-7745
> 
> 9. Wait for a response. SCO will try to respond within 2 weeks.
>    If you have any questions about the license or its status, contact:
> 
> 	THE SANTA CRUZ OPERATION, INC.
> 	400 Encinal Street
> 	Santa Cruz, California 95061-1900
> 	United States of America
> 
> 	Attention: Law and Corporate Affairs





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 10 Mar 1998 14:15:58 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Draft of `How to Get License' info
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THE SANTA CRUZ OPERATION, INC. 
SPECIAL SOFTWARE LICENSE AGREEMENT FOR ANCIENT UNIX SOURCE CODE

Agreement Number: ________________ 
(to be assigned by SCO upon acceptance)

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                   Title                

__________________________________	____________________________________
Address                                 Printed name and title

__________________________________	____________________________________
Address                    

__________________________________	____________________________________	
Address                                 Date

__________________________________		
By						

__________________________________
Print or Type Name and title 

__________________________________
Phone and FAX, please

__________________________________
Email address - required


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 in US
dollars, by credit card (VISA, American Express, or Mastercard
ONLY), International Money Order, or check drawn on U.S. bank
payable 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.-030998

		






From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 10 Mar 1998 15:08:38 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Draft of `How to Get License' info
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I suspect the legal/finance folks will holler "foul" when
this hits them but hell that's their job. ;-)

And now, here is a possible beginning for an announcement.
Let me know what you think.  Pass this along to anyone
else whom you wish to comment.


10 March 1998

SCO Provides Low-cost Source License for Ancient UNIX Versions
--------------------------------------------------------------

SCO, in cooperation with the PDP-11 UNIX Preservation Society, is
happy to announce the availability of a special software license
for UNIX Editions 1-7 and 32V.

This license permits hobbyists and enthusiasts to have access to
the source code of these historic versions of UNIX, for personal
and noncommercial use, and to share experiences and code updates
with other licensees.

The license text may be found online at www.sco.com/offers, and
the PUPS website URL below.  A $100 fee is charged to offset cost
of legal and administrative handling of the license.  If you are
interested, and for more information, check the PUPS website at

  http://minnie.adfa.oz.au/PUPS

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





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 18 Mar 1998 15:09:23 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: CD coming your way
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I havent heard anything from our people who live in
the PO box in SF.  I am almost afraid to ask. ;-)

I am closer to getting SCO's version of the license
availability announcement out the door.   It's
being reviewed.

Sheesh, you'd think I work for a $billion company with
all the bureaucracy.

Thanks for the cute Kangaroo picture.  I also got a
pretty postcard of a DEC PDP-8 from Max Bennet (I am
not sure I'm reading his writing correctly) at NOP.
You know who they are, I suppose?

Also got a nice letter from a grad student at U Wisc
who wanted the license but could not afford it.

I think we will work up a process to waive the
fee for needy applicants.
-Dion

On Tue, Mar 17, 1998 at 11:03:01AM +1100, Warren Toomey wrote:
 >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 >Subject: CD coming your way
 >To: Dion Johnson <dionj@sco.com>
 >Date: Tue, 17 Mar 1998 11:03:01 +1100 (EST)
 >X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 >Dion,
 >	I dropped a CD of the current PUPS Archive of ancient Unix in the
 >mail on Saturday. Hopefully it should be with you in a week or two.
 >
 >Please have a look at it and make any comments. It was written at 4x speed,
 >and I can't read it on very old drives, but the new CD drives should cope.
 >
 >How are licensing coping with the incoming deluge?!
 >
 >Cheers,
 >	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 18 Mar 1998 15:23:03 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: CD coming your way
References: <19980318150923.44326@sco.com> <199803182318.KAA03662@henry.cs.adfa.oz.au>
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On Thu, Mar 19, 1998 at 10:18:20AM +1100, Warren Toomey wrote:
 >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 >Subject: Re: CD coming your way
 >To: Dion Johnson <dionj@sco.com>
 >Date: Thu, 19 Mar 1998 10:18:20 +1100 (EST)
 >X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 >In article by Dion Johnson:
 >> I havent heard anything from our people who live in
 >> the PO box in SF.  I am almost afraid to ask. ;-)
 >
 >Hmm, I understand the feeling. I had that when
 >I started pestering you at the beginning ;-)
 > 
 >> I am closer to getting SCO's version of the license
 >> availability announcement out the door.   It's
 >> being reviewed. Sheesh, you'd think I work for
 >> a $billion company with all the bureaucracy.
 >
 >Yes, a few people were asking when www.sco.com/offers
 >was going to reflect the license release.
 >
 >> Thanks for the cute Kangaroo picture.  I also got a
 >> pretty postcard of a DEC PDP-8 from Max Bennet (I am
 >> not sure I'm reading his writing correctly) at NOP.
 >> You know who they are, I suppose?
 >
 >There's a DEC special interest group called SIG NOP. The OP stands
 >for Old Platforms. I can't remember what the N stands for, if anything.

This says:
Nostalgic Obsolete Products
The postcard is from a DEC Museum in Australia
Interesting...

I am putting these cards and letters up on the wall
in the hallway, and will report to some of the VPs
about this.  Maybe get PR involved and do a press
release about how fucking nice we are.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 18 Mar 1998 15:49:34 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: CD coming your way
References: <19980318152303.51086@sco.com> <199803182328.KAA03710@henry.cs.adfa.oz.au>
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On Thu, Mar 19, 1998 at 10:28:21AM +1100, Warren Toomey wrote:
 >> I am putting these cards and letters up on the wall
 >> in the hallway, and will report to some of the VPs
 >> about this.  Maybe get PR involved and do a press
 >> release about how fucking nice we are.
 >
 >Whups, ah that's what it stood for. They have monthly meetings here in
 >Australia, and they have working bees which restore old DEC boxes.
 >
 >?! haven't heard you swear before. Bad day at work? you don't like PR
 >people? I've written a short article for the Australian Unix Users Group
 >here, which I've attached. PR without the PR, perhaps.

No, I meant it in a kidding way.  Sorry, a California-ism.

Actually, I like the PR people.  I just think that what they
do is pretty ridiculous.

This is a very interesting and amusing article.  I am most
flattered by your kind words.  (I also might get a few brownie
points with the big bosses, which is extra nice.)

After it's published by your User group, how about publishing
it in SCO World, or some similar place?  Would you be up
for that?
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 18 Mar 1998 16:19:15 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: CD coming your way
References: <19980318154934.53647@sco.com> <199803190009.LAA03836@henry.cs.adfa.oz.au>
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On Thu, Mar 19, 1998 at 11:09:59AM +1100, Warren Toomey wrote:
 >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 >Subject: Re: CD coming your way
 >To: Dion Johnson <dionj@sco.com>
 >Date: Thu, 19 Mar 1998 11:09:59 +1100 (EST)
 >In article by Dion Johnson:
 >> No, I meant it in a kidding way.  Sorry, a California-ism.
 >
 >Fair enough. Email flattens out all the nuances of normal conversation;
 >I guess that's why smileys were invented.

Yes, exactly.

 >> Actually, I like the PR people.  I just think that what they
 >> do is pretty ridiculous.
 >
 >Yeah, me too.
 > 
 >> This is a very interesting and amusing article.  I am most
 >> flattered by your kind words.  (I also might get a few brownie
 >> points with the big bosses, which is extra nice.)
 >> After it's published by your User group, how about publishing
 >> it in SCO World, or some similar place?  Would you be up
 >> for that?
 >
 >I'm sure I can get them to approve that. Actually, I've submitted it
 >but they haven't said yes or no yet. So it's still unpublished, and you
 >can have it for SCO World, as long as they approve its publication
 >elsewhere. Peter Salus at Usenix was also going to take it, or he was
 >going to write something himself (he was involved in the liberation of
 >the Lions' book).

I think it would be very nice in SCO World (circ. 50K).
They are an independent publication, but always looking for
interesting material.

 >I haven't heard back from anyone in regards to PR-type images/icons
 >for the license artwork.

I forget.  What did you want this for?  The company is a little
bit nervous about letting people use our logo, but it's done
without permission all the time and we dont do anything about it.

 >Overall, what's the attitude within SCO re the new license and the
 >stuff you did over the past 2 years to get it approved? I hope it
 >hasn't made you persona non grata.

Of course the technical people are pleased, although few of them
know about it as yet, since it's not announced.

Doug is mildly pleased, I guess.  I think Ray Anderson, my
VP of Marketing feels I've been wasting too much time on this
thing which is not obviously making money, but I think he'll
come around when he sees some good PR flowing.

The legal people are a little grumpy at me, but they also
know my heart is pure and they sorta respect that.

I am known as a bit of a maverick, and customer advocate, so
it's expected.  Every company needs a few people like me.

Overall, I am very proud of doing this and grateful for your
help and the help of the other PUPS and other participants
in the Unix heritage.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Bob Supnik <Bob.Supnik@digital.com>
To: "'wkt@cs.adfa.oz.au'" <wkt@cs.adfa.oz.au>, dionj@sco.com
Subject: RE: the PDP binary license
Date: Thu, 19 Mar 1998 17:32:55 -0500
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I dealt with Scott McGregor, the now departed CTO of the company.

/Bob

	-----Original Message-----
	From:	Warren Toomey [SMTP:wkt@henry.cs.adfa.oz.au]
	Sent:	Thursday, March 19, 1998 5:03 PM
	To:	dionj@sco.com
	Cc:	bob.supnik@ljo.dec.com; jeannea@sco.com
	Subject:	Re: the PDP binary license

	In article by Dion Johnson:
	> One of our legal people asked me about the
	> binary licenses for 5-7th edition that you
	> mention on your web page.
	> 
	> I dont know this entire story.    What's
	> the origin of this license?  It's clearly 
	> an SCO license, but who, here, provided it
	> to you guys?  Who did Bob deal with?
	> -Dion

	Hi Dion, I don't know whi Bob Supnik was dealing with inside SCO
	to get the PDP-11 binary licenses approved. I'm cc'ing this to
Bob,
	who should be able to give you the full story.

	Cheers,
		Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 19 Mar 1998 13:00:57 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@henry.cs.adfa.oz.au
Cc: jeannea@sco.COM
Subject: the PDP binary license
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One of our legal people asked me about the
binary licenses for 5-7th edition that you
mention on your web page.

I dont know this entire story.    What's
the origin of this license?  It's clearly 
an SCO license, but who, here, provided it
to you guys?  Who did Bob deal with?
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 19 Mar 1998 14:57:43 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: the PDP binary license
References: <19980319130057.52458@sco.com> <199803192202.JAA05191@henry.cs.adfa.oz.au>
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Thanks Warren!
This will help to speed our license announcement.

On Fri, Mar 20, 1998 at 09:02:30AM +1100, Warren Toomey wrote:
 >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 >Subject: Re: the PDP binary license
 >To: Dion Johnson <dionj@sco.com>
 >Date: Fri, 20 Mar 1998 09:02:30 +1100 (EST)
 >Cc: bob.supnik@ljo.dec.com, jeannea@sco.com

 >In article by Dion Johnson:
 >> One of our legal people asked me about the
 >> binary licenses for 5-7th edition that you
 >> mention on your web page.
 >> 
 >> I dont know this entire story.    What's
 >> the origin of this license?  It's clearly 
 >> an SCO license, but who, here, provided it
 >> to you guys?  Who did Bob deal with?
 >> -Dion
 >
 >Hi Dion, I don't know whi Bob Supnik was dealing with inside SCO
 >to get the PDP-11 binary licenses approved. I'm cc'ing this to Bob,
 >who should be able to give you the full story.
 >
 >Cheers,
 >	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-ID: <19980320140932.37135@sco.com>
Date: Fri, 20 Mar 1998 14:09:32 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: DRAFT of ancient UNIX license.
References: <19980225144345.61400@sco.com> <199802252256.JAA25689@henry.cs.adfa.oz.au>
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On Thu, Feb 26, 1998 at 09:56:49AM +1100, Warren Toomey wrote:
 >Yes please. And you should send any license identification information,
 >such as license numbers etc. According to the license, I have to keep
 >copis of this.
 >
 >You can pick up my PGP public key from
 >
 >	http://www.auug.org.au/cgi-bin/pgpkey.pl
 >
 >which is a key-signing service.
 > 

The service says I need to specify a "normal PGP search string".

Since I have not used PGP before, I dont know what this is.
Can you tell me briefly?

We have about a dozen licenses here, all paid up and signed
off.

Some of the legal folks are still asking questions and raising
objections, but I think the horse has already left the barn. ;-)

Btw, another interesting question:

How does PUPS, yourself, and various others in the ancient
priesthood handle the word "Unix" ?

That is,  I know the original usage was "Unix".
Later, much later, it was trademarked by TOG as UNIX(R).
Some people here are trying to tell me that occurrences
of "Unix" should be replaced by the trademarked version
but I'm not sure that's true.  The older version of
the word relates to the Unix technology as it existed
prior to the trademarked word, so I would try to argue
that "Unix" is perfectly correct usage and does not
refer to that thing which is called UNIX(R).

What's your take on this?





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Warren Toomey <wkt>
Message-Id: <199803222326.KAA08431@henry.cs.adfa.oz.au>
Subject: Re: DRAFT of ancient UNIX license.
To: dionj@sco.COM (Dion Johnson)
Date: Mon, 23 Mar 1998 10:26:45 +1100 (EST)
Cc: wkt (Warren Toomey)
In-Reply-To: <19980320140932.37135@sco.com> from Dion Johnson at "Mar 20, 98 02:09:32 pm"
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In article by Dion Johnson:
> Since I have not used PGP before, I dont know what this is.
> Can you tell me briefly?

PGP is a public key system which provides both document encryption and
authentication.

Each person has a private key & a public key. The public key is distributed.

To encrypt a document, you use the receiver's public key. Only the real
receiver can decrypt the document, using their private key.

To sign a document, you encrypt with your private key. Anybody with your
public key can decrypt the document, and this proves that you were the signer.

Encryption and authentication can be combined.

I assume you have PGP version 2.6.3 installed on your system at SCO.
To create your public/private key, do:

	$ pgp -kg 1024

which makes keys of 1024 bits.

You can save your public key in fred.asc by

	$ pgp -kxa xxx fred

where xxx is your login name. Put this file on your web page somewhere.

To add someone else's key (in file jim.asc) to your list of keys:

	$ pgp -ka jim.asc

It is best if you have your email built to use PGP transparently. Otherwise,
here's what to do:

Encrypt a document to remote user xxx:

	$ pgp -o newfile -ea file xxx
 
Sign a document:

	$ pgp -o newfile -sa file

Sign and encrypt:

	$ pgp -o newfile -sea file xxx

Then attach newfile to the e-mail to user xxx.

Decrypting incoming file:

	$ pgp -d infile

Verifying signing of incoming file:

	$ pgp -d infile


> We have about a dozen licenses here, all paid up and signed
> off. Some of the legal folks are still asking questions and raising
> objections, but I think the horse has already left the barn. ;-)

Excellent. I guess the country issue would stick in their throats a bit.

> Btw, another interesting question:
> How does PUPS, yourself, and various others in the ancient
> priesthood handle the word "Unix" ?
> 
> That is,  I know the original usage was "Unix".
> Later, much later, it was trademarked by TOG as UNIX(R).
> Some people here are trying to tell me that occurrences
> of "Unix" should be replaced by the trademarked version
> but I'm not sure that's true.  The older version of
> the word relates to the Unix technology as it existed
> prior to the trademarked word, so I would try to argue
> that "Unix" is perfectly correct usage and does not
> refer to that thing which is called UNIX(R).
> 
> What's your take on this?

Here's my answer below, Dion. Hope this helps!!

	Warren




Here are my reasons why I use the term Unix and not UNIX. You may find the
wording of the following somewhat belligerent: I'm just calling it as I see it.
Therefore, you may wish to tone down the wording for internal consumption.

1) UNIX looks ugly.

	I much prefer Unix to UNIX in terms of appearance.
	This probably explains why UnixWare isn't UNIXWare.

2) Wide existing use of Unix.

	The term Unix is widely used, both in print, in the Usenet
	newsgroups, and in other places (such as freely-available software).
	If the lawyers are going to urge us to use the term UNIX, then we
	say `Why didn't you urge everybody else to do the same?' In particular,
	the 25 Years of Unix book by Peter Salus and John Lions' Commentary
	on V6 talk about the same versions of Unix that we do.

3) We are not violating trademark laws.

	UNIX is a trademark, and so there are set rules on its use.
	Unix is not a trademark, and so we are not violating any laws.

4) No license requirements to prevent use of Unix.

	So far as I can tell, no Western Electric, AT&T or SCO license
	has any clauses about the term Unix, and not to use it.
	I could be wrong here, though.

5) The trademark only came into existence around 1977.

	No 6th Edition files contain the words `UNIX is a trademark of
	Bell Laboratories'. Therefore, there was no trademark specific
	term for the software up to this point.
	
6) Adjective stupidity.

	UNIX still is an adjective, I believe. This results in expression
	stupidity. For example, I can say ``6th Edition Unix was released
	in May 1975.'' However, I have to say ``The 6th Edition of the
	UNIX operating system was released in May 1975.''

	Mind you, this affects SCO's web pages: many of your pages violate
	this adjectival usage:

		UnixWare 7 extends the powerful remote management capabilities
		available in UNIX by providing greater automation and control
		over local and networked servers and simplifies system
               administration  [unixware/new_features/factsheet.html]

What Do I Mean by Unix?
-----------------------

In the most general context, Unix is an operating system that has roughly the
same system calls, user programs, concepts and ethos of 7th Edition UNIX.
Anything which meets POSIX 1003.1 and 1003.2 is a Unix system. This includes
Minix, Linux, FreeBSD, UnixWare and Xenix.

In another context, the research editions of UNIX, and anything derived
from them which is copyright the owner of 7th Edition UNIX (i.e SCO) is
also Unix. Where there is confusion, I use the term `real Unix'. Where
there is no confusion (e.g on the PUPS Web pages), I just say Unix.

Depending on opinion, either 6th Edition or 7th Edition UNIX are the
`one true Unix'. I'd say 7th Edition myself.

Therefore, what the laywers mean by UNIX is roughly what I mean by `real Unix'.
But I don't treat Unix as an adjective.





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 26 Mar 1998 11:01:11 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: public key block
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Ho ho!  My problem was that I did not know what
"normal PGP search string" meant.  I conjectured,
from your answer, that I might try "wkt" and sure
enough that value caused the server to send
me a public key block which I will take to 
be yours. ;-)
 
On Mon, Mar 23, 1998 at 07:51:45AM +1100, Warren Toomey wrote:
 >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 >Subject: Re: DRAFT of ancient UNIX license.
 >To: Dion Johnson <dionj@sco.com>
 >Date: Mon, 23 Mar 1998 07:51:45 +1100 (EST)
 >X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 >In article by Dion Johnson:
 >> On Thu, Feb 26, 1998 at 09:56:49AM +1100, Warren Toomey wrote:
 >>  >Yes please. And you should send any license identification information,
 >>  >such as license numbers etc. According to the license, I have to keep
 >>  >copis of this.
 >>  >
 >>  >You can pick up my PGP public key from
 >>  >
 >>  >	http://www.auug.org.au/cgi-bin/pgpkey.pl
 >>  >
 >>  >which is a key-signing service.
 >
 >Whups, search for Warren or wkt, and you will get my public key back.
 >
 >Just eating my breakfast at the moment, so I'll reply to the other bits
 >when I get to work...
 >
 >Had a BBQ last night with a dozen friends, so a bit of Mondayitis now 8-)
 >
 >	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 31 Mar 1998 16:01:20 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: public key block
References: <19980326110111.30246@sco.com> <199803262049.HAA04384@henry.cs.adfa.oz.au>
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Well, we have 12 licenses accumulated here and I havent got any
"system" set up to deal with these.  I will probably just send
you a list of the peoples' names and addresses by postal mail.
Hope that's not too primitive.

On Fri, Mar 27, 1998 at 07:49:13AM +1100, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: public key block
 > To: Dion Johnson <dionj@sco.com>
 > Date: Fri, 27 Mar 1998 07:49:13 +1100 (EST)
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > In article by Dion Johnson:
 > > Ho ho!  My problem was that I did not know what
 > > "normal PGP search string" meant.  I conjectured,
 > > from your answer, that I might try "wkt" and sure
 > > enough that value caused the server to send
 > > me a public key block which I will take to 
 > > be yours. ;-)
 > 
 > Yep, and it also ensures that a representative of AUUG actually met me
 > personally to verify who I was and that I did own the key.
 > 
 > Things are hotting up here, the mail on the PUPS list is flooding in.
 > I'm waiting for the first `Got my license!' email to arrive.
 > 
 > Peter Salus has got an article about the licenses in the June Usenix ;login
 > magazine. I'll include it below. My article may be taken by AUUG, UKUUG and
 > ;login, too.
 > 
 > Thanks again,
 > 
 > 	Warren
 > [ ... ] 





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 31 Mar 1998 16:09:00 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: public key block
References: <19980331160120.29891@sco.com> <199804010006.KAA10386@henry.cs.adfa.oz.au>
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On Wed, Apr 01, 1998 at 10:06:39AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: public key block
 > To: Dion Johnson <dionj@sco.com>
 > Date: Wed, 1 Apr 1998 10:06:39 +1000 (EST)
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > In article by Dion Johnson:
 > > Well, we have 12 licenses accumulated here and I havent got any
 > > "system" set up to deal with these.  I will probably just send
 > > you a list of the peoples' names and addresses by postal mail.
 > > Hope that's not too primitive.
 > 
 > Hi Dion, that would be fine with me. You can't send them to me with
 > PGP? We were wondering how things were going, as nobody has got their
 > licenses yet.

They are handwritten.  I am too lazy to type them all in.
Also, I dont have a copy of PGP on my machine here yet.

 > 
 > Alternatively, fax? +61 2 6268 8581	Attention: Warren Toomey

I will just drop them into a DHL or similar express shipment
thing.  Hopefully in a day or two.
Thanks!

 > 
 > Thanks again,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: public key block
References: <19980331160900.27769@sco.com> <199804010015.KAA10446@henry.cs.adfa.oz.au>
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The "the licensing guys" turns out to be ME. ;-)
Legal and the other bureaucrats want no part of this.
So I get to run the program as I see fit.  After all
that discussion.  Why did I ever even bother to ask
them about this? ;-)  Corporate paper-pushers....
I am one, too.

Of course an email address is useful, but not unless
you also have the guy's address typed in, etc.

We shoulda implemented a web-based license form.
I didnt think I could get away with that.
Oh well.


On Wed, Apr 01, 1998 at 10:15:15AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: public key block
 > To: Dion Johnson <dionj@sco.com>
 > Date: Wed, 1 Apr 1998 10:15:15 +1000 (EST)

 > Oh, any chance of getting the licensing guys to mail us and allow us to
 > consult our order on the
 > 
 > 	http://wdb1.sco.com/clbk_web/owa/freeunix_order_status
 > 
 > web page?
 > 
 > Ciao,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 31 Mar 1998 16:31:52 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: public key block
References: <19980331162326.11207@sco.com> <199804010031.KAA10474@henry.cs.adfa.oz.au>
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I suspect the number of these will be small enough
to do it by hand.    You, of course, and the PUPS club
can implement any kind of nifty system you want.

On Wed, Apr 01, 1998 at 10:31:57AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: public key block
 > To: Dion Johnson <dionj@sco.com>
 > Date: Wed, 1 Apr 1998 10:31:57 +1000 (EST)
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > In article by Dion Johnson:
 > > The "the licensing guys" turns out to be ME. ;-)
 > > Legal and the other bureaucrats want no part of this.
 > > So I get to run the program as I see fit.  After all
 > > that discussion.  Why did I ever even bother to ask
 > > them about this? ;-)  Corporate paper-pushers....
 > > I am one, too.
 > > 
 > > Of course an email address is useful, but not unless
 > > you also have the guy's address typed in, etc.
 > > 
 > > We shoulda implemented a web-based license form.
 > > I didnt think I could get away with that.
 > > Oh well.
 > 
 > Yeah, sounds dumb, huh. So the forms are going to SF and then back to you.
 > A web page isn't going to work by itself, cos you'll want ink signatures
 > on the license to prove that they have agreed to it.
 > 
 > Any ideas?
 > 
 > I could put a CGI script in front of the license. Propective user must
 > fill in particulars before they get the license. Particulars get mailed to
 > prospective user, you and I.
 > 
 > They still have to mail license, ink signature and billing details to you.
 > 
 > I can't think of anything else yet.
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 31 Mar 1998 16:43:21 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: public key block
References: <19980331163152.06209@sco.com> <199804010038.KAA10494@henry.cs.adfa.oz.au>
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That's really nice of you Warren, but let's hold off
just yet.  So far, I do still need one of the legal
eagles to actually sign the license.  

On Wed, Apr 01, 1998 at 10:38:25AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: public key block
 > To: Dion Johnson <dionj@sco.com>
 > Date: Wed, 1 Apr 1998 10:38:25 +1000 (EST)
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > In article by Dion Johnson:
 > > I suspect the number of these will be small enough
 > > to do it by hand.    You, of course, and the PUPS club
 > > can implement any kind of nifty system you want.
 > 
 > Ok, try this. Would you be happy to get a short email indicating intent to
 > purchase a license?
 > 
 > I can set up a CGI script that says:
 > 
 > 	Download the license here.
 > 
 > 	If you intend to purchase this license, please
 > 	fill out the following details:
 > 
 > 		Full Name
 > 		E-mail address
 > 
 > 	This will allow SCO to contact you once your license
 > 	has been processed.
 > 
 > I'll try to set it up so that you can reply directly to the mail you
 > get, to let the guy know they have a license.
 > 
 > What do you think?
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 2 Apr 1998 16:29:59 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au, Bob Supnik <Bob.Supnik@digital.com>
Subject: Re: Ultrix for PDP-11s
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Greetings, fellow crusaders,

The existing special source license also covers binaries.
Look at sections 2.1(a) and 2.1(e).
If at all possible, it will be best if we can find an
interpretation of the existing license that permits what
Bob needs.  I think we have it... this is a license to
derived binaries from the sources and should cover all
of SCO's IP that is precursor to DEC's Ultrix added
value.

Does this do the job you need?
-Dion

Warren: I will be shipping you the first dozen licensee
names/addrs tomorrow.  You should have 'em next week.
-Dion

On Fri, Apr 03, 1998 at 10:13:01AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: Ultrix for PDP-11s
 > To: Bob Supnik <Bob.Supnik@digital.com>
 > Date: Fri, 3 Apr 1998 10:13:01 +1000 (EST)
 > Cc: Dion Johnson <dionj@sco.com>
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > Dion, Bob,
 > 	I'm emailing you both because I think I need you both here :-)
 > 
 > Previously, I asked Bob Supnik about the status of PDP-11 Ultrix. From
 > Bob's reponse (below), I'm assuming that Ultrix comes without any source.
 > 
 > In article by Bob Supnik:
 > > If you can clear the other license issues (SCO's) Digital would have no
 > > problem giving a free license to its value add, whatever that was.
 > > 
 > > That is, if the user can obtain a valid license from SCO, either binary
 > > or source, Digital will agree to license its portion at no cost under
 > > existing terms.
 > > /Bob
 > 
 > I replied to Bob asking if the PUPS group could distribute Ultrix to
 > source licensees ONLY. Then I re-read his email....
 > 
 > Bob is saying that, if SCO licenses its copyrighted portions of PDP-11
 > Ultrix _binaries_, DEC will also do so, and allow them to be obtained at no
 > cost.
 > 
 > In order for this to happen, we need a new SCO binary license. Dion, the
 > existing 5th, 6th & 7th Edition binary license is the sort of thing that
 > we require, but it needs to be extended to include either Ultrix binaries,
 > or ALL PDP-11 UNIX binaries (except System V binaries, huh).
 > 
 > Dion, Bob, you've both participated in PDP-11 UNIX licensing recently;
 > is this going to be an effort?
 > 
 > An alternative, which is nearly no effort, is for DEC to allow owners of
 > PDP-11 UNIX source licenses to obtain PDP-11 Ultrix at no cost. This means
 > a $100 fee to get the source license. I think that this would be acceptable.
 > 
 > So, the choices are:
 > 
 > 	a) SCO to modify existing binary license to include Ultrix (others?)
 > 	b) DEC to permit no cost Ultrix-11 licenses to SCO license holders.
 > 
 > I suspect you're going to opt for b), but I don't think there's going to
 > be much drama there.
 > 
 > Thanks again!!!
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Fri, 3 Apr 1998 09:11:40 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Ultrix for PDP-11s
References: <19980402162959.29710@sco.com> <199804030107.LAA13113@henry.cs.adfa.oz.au>
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On Fri, Apr 03, 1998 at 11:07:51AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: Ultrix for PDP-11s
 > To: Dion Johnson <dionj@sco.com>
 > Date: Fri, 3 Apr 1998 11:07:51 +1000 (EST)

 > Hey Dion, I was going to mention SCO Xenix for the PDP-11
 > a while ago, but I thought you already had enough worries.

My, my.  I didnt know there was a XENIX for the PDP-11.

 > It's covered as a sucessor system, but:
 > 
 > 	+ parts are owned by Microsoft?

Maybe.  MS was the exclusive owner of XENIX back in those days, I
think.  We still pay MS a royalty for some of the XENIX code that
is in OpenServer.

 > 	+ we don't have copies of any version.
 > 
 > Is there anybody at SCO who might have saved this old stuff?

I will ask around.  Last time I looked for a copy of XENIX
for the Apple Lisa, I found one.

 > Are we going to be sued by MS if we distribute it?

Probably you would not, but SCO will surely be very, very
cautious about this.  We are continually in discussions with MS
about royalty matters and we would not want to give them
any ammunitiion.   I suspect the legal eagles dont know about
XENIX for the PDP-11.  We should be discreet.
-Dion

 > 
 > Thanks,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-ID: <19980403095446.48700@sco.com>
Date: Fri, 3 Apr 1998 09:54:46 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: licenses mail today
References: <19980402162959.29710@sco.com> <199804030036.KAA13016@henry.cs.adfa.oz.au>
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I think I can get the licenses mailed today to the licensees.

 > > Warren: I will be shipping you the first dozen licensee
 > > names/addrs tomorrow.  You should have 'em next week.
 > > -Dion
 > 
 > Thanks Dion, have you also shipped the licenses?
 > The natives are getting restless!
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 7 Apr 1998 10:50:28 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: AU-1, AU-10
References: <199804070007.KAA00511@henry.cs.adfa.oz.au>
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On Tue, Apr 07, 1998 at 10:07:47AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: AU-1, AU-10
 > To: Dion Johnson <dionj@sco.com>
 > Date: Tue, 7 Apr 1998 10:07:47 +1000 (EST)
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > Dion,
 > 	AU-1 (Peter Jenner) and AU-10 (Charles Retter) have arrived. Can you
 > confirm? I'm assuming the AU stands for Ancient Unix, and not Australia.
 > 
 > Thanks again!
 > 
 > 	Warren

I sent all 13 licenses in a DHL package.  I dont understand how
you could have only these two.  Look again and let me know.  I sent
only the address-page of a copy of the license.

Yes, AU = ancient Unix.  

We can indeed make AU-0 be yours. I am the number-assigner.





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 7 Apr 1998 11:00:20 -0700
From: Dion Johnson <dionj@sco.COM>
To: pete@dunnington.u-net.com
Cc: wkt@henry.cs.adfa.oz.au
Subject: Re: AU-0 licence
References: <9804070219.ZM1535@indy.dunnington.york.ac.uk>
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A very good idea! thanks.

Warren: can you pls fill out a license and send it to me?
thx.

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

On Tue, Apr 07, 1998 at 01:19:05AM +0000, Pete Turnbull wrote:
 > Date: Tue, 7 Apr 1998 01:19:05 GMT
 > From: Pete Turnbull <pete@dunnington.u-net.com>
 > To: dionj@sco.com
 > Subject: AU-0 licence

 > Hi, Dion.
 > 
 > I hope you don't mind me mailing you directly.  I don't know how closely you
 > follow the PUPS mailing list.  It's been suggested that Warren get the 0th
 > licence (AU-0) in recognition of his efforts.  I'd like to vote for that, if
 > it's possible, and assuming you haven't claimed it yourself!
 > 
 > Thanks for all your efforts,
 > 
 > Pete
 > 
 > -- 
 > 
 > Pete						Peter Turnbull
 > 						Dept. of Computer Science
 > 						University of York





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: AU-0 licence
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I just received 12 more licenses signed by the NJ legal folks.
But yours was not in this batch.
I will get these copied and off to you tomorrow (I think).

On Wed, Apr 08, 1998 at 08:11:44AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: AU-0 licence
 > To: Dion Johnson <dionj@sco.com>
 > Date: Wed, 8 Apr 1998 08:11:44 +1000 (EST)
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > In article by Dion Johnson:
 > > Warren: can you pls fill out a license and send it to me?
 > 
 > Yup, I have. SCO took their $100 on the 24th March, according to my
 > Visacard statement. Perhaps you should have a word with SF, from the
 > email, I suspect a lot of people's applications haven't got to you yet.
 > 
 > Ta,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 7 Apr 1998 16:48:24 -0700
From: Dion Johnson <dionj@sco.COM>
To: djenner@halcyon.com
Cc: wkt@henry.cs.adfa.oz.au
Subject: AU-0 for Warren
References: <199804072233.IAA02379@henry.cs.adfa.oz.au> <352AB466.302B0F13@halcyon.com>
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On Tue, Apr 07, 1998 at 04:19:02PM -0700, David C. Jenner wrote:
 > Date: Tue, 07 Apr 1998 16:19:02 -0700
 > From: "David C. Jenner" <djenner@halcyon.com>
 > To: wkt@cs.adfa.oz.au, Dion Johnson <dionj@sco.com>
 > Subject: Re: More licenses in the works

Yes, I will for sure.  If I'd had my wits about me, I'd have
started the numbers with #2 and kept #1 for him. ;-)

As for the Millenium, didnt they start counting at zero? ;-)

 > Dion,
 > 
 > Make sure you assign Warren license number "AU-0".  He's mad at me for
 > getting AU-1, and we decided on the PUPS mailing list that he should be
 > honored with AU-0.  (He probably believes that 2000 is the first year of
 > the next millenium, too!)
 > 
 > Thanks,
 > Dave
 > 
 > Warren Toomey wrote:
 > > 
 > > In article by Dion Johnson:
 > > > I just received 12 more licenses signed by the NJ legal folks.
 > > > But yours was not in this batch.
 > > > I will get these copied and off to you tomorrow (I think).
 > > 
 > > Thanks Dion, I know you're working hard there. It looks like legal are
 > > the bottleneck.
 > > 
 > >         Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Dion,

Make sure you assign Warren license number "AU-0".  He's mad at me for
getting AU-1, and we decided on the PUPS mailing list that he should be
honored with AU-0.  (He probably believes that 2000 is the first year of
the next millenium, too!)

Thanks,
Dave

Warren Toomey wrote:
> 
> In article by Dion Johnson:
> > I just received 12 more licenses signed by the NJ legal folks.
> > But yours was not in this batch.
> > I will get these copied and off to you tomorrow (I think).
> 
> Thanks Dion, I know you're working hard there. It looks like legal are
> the bottleneck.
> 
>         Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: AU-0 for Warren
References: <19980407164824.16093@sco.com> <199804080010.KAA02484@henry.cs.adfa.oz.au>
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No problem, all in good fun!

On Wed, Apr 08, 1998 at 10:10:44AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: AU-0 for Warren
 > To: Dion Johnson <dionj@sco.com>
 > Date: Wed, 8 Apr 1998 10:10:44 +1000 (EST)
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > In article by Dion Johnson:
 > > Yes, I will for sure.  If I'd had my wits about me, I'd have
 > > started the numbers with #2 and kept #1 for him. ;-)
 > > As for the Millenium, didnt they start counting at zero? ;-)
 > > 
 > > Dion
 > 
 > Dion, sorry for all this unwanted email traffic. And no, I wasn't `mad'
 > at David for AU-1, I called him a swine and then congratulated him :-)
 > 
 > Dearie me.
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 8 Apr 1998 14:38:38 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Details of License Transaction
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I have 13 more licenses for you, being copied now.
I will mail these off tomorrow or Friday.
Will someone be able to sign for the package if they
arrive next week?

On Thu, Apr 09, 1998 at 07:23:56AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Details of License Transaction
 > To: Dion Johnson <dionj@sco.com>
 > Date: Thu, 9 Apr 1998 07:23:56 +1000 (EST)
 > Hi Dion,
 > 	I'm just about to go off for Easter, some friends are getting married.
 > I'm including a scan of my Visacard report just so you can see that someone
 > at SCO has done the financial processing. I think legal are being slow again.
 > You'll probably get a deluge of 50 licenses from them next week :-)
 > 
 > Have a good break!
 > 
 > 	Warren
 > 
 > 






From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-ID: <19980408144857.37635@sco.com>
Date: Wed, 8 Apr 1998 14:48:57 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Details of License Transaction
References: <19980408143838.36148@sco.com> <199804082142.HAA04272@henry.cs.adfa.oz.au>
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We who sweat in the corporate salt mines do not get any
Spring break!  And the company does _not_ give us chocolate
Easter eggs, either.  

I hope you enjoy a nice time while you are away!

On Thu, Apr 09, 1998 at 07:42:58AM +1000, Warren Toomey wrote:
 > 
 > Don't eat too much chocolate, now...
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
X-source-folder: /home/wkt/Mail_archive/1998/04/10
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Date: Fri, 10 Apr 1998 12:19:15 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@henry.cs.adfa.oz.au
Subject: more licenses coming
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OK, I am sending off licenses 13-26 to you today.

Still havent seen your license come through, though.
I hope it wasnt lost...

I hope your friends had a nice wedding.  Happy
Easter (Vernal Equinox, if you are secular).
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 15 Apr 1998 11:24:02 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Got batch #2 of licenses
References: <199804141024.UAA09947@henry.cs.adfa.oz.au>
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I understand they have your license and it is awaiting 
the signature of Mr. Broderick.  Let's hope he does not
recognize your name and subject your license to special
scrutiny. ;-)

On Tue, Apr 14, 1998 at 08:24:59PM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Got batch #2 of licenses
 > To: Dion Johnson <dionj@sco.com>
 > Date: Tue, 14 Apr 1998 20:24:59 +1000 (EST)

 > Hi Dion,
 > 	I've just got the next batch of licenses, up to AU-26. They are all
 > dated 6th April by Bill Broderick. Could you have a chat with him and find
 > out where the paperwork for my license has got to? SCO has taken the $100 fee
 > from my account, but nobody has sighted the license on paper. I can always
 > send in the paperwork again. Would you accept a fax of the paperwork?
 > 
 > Many thanks!
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 15 Apr 1998 16:44:54 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Got batch #2 of licenses
References: <19980415112402.29888@sco.com> <199804152250.IAA12465@henry.cs.adfa.oz.au>
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Dont worry; he cant get far with a campaign of denial.

On Thu, Apr 16, 1998 at 08:50:43AM +1000, Warren Toomey wrote:
 > In article by Dion Johnson:
 > > I understand they have your license and it is awaiting 
 > > the signature of Mr. Broderick.  Let's hope he does not
 > > recognize your name and subject your license to special
 > > scrutiny. ;-)
 > 
 > I reckon he already has! Thanks Dion, at least I know its in the works.
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 16 Apr 1998 07:44:47 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Got batch #2 of licenses
References: <19980415164454.38667@sco.com> <199804160005.KAA12606@henry.cs.adfa.oz.au>
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Our dept admin.asst. does 'em.  
What typos?  
This is what I have for the address:

	Warren Toomey
	School of Computer Science, ADFA.
	Northcott drive, Canberra. ACT. 2600
	AUSTRALIA

	Work Phone (GMT +10):	+61 2 6268 8050
 
On Thu, Apr 16, 1998 at 10:05:35AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: Got batch #2 of licenses
 > To: Dion Johnson <dionj@sco.com>
 > Date: Thu, 16 Apr 1998 10:05:35 +1000 (EST)

 > In article by Dion Johnson:
 > > Dont worry; he cant get far with a campaign of denial.
 > 
 > 8-). Can a throw in an apropos? Do you do your DHL labels, or does someone
 > else? The last two have had quite a few typos on them, but fortunately
 > still arrived.
 > 
 > Thanks!
 > 
 > 	Warren
 > 
 > 






From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-ID: <19980429075637.18549@sco.com>
Date: Wed, 29 Apr 1998 07:56:37 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Hi again
References: <199804290122.LAA03686@henry.cs.adfa.oz.au>
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Yeh, I notice they have not sent me any lately.
I am bugging them...

On Wed, Apr 29, 1998 at 11:22:52AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Hi again
 > To: Dion Johnson <dionj@sco.com>
 > Date: Wed, 29 Apr 1998 11:22:52 +1000 (EST)

 > Hi again Dion! I hate to bother you, but could you check up with Bill Broderick
 > and see how many Ancient UNIX licenses are in the works? I've been receiving a
 > few murmurings from people here who've been waiting for several weeks. I'm
 > one of them: it's been over a month since SCO got their license fee.
 > 
 > On another note, we may have found some UNIX artwork done back in 1976, and
 > we might even be able to get permission to use it for CD covers etc. I'll
 > keep you posted.
 > 
 > Cheers & thanks,
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-ID: <19980429101330.45584@sco.com>
Date: Wed, 29 Apr 1998 10:13:30 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@henry.cs.adfa.oz.au
Subject: Re: $100 source license for Ancient Unix
References: <19980428101841.17210@sco.com> <3.0.1.32.19980429094317.009a4950@cwinet.colorworldmt.com>
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FYI...

On Wed, Apr 29, 1998 at 09:43:17AM -0600, Mike Burgard wrote:
 > Date: Wed, 29 Apr 1998 09:43:17 -0600
 > To: Dion Johnson <dionj@sco.com>
 > From: Mike Burgard <mikeb@colorworldmt.com>
 > Subject: Re: $100 source license for Ancient Unix

 > At 10:18 AM 4/28/98 -0700, you wrote:
 > >Mike,
 > >Warren Toomey wrote this little blurb about the $100 Ancient
 > >Unix Source License that we have made available.  He said it would
 > >be OK to publish in SCO World as long as you dont mind if it's
 > >also published elsewhere (specifically in the Australian Unix
 > >User Group publication).
 > >
 > >Looks interesting?
 > Thanks for info. We will put it in the queue and see if we can make it into
 > the magazine.
 > 
 > Michael J. Burgard
 > General Manager
 > Color World Printers
 > 
 > Editor-in-Chief
 > SCO WORLD Magazine





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 6 May 1998 15:33:07 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: license is here!
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Your license just arrived.  It gets the **** AU-0 ***** license
number.  I will send you this batch of licenses in a day or two
as soon as Mona gets the copies made.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 11 May 1998 10:41:19 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: license is here!
References: <19980506153307.25417@sco.com> <199805100759.RAA02045@henry.cs.adfa.oz.au>
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Tasmania!  Wow that sounds exotic.  I'm going to go look at my
atlas and see where it is.  I looked it up once years ago but
forgot.  Did you see a Tasmanian devil?

On another topic:

My mail services people are now telling me they need
to know your "postal code", which would be whatever is
equivalent to what we call a ZIP code.  

Maybe you dont have such things there.  Or maybe
the string "ACT. 2600" is your postal code?

This is how I have your address:

	Warren K. Toomey
	School of Computer Science, ADFA.
	Northcott drive, Canberra. ACT. 2600
	AUSTRALIA

	Work Phone (GMT +10):	+61 2 6268 8050

Sorry for this stupid question, but if you can help
me understand your address, I will incur the good graces
of our international mail dept.

Thanks!
-Dion
 
On Sun, May 10, 1998 at 05:59:03PM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: license is here!
 > To: Dion Johnson <dionj@sco.com>
 > Date: Sun, 10 May 1998 17:59:03 +1000 (EST)

 > In article by Dion Johnson:
 > > Your license just arrived.  It gets the **** AU-0 ***** license
 > > number.  I will send you this batch of licenses in a day or two
 > > as soon as Mona gets the copies made.
 > > -Dion
 > 
 > Thanks Dion, thanks Mona :-)
 > 
 > Back from Tasmania, had a lovely time.
 > Cheers,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Warren Toomey <wkt>
Message-Id: <199805112317.JAA03932@henry.cs.adfa.oz.au>
Subject: Re: license is here!
To: dionj@sco.COM (Dion Johnson)
Date: Tue, 12 May 1998 09:17:29 +1000 (EST)
Cc: wkt (Warren Toomey)
In-Reply-To: <19980511104119.30088@sco.com> from Dion Johnson at "May 11, 98 10:41:19 am"
Reply-To: wkt@cs.adfa.oz.au
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In article by Dion Johnson:
> Tasmania!  Wow that sounds exotic.  I'm going to go look at my
> atlas and see where it is.  I looked it up once years ago but
> forgot.  Did you see a Tasmanian devil?

Hi Dion. Tasmania is the large island state at the bottom of the Australian
mainland, and it's probably 200km across in most directions. Weather was
cool to warm: 10'C to 17'C. We stayed in the state's capital, Hobart, for
3 nights. First day we travelled south through rainforest & went through some
caves & visited a thermal pool. Second day we trvelled north-east along the
coastline, which is drier and windswept. The last day we went to Port Arthur,
which was a prison from 1830 to 1880. We had a great time.
 
> My mail services people are now telling me they need
> to know your "postal code", which would be whatever is
> equivalent to what we call a ZIP code.  

That's 2600. We call them postcodes. The bit before that is the state's
identifier, ACT.
 
> 	Warren K. Toomey
> 	School of Computer Science, ADFA.	[dept, institution]
> 	Northcott drive, Canberra. ACT. 2600	[street, city, state, zip code]
> 	AUSTRALIA				[country]
> 
> 	Work Phone (GMT +10):	+61 2 6268 8050

That all looks good, Dion. My fax number is +61 2 6268 8581. You're
free to fax me any new licenses if it would save SCO time & money.
 
> Sorry for this stupid question, but if you can help
> me understand your address, I will incur the good graces
> of our international mail dept.

I hope I've helped. Thanks again,

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 13 May 1998 11:19:13 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Cc: brianz@sco.COM, caroleh@sco.COM
Subject: Re: Stats
References: <199805130336.NAA05614@henry.cs.adfa.oz.au>
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Very interesting.
So far, 41 licenses signed here and sent to you.

I wonder if we could get a quotable quote from Dennis about
the goodness of this...  our PR folks would really be
tickled.  Should I ask him?

We are getting a  few complaints about the $100 fee.  We may
create a "scholarship" deal for students etc.  I will
keep you informed.
-Dion

On Wed, May 13, 1998 at 01:36:56PM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Hi Dion, I meant to pass on some stats in my last email to you, but I got
 > distracted by the holiday description. I don't know if the stats can be used
 > to mollify the powers that be :-)
 > 
 > 90 people subscribed to the PUPS mailing list. Between 1 and 3 new
 > 	subscribers a week.
 > 27 people with SCO Ancient UNIX licenses (more coming).
 > 30 people with access to the on-line PUPS Archive. Some people have
 > 	previous UNIX source licenses. Some people (e.g Dennis Ritchie)
 > 	just have a natural right :-)
 > 15 volunteers prepared to burn CDs, tapes or do other useful things.
 > 6 or so CDs written by the PUPS volunteers and distributed so far.
 > 520 Megs of stuff in the PUPS Archive. There's more, which can't be
 > 	distributed for various reasons, mainly copyright or licensing.
 > 
 > Cheers,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 15 Jun 1998 10:29:33 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: source code availability
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One of my friends here showed me your article in login.
Thanks for your kinds words.  Our legal folks have finally
begun to see it all with some humor.  The VP head of Legal
division wants to collaborate on a practical joke on
his staff wherein I will propose another new source
code license that will be totally outrageous... and see how
far it gets before they realize they've been had.

One thing you mentioned in the article stimulated my
memory of old days at IBM.  You said that "having full
source code to any OS was unheard of."  Interestingly,
in the old days, IBM used to provide full source
code to MVS (and other products) to customers.  This
was ca 1966-1970.  They distributed the source as
assembly listings of the OS build, on tape.  So you
could indeed have the source code to a (arguably)
useful OS.  I _think_ that this is how Amdahl and others
got the source code to create their rival versions of
IBM's systems.  

I also recall that around 1970, IBM changed the model, or
maybe realized that software was going to be a product,
not something that came for free with the hardware, and 
they stopped providing source and unbundled the OS from
the hardware.





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 15 Jun 1998 16:06:27 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: source code availability
References: <19980615102933.45892@sco.com> <199806152241.IAA13121@henry.cs.adfa.oz.au>
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On Tue, Jun 16, 1998 at 08:41:25AM +1000, Warren Toomey wrote:
 > In article by Dion Johnson:
 > > One of my friends here showed me your article in login.
 > > Thanks for your kinds words.  Our legal folks have finally
 > > begun to see it all with some humor.  The VP head of Legal
 > > division wants to collaborate on a practical joke on
 > > his staff wherein I will propose another new source
 > > code license that will be totally outrageous... and see how
 > > far it gets before they realize they've been had.
 > 
 > I can think of a few 8-)
 > 
 > 	+ Too much admin hassle for the $100 fee, just make the
 > 	  ancient UNIX licenses freely available.
 > 	+ Add SysV (any flavour) to the license.
 > 	+ Ask Microsoft if they would release the old versions of Xenix.
 >  
 > > One thing you mentioned in the article stimulated my
 > > memory of old days at IBM.  You said that "having full
 > > source code to any OS was unheard of."  Interestingly,
 > > in the old days, IBM used to provide full source
 > > code to MVS (and other products) to customers.  This
 > > was ca 1966-1970.  They distributed the source as
 > > assembly listings of the OS build, on tape.  So you
 > > could indeed have the source code to a (arguably)
 > > useful OS.  I _think_ that this is how Amdahl and others
 > > got the source code to create their rival versions of
 > > IBM's systems.  
 > 
 > Ah, I didn't know that. I assumed that companies didn't do this.
 > On the other hand, the code wasn't useful unless you were leasing
 > a machine from IBM, unless IBM were selling computers by that stage.

IBM was both selling and leasing back then.  The lease prices were
so high that it was about a tossup for customers to choose between
leasing for 3 years or purchase with 5-yr depreciation.  Of course,
the machines usually needed to be upgraded every 2-3 years.   I 
dont recall the exact accounting calculations involved, but I 
expect IBM made it just about equally painful either way.

This new groundswell of sentiment against Microsoft has much in
common with the industry feelings toward IBM back then.... the
difference being that in the 60s-70s, IBM really did provide
a price "umbrella" that kept a lot of other little companies
alive, whereas Microsoft is not so benevolent.





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 29 Jun 1998 09:07:54 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@henry.cs.adfa.oz.au
Subject: licenses 46-51
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I am sending you licenses AU-46 - AU-51 today.

I will probably have another bunch in a couple
weeks.  I will be away from 7/10-7/22, FYI.

Winter greetings.  Is it cold there this time
of year?  It's been the coolest June here in
years, maybe ever - due to the El Nino, apparently.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 30 Jun 1998 08:58:12 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: licenses 46-51
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On Tue, Jun 30, 1998 at 09:10:33AM +1000, Warren Toomey wrote:
 > > Winter greetings.  Is it cold there this time
 > > of year?  It's been the coolest June here in
 > > years, maybe ever - due to the El Nino, apparently.
 > 
 > We had a long, warm, dry autumn (i.e fall) right through May and into June,
 > which is very unusual. Definitely El Nino. However, the rains hit about
 > 3 weeks ago, and now we're getting the usual Canberra winter weather:
 > drizzle, frosts, fog until noon, and temperatures around 10'C, or 50'F.

The US Weather Service says the El Nino is now over. ;-)

Your winter weather sounds very pleasant, actually.  Not unlike here.

 > 
 > I see you guys have been getting some nasty tornados & stuff out in the
 > mid-west. Have a good holiday(?) over July!

Yes, my folks live in Oklahoma.  But fortunately in an area which does
not get tornados.  I've always been amazed at the midwesterners who
express concern about earthquakes in CA, since your average tornado
in the South kills/destroys more than several major earthquakes.

As for 4th July, I will spend the weekend packing and getting ready
to go to Japan where I will be 7/10-21.  Vacation, on concert tour
with my musician friend Junji Shirota (excellent Irish guitar and
banjo player).  You like Irish traditional music?





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 1 Jul 1998 09:48:24 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au, Michael Sokolov <msokolov@blackwidow.soml.cwru.edu>
Subject: Re: Proving the license
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I will pester the legal folks in NJ to see if they can locate anything.

On Wed, Jul 01, 1998 at 12:24:02PM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: Proving the license
 > To: Michael Sokolov <msokolov@blackwidow.soml.cwru.edu>
 > Date: Wed, 1 Jul 1998 12:24:02 +1000 (EST)
 > Cc: Dion Johnson <dionj@sco.com>
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > In article by Michael Sokolov:
 > >    Dear Warren,
 > >    My name is Michael Sokolov, and I'm from Case Western Reserve University
 > > (CWRU), that's in Cleveland, OH, USA. I have plans to do great and
 > > wonderful things with Ritchie/Thompson/Kernighan/Berkeley UNIX(R) for PDP-
 > > 11s and VAXen. (Things like making the Berkeley VAX version run on every
 > > VAX from 11/780 to 10000, just like VMS.) Obviously, we (CWRU) have a
 > > UNIX(R) source license for the entire campus. It's a real Bell Labs / AT&T
 > > / Western Electric one, not the SCO "ancient" thing. The tricky part is,
 > > how do I go about proving this so that I can get FTP access to the PUPS
 > > archive? Locating the original license agreement would be next to
 > > impossible, since the people who have made it are long gone and things have
 > > probably been reorganized, restructured, and moved at the University 2^32
 > > times since then. In fact, when I called the current guy in the department
 > > that has originally purchased the license, he didn't even know that we have
 > > it!
 > 
 > Michael, hmm, a difficult problem. If you can find _any_ paper copy of _any_
 > license (7th Ed, 32V, System III, System V), then that would be wonderful.
 > You would then be able to fax me the pages with signatures on it.
 > 
 > Alternatively, I guess we could ask SCO (who now own the source) to ask
 > their lawyers if they know the details of the old AT&T licenses, particularly
 > to verify if CWRU has a licence.
 > 
 > If worse comes to worse, you could buy a new license for US$100 from SCO,
 > and then you could get access.
 > 
 > I'm not so keen on giving access even if you can prove you've got the source.
 > However, you might be able to ask SCO to grant you some special consideration
 > in this case.
 > 
 > I'll cc this reply to Dion at SCO, who might be able to offer us some advice.
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 1 Jul 1998 10:50:35 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: licenses 46-51
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On Wed, Jul 01, 1998 at 09:25:22AM +1000, Warren Toomey wrote:
 > 
 > I played bass guitar in a blues band at Uni a long time ago. I also did a bit
 > of classical guitar once too.

I love classical guitar, always have.

 >Is Irish guitar a solo/duet instrument like
 > classical guitar, or played as part of an ensemble? So what instrument do

Irish music as I know it is usually 2-5 musicians, pretty lively tempo,
reels, jigs, etc. very perky music.  Junji plays at an Irish pub in
San Francisco every week, plus quite a few other gigs here and there.
We had a concert here in Santa Cruz, but attendance was poor due to
my bad job of promoting/advertising.

In Japan, he's pretty well known.  His band has made several CD's now.
He also plays in a couple of other bands from time to time, Bluegrass
and also Japanese Pop stuff. He's very versatile.  Interestingly, I also
have been written up in some of the fan magazines because I'm his
friend - been characterized as some kind of eccentric, old, mountain
hippie rich guy.  What a laugh.

 > you play?!

I play banjo, and guitar a little, but very badly.  Mostly, I am
just a "friend of the band".  They are very gracious about
letting me sit in, but I really need to practice more to feel OK
about it.  ;-) At least I help them with contract matters.
Applying my software legal skills to the music business is an
interesting excercise.

I like Japan a lot - the people are nice and the country seems to
be operating well - everything works.  When you go in to a
business, they take you seriously and are polite, not like many
American businesses.  I slightly, in my fantasies, have
considered seeking a nice Japanese woman for a wife, if I could
find one that would have me.  At least I have a hot tub (we call
it a spa in CA) - goes over pretty well with Japanese visitors at
my place.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: msokolov@blackwidow.SOML.CWRU.Edu (Michael Sokolov)
Message-Id: <9807020114.AA12804@blackwidow.SOML.CWRU.Edu>
To: dionj@sco.com
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   Dear Dion,
   
   You wrote:
> Case Western Reserve University has a source code license for UNIX System
> V Release 3.2 (E-SOFT-00160) executed Sept. 15, 1989.o
>
> I am getting a copy of this sent to me.
   
   GREAT! SVR3.2!!! Dion, sometimes I just don't know how to thank you
enough. Sometimes you can do miracles!
   
> Michael, pls let me know your postal address or fax # where I
> can send you a copy of this.
   
   I think it would be best to snail it to my office address below. We have
a fax machine, but its output is usually illegible. As soon as I get it,
I'll give copies to all interested parties at CWRU, including Herb
Hamilton, the current guy in the department that has purchased the original
license (I'm Cc'ing this to him). I would also appreciate it if you could
send another copy directly to Warren to speed up the process (I have all
hardware ready to go, just waiting for the software).
   
   Sincerely,
   Michael Sokolov
   Phone: 216-368-6888 (Office) 440-449-0299 (Home) 216-217-2579 (Cellular)
   ARPA Internet SMTP mail: msokolov@blackwidow.cwru.edu
   Snail mail (office):
Michael Sokolov, Olin 411
Computer Engineering and Science
Case Western Reserve University
10900 Euclid Avenue
Cleveland, OH  44106





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: msokolov@blackwidow.SOML.CWRU.Edu (Michael Sokolov)
Message-Id: <9807010458.AA12209@blackwidow.SOML.CWRU.Edu>
To: wkt@cs.adfa.oz.au
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   Dear Warren,
   
   You wrote:
> Michael, hmm, a difficult problem. If you can find _any_ paper copy of
> _any_ license (7th Ed, 32V, System III, System V), then that would be
> wonderful. You would then be able to fax me the pages with signatures on
> it.
   
   Well, I'm not giving up on this yet. The guy keeps saying that he is
asking around.
   
> Alternatively, I guess we could ask SCO (who now own the source) to ask
> their lawyers if they know the details of the old AT&T licenses,
> particularly to verify if CWRU has a licence.
   
   This is pretty much what I was considering as a backup plan if the guy
doesn't find anything.
   
> If worse comes to worse, you could buy a new license for US$100 from SCO,
> and then you could get access.
   
   I would have no problem with this if I were doing it for myself, but
this is really a University project, not a personal one. (That's what
allows me to use hardware officially donated to the University, house it in
the University's space, and feed its hungry 19" disk drives with the
University's power.) The University obviously can't justify buying a new
license just because they have misplaced the paperwork for the existing
one. Can I buy it personally? Well, I don't think the University would mind
accepting a donation from one of its employees, but I don't think the
license is even transferable in this way.
   
   Also consider that there is a high probability that our license covers
System V, and I would certainly love to be able to play legally with the
sources for, say, SunOS and Solaris (which we appear to have somewhere).
   
   [Hi, Dion! I know this is hard to believe, but I still haven't been able
to get the people at UC Berkeley to even send me a copy of the license they
require people to sign. They are un-cooperative beyond belief. Anyway,
Warren's group is already freely sharing 2.xBSD tapes among AT&T and SCO
licensees, and I see absolutely no reason for 4.xBSD to be different. I
guess what we need to do is to convince the people with copies of the
different 4.xBSD tapes (I know a few) to contribute them to the PUPS
archive. I'm certainly willing to contribute the 4.3BSD tapes I have
stumbled across a couple of weeks ago! If we get all 4.xBSD tapes in the
PUPS archive, UC Berkeley's a**holes will never collect another $2400
"distribution fee"!]
   
   Sincerely,
   Michael Sokolov
   Phone: 216-368-6888 (Office) 440-449-0299 (Home) 216-217-2579 (Cellular)
   ARPA Internet SMTP mail: msokolov@blackwidow.cwru.edu





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 2 Jul 1998 08:28:26 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Proving the license
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Well, of course we do.  But people work on what makes money
first, and they do the tidying up later (which of course
means never).  I have never seen the NJ archives but I
can imagine there are closets full of ancient stuff.

We inherited some thousands of contracts when we bought
the Unix stuff from Novell.  No one has ever gone through
them all...  

On Thu, Jul 02, 1998 at 09:24:45AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: Proving the license
 > To: Dion Johnson <dionj@sco.com>
 > Date: Thu, 2 Jul 1998 09:24:45 +1000 (EST)

 > In article by Dion Johnson:
 > > I will pester the legal folks in NJ to see if they can locate anything.
 > 
 > Thanks Dion. You guys really need a canonical list of old AT&T source
 > licenses.
 > 
 > Ciao,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 2 Jul 1998 14:23:26 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: licenses 46-51
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 > > Junji plays at an Irish pub in San Francisco every week, plus quite a
 > > few other gigs here and there.
 > > In Japan, he's pretty well known.  His band has made several CD's now.
 > > He also plays in a couple of other bands from time to time, Bluegrass
 > > and also Japanese Pop stuff. He's very versatile.  Interestingly, I also
 > > have been written up in some of the fan magazines because I'm his
 > > friend - been characterized as some kind of eccentric, old, mountain
 > > hippie rich guy.  What a laugh.
 > 
 > I love e-mail, it's so wonderful. I have no visual mind-image of you, so
 > I can't even start to work out how to put that description of you into
 > context.

You can see a pic of me at www.scruznet.net/~dionj
It's a pathetic web page so far, but I will be working on it.

 > > I like Japan a lot - the people are nice and the country seems to
 > > be operating well - everything works.  When you go in to a
 > > business, they take you seriously and are polite, not like many
 > > American businesses.  I slightly, in my fantasies, have
 > > considered seeking a nice Japanese woman for a wife, if I could
 > > find one that would have me.  At least I have a hot tub (we call
 > > it a spa in CA) - goes over pretty well with Japanese visitors at
 > > my place.
 > 
 > The asian downturn is hitting them pretty badly, and the social implications
 > are tougher as the men are the traditional breadwinners. We haven't copped
 > things so hard yet (although the Oz dollar dropped badly last week), but
 > the asian economies do influence our own. I haven't been to Japan yet, I
 > understand they smoke more [then Australians smoke].

They smoke a lot, and drink a lot too.  But you dont see too many people
who are overweight, as you do here.  Californians have become rabidly
anti-smoking, but it's much more tolerated on the East Coast.

 > We have spas here too, but I think the spa culture is different. Ours are
 > for private use by individuals, partners and families in the privacy of
 > their own home. From what I understand, CA spas are more communal.

My spa is outside, with a lovely view of the Glenwood valley.  No neighbors
anywhere near, so it's comfy.  I rarely use it with more than one
additional person. ;-)  But it can easily hold 4 people, or up to
8 if they are friendly.

In Japan, having your own hot tub is a bit of a luxury for many people.
The public communal tubs are usually segregated, although not all.
Also, I find the Japanese heat their tubs way hotter than I can stand!

 > Best of luck with the trip. Would you consider moving to Japan if you
 > found the love of your life there, or is it more a fantasy than a
 > possibility?!

I could easily imagine living/working in Japan for a year or two, but
I'd miss my home in CA after a while.  I've lived in my house for 30
years and it's full of toys, tools, memories, etc

In any case, I'd assume a Japanese wife would obediently want to go
to wherever I live.  Japanese women are wonderfully unliberated.
Not that I am a total chauvinist pig - I am not - but I do appreciate
cooperation.

In any case, it's not likely to happen.  But it is, as you suggest,
a fun fantasy.
-Dion





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 2 Jul 1998 15:09:02 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: licenses 46-51
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Yes, I saw your pic on the front of the ;login article.  

I am not really a religious zealot about MS.  I hate them
but not enough to let it spoil my fun.  The fact is, many of
the toys I want to play with are supported in Windows (my digital
camera, scanners, dye-sub printer, via voice.... the list goes
on and on.  I might get this stuff running under UNIX but it
would be a hassle.  Windows works tolerably well for me, doesnt
crash very much at all.  Also, many interesting softwares are
available on Windows that dont exist on UNIX.

My other machine, where I read Usenet, runs DOS!  (because the
old fashioned dial-up ASCII/TTY protocol is much smoother for
interactive use than trying to use TCP/IP for text).  

I have used OpenServer at home, and am thinking about installing
it again.  I also tried NT but too many of the Windows apps
dont work under NT, and again there is the issue of support
for lots of devices.  

On the other hand, it would be more kosher for me to have
a UNIX screen showing in my pic. ;-)  I will consider that.
-Dion

On Fri, Jul 03, 1998 at 07:58:07AM +1000, Warren Toomey wrote:
 > I'm at http://minnie.cs.adfa.oz.au/warren.html
 > 
 > I haven't told most people yet that I am too young to have ever played with
 > the PDP-11 versions of Unix. I was 13 when V7 came out :-)
 > 
 > I'm surprised you let yourself be photographed with a computer running
 > the Devil's operating system. I was expecting to see an X interface!
 > 
 > Ciao,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: msokolov@blackwidow.SOML.CWRU.Edu (Michael Sokolov)
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   Dear Dion,
   
   You wrote:
> Good news - I just got your license.
> I'm sending it by USPS.
   
   Thanks!
   
   Since Warren has CWRU in his database already, I guess there is no need
to send a paper copy to him any more. [Warren, please tell Dion if this is
wrong.]
   
   Sincerely,
   Michael Sokolov
   Phone: 216-368-6888 (Office) 440-449-0299 (Home) 216-217-2579 (Cellular)
   ARPA Internet SMTP mail: msokolov@blackwidow.cwru.edu





From mairix@mairix Mon Jan  1 12:34:56 1970
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Message-Id: <199807020125.LAA03475@henry.cs.adfa.oz.au>
Subject: Re: CWRU Unix source license from ATT/Bell/USL days
To: msokolov@blackwidow.SOML.CWRU.Edu (Michael Sokolov)
Date: Thu, 2 Jul 1998 11:25:42 +1000 (EST)
Cc: dionj@sco.com, hbh@hal.epbi.cwru.edu, wkt@cs.adfa.oz.au
In-Reply-To: <9807020114.AA12804@blackwidow.SOML.CWRU.Edu> from Michael Sokolov at "Jul 1, 98 09:14:08 pm"
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In article by Michael Sokolov:
>    Dear Dion,
>    
>    You wrote:
> > Case Western Reserve University has a source code license for UNIX System
> > V Release 3.2 (E-SOFT-00160) executed Sept. 15, 1989.
> > I am getting a copy of this sent to me.
>    
>    GREAT! SVR3.2!!! Dion, sometimes I just don't know how to thank you
> enough. Sometimes you can do miracles!

Dion, Michael, on the basis of this e-mail, I'm prepared to grant Michael
password protected ftp access to the PUPS Archive. Dion, let me know if
there's a problem. Michael, do you have a PGP key, so I can mail you the
access details in a reasonably secure manner. I can't accept the key via
e-mail (too easy to forge), but if it is up on a web server or PGP key
server, that would be great.

Thanks,
	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 6 Jul 1998 10:57:45 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: Got licenses to AU-51
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I'm not sure if NJ will be sending me a batch of licenses
this week.  If they do, I will send it along.  

Yes, we spend a lot on DHL but it seems to be the only
reliable way to send stuff to many countries.  

On Mon, Jul 06, 1998 at 02:01:14PM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Got licenses to AU-51
 > To: Dion Johnson <dionj@sco.com>
 > Date: Mon, 6 Jul 1998 14:01:14 +1000 (EST)

 > Thanks again. Could you ship a copy of Michael Sokolov's old AT&T license
 > in the next batch, just so I've got it on record. You guys must spend a
 > fortune on DHL shipping!
 > 
 > Ciao,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 23 Jul 1998 11:31:19 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: CWRU license
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I had a good time, but was more tired than I expected.
Lotsa running around.  Maybe I will write up a trip report,
so many people are asking. 

On Tue, Jul 21, 1998 at 09:18:17AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: CWRU license
 > To: Dion Johnson <dionj@sco.com>
 > Date: Tue, 21 Jul 1998 09:18:17 +1000 (EST)

 > Hi Dion, got the Case Western Uni license, thanks. How's the Japan tour?
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 20 Aug 1998 08:23:50 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: AU-52 to 65!
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I bet fairly soon.

I met Peter Salus at SCO Forum this week.  What a nice guy.
He was most gracious and is talking about doing a book on
SCO's 20th Anniv which is coming up.  We mentioned the
ancient Unix source license and talked about your work
with PUPS, etc.  

We've joined Linux International.  I guess I may be
SCO's representative, at least initially.

On Wed, Aug 19, 1998 at 11:49:59AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: AU-52 to 65!
 > To: Dion Johnson <dionj@sco.com>
 > Date: Wed, 19 Aug 1998 11:49:59 +1000 (EST)

 > Got em, Dion! Many thanks again. Wonder if/when we'll hit 100.
 > 
 > Ciao,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 20 Aug 1998 17:02:27 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: status of 86open
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Here is the blurb that I published to the 86open dev group.
We just announced at SCO forum that we will indeed support
Linux application compatibility in UnixWare.  No time fram
announced.  ALso, we will begin to support selected open-source
tools (e.g. gcc and related tools).
-Dion

Bulletin on status of 86open at SCO
-----------------------------------
As we see it, the 86open activity is a research project,
conceived in a single meeting and with some ensuing email
discussions.  It is not a _product_ plan; it is a technical
feasibility exploration.  It does not necessarily have an end,
and it may yet happen.

There are other ways of obtaining interoperability of binaries,
as we also discussed at the original meeting.  When we first
discussed it, we acknowledged that emulation was one way that was
known to work.  As we understood it, there was a consensus that
we already have emulation that works.  This is not interesting.
The interesting idea that Linus put forth was a research proposal
for a universal, reference C library with a minimal set of
functions that everyone could build; certainly not guaranteed to
work, and we did not know if it was feasible.  But it _was_
interesting to the audience, so we - the whole group - decided to
spend a little time on it.

As time went by, the engineers at SCO who chose to work on this
found it was harder than expected and we had to admit we either
(1) needed help, or (2) would stop spending time on it.  Partly
due to other pressing issues, #2 happened first.  There still may
be work done on the idea of a portable, minimal reference libc
port, but it's not moving forward at SCO right now.

Also, and partly as result of the 86open discussions and
activities, SCO has come to believe that we really need to be
able to run Linux binaries in the near future.  Knowing that the
emulation scheme works to around 90% success, maybe better, we
are now choosing to invest in making that scheme work.

Some of our engineers may yet return to the original libc
project, or they may not.  They are volunteers and make their own
choices, but SCO is not going to put company time/money into that
project at this time, except to the extent that we are happy to
provide SCO software to anyone who wants to experiment.

In the coming months, SCO will be improving the capabilities of
the lxrun emulator. 

-Dion L. Johnson II
SCO

On Fri, Aug 21, 1998 at 07:55:16AM +1000, Warren Toomey wrote:
 > 
 > What happened to that i386 Unix binary standardisation group/forum/thingy
 > that was announced last year? I think I saw that you were on it.
 > 
 > Cheers again!
 > 
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Sat, 22 Aug 1998 08:56:53 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: status of 86open
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On Fri, Aug 21, 1998 at 11:16:33AM +1000, Warren Toomey wrote:
 > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
 > Subject: Re: status of 86open
 > To: Dion Johnson <dionj@sco.com>
 > Date: Fri, 21 Aug 1998 11:16:33 +1000 (EST)
 > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

 > In article by Dion Johnson:
 > > Here is the blurb that I published to the 86open dev group.
 > > We just announced at SCO forum that we will indeed support
 > > Linux application compatibility in UnixWare.  No time fram
 > > announced.  ALso, we will begin to support selected open-source
 > > tools (e.g. gcc and related tools).
 > > -Dion
 > 
 > I'd have to say about time on the GNU/open source tools. In the
 > sense that you should provide the GNU people with patches to get
 > the tools working, not dial-up support to SCO users.

We've been porting GNU stuff for several years.  It's released on
our "Skunkware" CD.  Of course, the guys who do the ports reflect
porting info/patches back to the authors.  Robert Lipe (EGCS) is
one of our best contributors.

 > 
 > On the 86open front, I guess I'd like a standard that wasn't vendor-specific.
 > I'd like Linux to `bend' a little to meet the standard, just as all the
 > other vendors like FreeBSD and SCO would have to, as well.

Any standard we pick will have some vendor origin.  We (all of us) seem
to be heading toward a scheme where the kernel will recognize the
binaries and do appropriate emulation for each type.

 > 
 > Thanks for the blurb, though. I'm glad it hasn't died out yet.

Lots of activity around Linux right now.  We have a bunch of Linux
people wanting to meet with SCO and see how we can work together.
It's a delicate situation since Linux is indeed a competitor to
us, but also we are all Unix and need to stand united. More
will be revealed. ;-)
-Dion
 > 
 > Cheers,
 > 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Fri, 25 Sep 1998 07:44:15 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: AU-76
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Thanks Warren.
More licenses coming in a few days.

Santa Cruz is on the coast, about 400 miles North of the LA
area.  It's an easy plane ride from Burbank to San Jose,
then about 45 mins by car from San Jose to here.   There 
isnt really much to see here (except the Aquarium in Monterey
is pretty nice, and of course San Francisco (60 miles North)
has many attractions.

On Fri, Sep 25, 1998 at 11:19:26AM +1000, Warren Toomey wrote:
> Dion, got AU-74 to -76, thanks. Where in the US are you? I might be over there
> in January, and will be trying to at least get to Burbank, CA to catch up with
> Steven Schultz. If you're relatively close, I might try to pop in & see you
> too.
> 
> Cheers,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 7 Oct 1998 13:33:59 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: AU-77 to AU-82
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I have a few more coming to you soon.

Ordinarily, Sept-Oct are very nice months here, but last month we
have had very cold, very hot, rain, and inbetween... all in the
last month.   Today it's pleasant about 23 Centigrade.  Typically,
the temp at the coast stays nicest, with more heat/cold as you
move inland.  Here at SCO, we are about 1 mile from the ocean,
so it's usually quite nice.  Where I live, just 10 miles inland,
it can easily be 10 Deg.F. cooler or hotter.  My place is in
redwood forest, at 1150 ft. altitude. in the Santa Cruz Mtns.

This "El Nino" thing was quite a strange year.  We had people
catching Mahi Mahi around here, and other tropical fish. 
The ocean got 10 Deg.F warmer than usual (up to 65 F.) so
it was warm enough to swim with no wetsuit!  Now we are
said to be in a "La Nina" which will also bring strange
weather.  I just signed up with a contractor to put a new
roof on my house.  Hope he gets on it before it starts
raining too much...
-Dion

On Wed, Oct 07, 1998 at 01:54:32PM +1000, Warren Toomey wrote:
> Hi Dion, I've just received AU-77 to AU-82. We should reach AU-100 sometime
> next year! Hope things are well over there, it must be getting cooler. It's
> early spring here, but we had a +10'C above normal day last week, that's
> a +18'F day. Lovely!
> 
> Cheers,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 7 Oct 1998 16:16:51 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Re: AU-77 to AU-82
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On Thu, Oct 08, 1998 at 09:09:47AM +1000, Warren Toomey wrote:
> 
> Good luck with the roof. We just had a long weekend, and my partner & I
> went off to a wedding, and then on to do a bit of touring around the state
> of NSW. Round trip was about 1200 km, just over 800mi. Towns in country NSW
> are typically separated by 60km distance. Are the desert areas in the US
> much the same?
> 	Warren

Wow, sounds great.  Do you ever get to the opal mining areas?

Yes there are many parts of USA where population is very thin.  The high
desert areas of Nevada, Utah are good examples.  You see it very clearly
from the air... miles and miles of rocky badlands.  There are also
some areas in Arizone, New Mexico, and Montana that are similar.

Even better examples in Canada, but it's not desert, although the
Arctic and Subarctic Tundra is like a desert in some ways.





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion Johnson <dionj@sco.COM>
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On Mon, Oct 26, 1998 at 11:50:14AM +1100, Warren Toomey wrote:
> Hi Dion, SCO licenses AU-83 to -87 have arrived. End of 2nd semester Uni here
> so I'm more relaxed! How's things over there?
> 
> 	Warren

Things are quiet for me.  Just got back from vacation in Oklahoma to
visit my folks.  Had a nice time.  My dad's 87 but still pretty active.
We went shooting (clay pigeons, and pheasants) a couple times.

I'm still trying to understand SCO's new deal with IBM, this "Monterey"
project... new 64-bit OS for AIX and UnixWare.  Looks like a major
good deal for SCO.  

Our weather has been cool and pleasant. Winter rains not really started
up yet.  





From mairix@mairix Mon Jan  1 12:34:56 1970
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To: wkt@cs.adfa.oz.au, Dion Johnson <dionj@sco.COM>
From: David Eyes <davidey@sco.COM>
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Warren:

Just saying howdy and echoing your wish for Dion to stay actively in the
loop.  He's dripping with all kinds of info about the arcana of such Unix
historicalisms such as you describe that I think we would be somewhat lost
without him.  As far as the 'ancient Unix source code' side of things goes,
I think my primary role (to date) any way as the 'free guy' has been to
relieve Dion of some of the tedium of processing the licenses.

Thanks for your good wishes.


At 10:21 AM 11/24/98 +1100, Warren Toomey wrote:
>In article by Dion Johnson:
>> I dont think I know what is the Net/2 tape from UCB. ;-)
>
>Ok. Back in the 80's when UCB was doing the TCP/IP software for BSD,
>they released a tape called net/1 which only had the modifications to the
>kernel for the TCP/IP stuff, plus the user-level network applications.
>They gave it away to anybody, no src license was required.
>
>Around 1991, they again released a tape. This time it was called the
>net/2 tape. This time, it contained complete (or partial) files
>from /usr/src/sys (i.e the BSD kernel).
>
>At the end of the USL vs UCB dispute, UCB agreed to stop distributing
>the Net/2 tape because it was `contaminated', and they were then
>permitted to distribute 4.4-BSD-Lite.
>
>Anyway, that's the situation. I could knock up a more detailed review of
>the situation over the next few days for you.
>
>> Finally, let me introduce you to my friend David Eyes.
>> David is taking over the management and marketing of
>> SCO's "free stuff".   I will continue to help him
>> as emeritus former manager, for a while.
>> -Dion
>
>Ah, don't go Dion, you've been so helpful! I'm sure David will do a fine
>job too. Have you filled David in on the PUPS group and our archive?
>David, I'm part of a group of people trying to preserve the history of
>UNIX. Give me a yell if I can help explain what we're doing.
>
>Thanks to you both,
>
>	Warren
>
--

David Eyes

Marketing Manager
Free Unix and Open Source Software

831-427-7532 (voice)
831-427-5472 (fax)






From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Cc: David Eyes <davidey@sco.COM>, tisam@sco.COM
Subject: Re: Q. Status of Net/2?
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I dont think I know what is the Net/2 tape from UCB. ;-)
If it's that "BSD Unix that requires an AT&T source
license" then all I know is what I learned indirectly
from our friend Sokolov at CWRU.  (You recall that
thread?)

You say that UCB "agreed" to stop distributing that
tape.  Agreed with whom?    Who asked them to stop?

Who is saying that there is no source license
needed?  Do they really know this, or is it just
wishful thinking?

SCO doesnt like to sue people and we rarely do it.
We do it when there are significant revenues to
be gained or lost.    

Like I said, we'd need to know what's on this net/2 tape
in order to discuss much further.

Finally, let me introduce you to my friend David Eyes.
David is taking over the management and marketing of
SCO's "free stuff".   I will continue to help him
as emeritus former manager, for a while.
-Dion

Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
Manager of Developer Architecture and Technical customers'advocate.
400 Encinal St.  Santa Cruz, CA 95061    FAX: 831-427-5417  Voice: 831-427-7565

On Tue, Nov 24, 1998 at 09:28:10AM +1100, Warren Toomey wrote:
> Hi Dion,
> 
> 	I've got a nasty political/legal question for you. What is SCO's
> present stance on the Net/2 tape from UCB? I know that UCB agreed to stop
> distributing the tape. Would this agreement stop 3rd parties from distributing
> the tape? And it someone did distribute the Net/2 tape, would SCO be even
> remotely likely to sue them?!
> 
> I've been offered a copy to add to the growing collection of old UNIX
> stuff here in the PUPS Archive, and some people are saying that a source
> license isn't required for the Net/2 tape. I just want to cover my butt.
> 
> Many thanks in advance for an answer! Hope you're well over there.
> Catch you 'round,
> 
> 	Warren
> 
> 





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Cc: davidey@sco.COM
Subject: Re: Q. Status of Net/2?
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OK, based on this info, I'd conjecture that the Net/2 tape does
indeed contain some Unix kernel code that is System V.  This
would not be covered by the Ancient Unix Source License, and I am
pretty sure we'd not want to freely license whatever system V
stuff in Net/2 we might have rights to.

IOW I think you better not make copies of Net/2. ;-) 
-Dion


On Tue, Nov 24, 1998 at 10:21:51AM +1100, Warren Toomey wrote:
> In article by Dion Johnson:
> > I dont think I know what is the Net/2 tape from UCB. ;-)
> 
> Ok. Back in the 80's when UCB was doing the TCP/IP software for BSD,
> they released a tape called net/1 which only had the modifications to the
> kernel for the TCP/IP stuff, plus the user-level network applications.
> They gave it away to anybody, no src license was required.
> 
> Around 1991, they again released a tape. This time it was called the
> net/2 tape. This time, it contained complete (or partial) files
> from /usr/src/sys (i.e the BSD kernel).
> 
> At the end of the USL vs UCB dispute, UCB agreed to stop distributing
> the Net/2 tape because it was `contaminated', and they were then
> permitted to distribute 4.4-BSD-Lite.
> 
> Anyway, that's the situation. I could knock up a more detailed review of
> the situation over the next few days for you.
> 
> > Finally, let me introduce you to my friend David Eyes.
> > David is taking over the management and marketing of
> > SCO's "free stuff".   I will continue to help him
> > as emeritus former manager, for a while.
> > -Dion
> 
> Ah, don't go Dion, you've been so helpful! I'm sure David will do a fine
> job too. Have you filled David in on the PUPS group and our archive?
> David, I'm part of a group of people trying to preserve the history of
> UNIX. Give me a yell if I can help explain what we're doing.
> 
> Thanks to you both,
> 
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Warren Toomey <wkt>
Message-Id: <199811232228.JAA03356@henry.cs.adfa.oz.au>
Subject: Q. Status of Net/2?
To: dionj@sco.com (Dion Johnson)
Date: Tue, 24 Nov 1998 09:28:10 +1100 (EST)
Cc: wkt (Warren Toomey)
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Hi Dion,

	I've got a nasty political/legal question for you. What is SCO's
present stance on the Net/2 tape from UCB? I know that UCB agreed to stop
distributing the tape. Would this agreement stop 3rd parties from distributing
the tape? And it someone did distribute the Net/2 tape, would SCO be even
remotely likely to sue them?!

I've been offered a copy to add to the growing collection of old UNIX
stuff here in the PUPS Archive, and some people are saying that a source
license isn't required for the Net/2 tape. I just want to cover my butt.

Many thanks in advance for an answer! Hope you're well over there.
Catch you 'round,

	Warren






From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Fri, 18 Dec 1998 20:22:22 -0800
From: Dion Johnson <dionj@sco.COM>
To: David Wood <davidw@sco.COM>
Cc: wkt@henry.cs.adfa.oz.au
Subject: Dave to OZ!
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Yow!  What fun. Good on you, Dave!
I have no idea what are your plans/desires, but if
you want to visit a very interesting, slightly famous
Unix geek who might be a good connection down there...
he's Warren Toomey. Certified Nice Guy and Friend of SCO,
and he knows the territory.  Ask to see his PDP-11! 

 Warren Toomey <wkt@henry.cs.adfa.oz.au>
	Warren Toomey
	School of Computer Science, ADFA.
	Northcott drive, Canberra. ACT. 2600
	AUSTRALIA

	Work Phone (GMT +10):	+61 2 6268 8050
 

On Fri, Dec 18, 1998 at 03:55:04PM -0800, David Wood wrote:
> 
> I wanted to say goodbye for a while as I am going on personal leave.
> First stop is Australia for a few months starting in January
> 
> My last day is Monday December 21st.
> 
> See you later.
> 
> Dave Wood (davidw)
> 





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
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On Wed, Jan 06, 1999 at 04:03:42PM +1100, Warren Toomey wrote:
> In article by Dion Johnson:
> > On Fri, Dec 18, 1998 at 03:55:04PM -0800, David Wood wrote:
> > > I wanted to say goodbye for a while as I am going on personal leave.
> > Yow!  What fun. Good on you, Dave!
> > I have no idea what are your plans/desires, but if
> > you want to visit a very interesting, slightly famous
> > Unix geek who might be a good connection down there...
> > he's Warren Toomey.
> 
> Hi Dion, hope you had a good Xmas/New Years break. I haven't heard from
> Dave yet. I also received AUs up to AU-119 just a few days ago.

He may not have time to drop by.  I have no idea what his plans are.

> 
> Damn hot here, predicted 37'C here (just under 100'F) today.

Whoa!  Sounds like Oklahoma in the summer.

> Catch you again soon,

My new year is starting off well.   I'm taking some vacation
in Arizona in a couple weeks to attend the national trapshooting
finals  (mostly it means to socialize with my folks and various
other family friends).  It should be nice down there in Tucson
in the high desert.

I just got some new Pirellis on the Allante and it would be a 
fun drive, but probably 1.5 days each way - just a bit much.

I hope your new year is off to a good start.   Are you one of
the believers that we are already in the new millenium (since
the first year was zero)?





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 21 Jan 1999 10:05:40 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Subject: Change of PUPS site
References: <19981123163801.54878@sco.com> <199811240048.LAA03797@henry.cs.adfa.oz.au>
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Warren, could you pls resend that notice you sent me the
other day, about the PUPS site changing?  I bounced it and
forgot to save a copy.  Thx.





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 3 Feb 1999 11:31:20 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.oz.au
Cc: David Eyes <davidey@sco.COM>
Subject: Sonoma State license question
References: <19981123163801.54878@sco.com> <199811240048.LAA03797@henry.cs.adfa.oz.au>
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We have old records that go back as far as late 1970s.  Our legal
folks in New Jersey scanned the lists and we find no entries for Sonoma
State.

Andru is most welcome to obtain the "Ancient Unix Source License" that
we offer for a nominal fee.    Check at www.sco.com/offers.
(I seem to have misplaced his email - please forward as you see fit.)

Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
Developer Tools and Technical customers'advocate.
400 Encinal St.  Santa Cruz, CA 95061    FAX: 831-427-5417  Voice: 831-427-7565

> >On Wed, Feb 03, 1999 at 11:23:51AM +1100, Warren Toomey wrote:
> >> In article by Andru Luvisi:
> >> > My university once had PDP-11s and, later, AT&T unix machines, and has had
> >> > a cs department long enough that it may have a source license... alas, no
> >> > one I have been able to talk to so far remembers.
> >> > 
> >> > Do you know of anyone at SCO or AT&T I could contact to find out if we
> >> > have a license?  Would you be able to find out?
> >> > 
> >> > Andru Luvisi
> >> > Library Systems Department
> >> > Sonoma State University
> >> 
> >> Hi Andru.
> >> 
> >> Apparently there is no easy way to find out is Sonoma State University
> >> has a UNIX source license, unless they have kept a paper copy of the
> >> license. I will ask my contact at SCO if there is any procedure to follow
> >> which could help track down your university's license, but I expect that
> >> there is none.
> >> 
> >> Sorry,
> >> 	Warren
> >
> >
> 





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Mon, 15 Mar 1999 12:45:46 -0800
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.edu.au
Subject: Re: Legal Question
References: <199903150952.UAA09007@henry.cs.adfa.edu.au>
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On Mon, Mar 15, 1999 at 08:52:18PM +1100, Warren Toomey wrote:
> Hi Dion,
> 	How's things going? I have a tricky legal question, and I don't
> know if you/SCO are allowed to answer it, but anyway....

I will try, but I need more info.  See below.

> 
> As you know, a lot of software released by UCB in their BSDs in the 80s and
> 90s was code contributed from elsewhere. Obviously (to us), some of this
> code was derived from AT&T/USL code, and other things (like the TCP/IP code,
> the virtual memory, the fast file system, and applications like Sendmail)
> were not derived from AT&T/USL code at all.
> 
> Now, I have a couple of contributors to 2.xBSD and 4.xBSD who are annoyed
> because they are unsure of the legal status of their code. They believe
> that one of the terms of the UCB/USL agreement is that _all_ BSD releases
> prior to 4.4-Lite are _wholly_ tainted, and so their own code is now tainted.

Who has advised them that this tainting exists?

Do they see ATT or USL copyrights in any of the sources they are
distributing?  If so, please send me a list of the modules in which
such copyrights appear, and a few of the sample  headers that show
date/time/copyright/etc

> Is there any way that SCO can clear up this legal ambiguity?

I will see what I can find out.  It's been a long time since I've
annoyed our legal staff and I am sure they are wondering if I'm OK.

> What I am asking for is: can these people publicaly release the old
> versions of their software (which happened to be bundled in the BSDs)
> without being sued?

I would say they are quite safe, but that's just my opinion, not an official
SCO "permission".

> 
> I know that the details of the UCB/USL agreement are confidential, but
> this these contributors.

Garbled transmission above.

> 
> If you can help in any way, I'd certainly appreciate it!

See what you can find out from your colleagues, these developers.
-Dion

> 
> Many thanks again,
> 
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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	(envelope-from wkt)
From: Warren Toomey <wkt>
Message-Id: <199903150952.UAA09007@henry.cs.adfa.edu.au>
Subject: Legal Question
To: dionj@sco.com (Dion Johnson)
Date: Mon, 15 Mar 1999 20:52:18 +1100 (EST)
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Hi Dion,
	How's things going? I have a tricky legal question, and I don't
know if you/SCO are allowed to answer it, but anyway....

As you know, a lot of software released by UCB in their BSDs in the 80s and
90s was code contributed from elsewhere. Obviously (to us), some of this
code was derived from AT&T/USL code, and other things (like the TCP/IP code,
the virtual memory, the fast file system, and applications like Sendmail)
were not derived from AT&T/USL code at all.

Now, I have a couple of contributors to 2.xBSD and 4.xBSD who are annoyed
because they are unsure of the legal status of their code. They believe
that one of the terms of the UCB/USL agreement is that _all_ BSD releases
prior to 4.4-Lite are _wholly_ tainted, and so their own code is now tainted.
 
Is there any way that SCO can clear up this legal ambiguity?

What I am asking for is: can these people publicaly release the old
versions of their software (which happened to be bundled in the BSDs)
without being sued?

I know that the details of the UCB/USL agreement are confidential, but
this these contributors.

If you can help in any way, I'd certainly appreciate it!

Many thanks again,

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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	(envelope-from wkt)
From: Warren Toomey <wkt>
Message-Id: <199903152207.JAA10127@henry.cs.adfa.edu.au>
Subject: Re: Legal Question
In-Reply-To: <19990315124546.06257@sco.com> from Dion Johnson at "Mar 15, 1999 12:45:46 pm"
To: dionj@sco.COM (Dion Johnson)
Date: Tue, 16 Mar 1999 09:07:32 +1100 (EST)
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In article by Dion Johnson:
> > 	How's things going? I have a tricky legal question, and I don't
> > know if you/SCO are allowed to answer it, but anyway....
> I will try, but I need more info.  See below.

The trickiness in this problem is because some of it can't be revealed.
Here's the story:

	UCB brought out the 2nd Networking release (aka Net2) in 1991.
	This was similar to a normal BSD release (i.e lots of applications,
	libraries, and kernel code), but UCB believed that they had only
	released the files not contaminated by AT&T code.

	In 1992, USL files suit against UCB, alleging that parts of Net2
	affected their intellectual property rights, and trade secrets.

	In 1994, the suit was dismissed in an out of court agreement between
	the two parties. Here is (part of) what was publically released:


        	The settlement restricts further use and distri-
	    bution of certain files in the Second Networking Release and
	    requires that certain files in 4.4 BSD-Lite include a USL
	    copyright notice.  In addition to providing several
	    enhancements, the new 4.4 BSD-Lite Release will replace most
	    of the restricted files and incorporates all the agreed-upon
	    modifications and notices.  Thus, 4.4 BSD-Lite will not
	    require a license from nor payment of royalties to USL.  The
	    University strongly recommends that 4.4 BSD-Lite be substi-
	    tuted for Net2.

        	Although it has denied the University's claims,
	    USL has also agreed to affix the University's copyright
	    notice to certain files distributed with future releases of
	    the UNIX system and to give credit to the University for
	    material derived from BSD releases which have been included
	    in the UNIX system.

Now things get thicker. It is known that both parties signed non-disclosure
on the actual agreement. This means that the actual list of `restricted'
Net2 files cannot be released by either party.

The effect that this has is to prevent anything in Net2: applications,
libraries, contributed programs, from being publically released, in case
it contains one of more of the `restricted' Net2 files. Because the list
of restricted files is unknown, we can't take the risk of using anything
in Net2.

> > Now, I have a couple of contributors to 2.xBSD and 4.xBSD who are annoyed
> > because they are unsure of the legal status of their code. They believe
> > that one of the terms of the UCB/USL agreement is that _all_ BSD releases
>> prior to 4.4-Lite are _wholly_ tainted, and so their own code is now tainted.

The theory goes like this:
	+ One of my files/programs was released as part of Net2
	+ I cannot prove that it is free of AT&T code, because I don't
	  have the list of tainted files.
	+ All prior and subsequent releases of my files/programs are
	  thus tarred with the same uncertainty

> Do they see ATT or USL copyrights in any of the sources they are
> distributing?  If so, please send me a list of the modules in which
> such copyrights appear, and a few of the sample  headers that show
> date/time/copyright/etc

The problem is that none of the Net2 files had AT&T/USL copyright notices
on them: UCB thought that they were taint-free. However, the agreement
marks some of these files as tainted. We just don't know which.

> > What I am asking for is: can these people publicaly release the old
> > versions of their software (which happened to be bundled in the BSDs)
> > without being sued?
> I would say they are quite safe, but that's just my opinion, not an official
> SCO "permission".

> See what you can find out from your colleagues, these developers.
> -Dion

The developers are just concerned: they don't know where they stand wrt
their code.  I've had some email back from Keith Bostic (from UCB), which
is attached.

Thanks again,
	Warren

> Now, I have a couple of contributors to 2.xBSD and 4.xBSD who are annoyed
> because they are unsure of the legal status of their code. They believe
> that one of the terms of the UCB/USL agreement is that _all_ BSD releases
> prior to 4.4-Lite are _wholly_ tainted, and so their own code is now tainted.

This isn't the case.

First, because Berkeley did not require contribution of copyright, any
software contributor retained all rights in their code that they had
before the contribution.  So, any contributor can do anything they want
with the code they contributed.  It would be impossible for any agreement
between AT&T and UC Berkeley to affect rights held by the original authors
in their original work.

That said, after the code was contributed, Berkeley could have mixed
proprietary code with the contributed code, in which case the files as
released by Berkeley could be tainted.  (It's pretty unlikely, but it's
possible.)

Reviewing the copyright of the file as released by Berkeley should resolve
that question.  If the copyright, as released by Berkeley, is clean, then
the file is clean.  There are a very, very few exceptions -- the 9 files
or so that Berkeley removed from the 4.4BSD-Lite, described in the letter
that Berkeley sent out subsequent to the AT&T settlement -- other than
for those files in that particular release, the copyright should settle
the question as to whether the BSD release of the file was tainted.

> What I am asking for is: can these people publicaly release the old
> versions of their software (which happened to be bundled in the BSDs)
> without being sued? I am assuming that they can prove their code is
> untainted.

There are two forms of this question:

        1: Can I release foo.c, which I gave a copy of to Berkeley
           for inclusion in the BSD releases?

        2: Can I release foo.c, as found in a Berkeley release?

The answer to #1 is that the author's rights to the software are entirely
unaffected by whether or not the author contributed a copy to Berkeley
for inclusion in 4BSD.  If the software was "free" before contribution,
it's free after contribution, if it was "tainted" before contribution,
it's tainted after contribution.

The answer to #2 is as described above -- look at the copyright notice in
the BSD release, make sure it's not one of the 9 files from that single
release, and then make the decision.

--keith





From mairix@mairix Mon Jan  1 12:34:56 1970
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	for <wkt@henry.cs.adfa.edu.au>; Wed, 19 May 1999 01:39:56 +1000 (EST)
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Message-ID: <19990518082909.47946@sco.com>
Date: Tue, 18 May 1999 08:29:09 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.edu.au
Subject: Re: More AU Licenses
References: <199905180215.MAA03069@henry.cs.adfa.edu.au>
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I asked Mona (our admin) and Davidey about it.
I dont know where they are or what is their system.

Things are fair to middlin'.  SCO is floundering along as usual
and I'm tired of throwing away my life working when there is no
chance to either succeed or fail.  I think I need a new job,
but the commute to Silicon Valley is murderous.  

Must be Spring Fever!  I wanna go camping, take a few days off,
take some photos, work on my truck, dig in the garden, go visit
my friends in SF, etc etc etc.  Growr! ;-)

I hope things are good with you.  I guess it's wintery there now
eh?  Does it get cold in your part of Oz?
-Dion


On Tue, May 18, 1999 at 12:15:14PM +1000, Warren Toomey wrote:
> Hi Dion,
> 	Just got the latest batch of AU licenses, AU-147 to AU-150, but
> I'm missing AU-145 and AU-146. Could you DHL, or fax them perhaps? My
> fax is +61 2 6268 8581.
> 
> Hope things are going well there.
> 
> Ciao,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 26 May 1999 09:37:10 -0700
From: Dion Johnson <dionj@sco.COM>
To: franco.tassone@rgn.it
Cc: wkt@cs.adfa.edu.au, infomail@sco.COM
Subject: Payment system for Ancient Unix license
References: <199905252351.JAA05368@henry.cs.adfa.edu.au>
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Franco,
The only payment method we have available for the Ancient Unix
License is to send some kind of bank check (cashier's check),
International money order, or send credit card details.

There is no online secure payment system for this product.

Thanks for your interest,
-Dion
Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
Developer Tools and Technical Customers' Advocate.
400 Encinal St.  Santa Cruz, CA 95061    FAX: 831-427-5417  Voice: 831-427-7565

On Wed, May 26, 1999 at 09:51:57AM +1000, Warren Toomey wrote:
> Dion, can you help this guy out?
> Ta,
> 	Warren
> ----- Forwarded message from Franco Tassone -----
>  From: Franco Tassone <franco.tassone@rgn.it>
>  To: wkt@cs.adfa.edu.au
>  Subject: Info request
> 
> I'm very interested in obtaining the source license for PDP Unix.
> My only question is that I can't find a valid payment method for
> acquiring that license: SCO says to write down the details of my VISA
> card, or to enclose a cheque in and to send it...
> I wrote SCO asking for a Secure Server payment system, as they do for
> free unix... no answer.
> No other possibilities for such a payment, I know the amount isn't very
> much; a bank sleep [slip? wkt] would be ideal for me.
> Can you help me in this payment please ?
> Thanks in advance.
> ----- End of forwarded message from Franco Tassone -----





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 22 Jun 1999 16:30:41 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.edu.au
Subject: Re: More AU Licenses
References: <19990518082909.47946@sco.com> <199905182315.JAA04807@henry.cs.adfa.edu.au>
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On Wed, May 19, 1999 at 09:15:18AM +1000, Warren Toomey wrote:
> Going back to SCO floundering, what's the feeling inside there? I was
> wondering how SCO sees itself in the long-term future of Unix. With the
> enormous popularity of Linux, you guys must be feeling the pinch. How's
> SCO going to differentiate itself from the crowd?
> Cheers,
> 	Warren

It's hard for me to give an objective answer.  We have many opinions
here, many being quite different.

The popularity of Linux is not that bad for SCO... remember that
every Windows NT user won over to Linux is also a prospect for
SCO's Unix (for one reason or another).  I can explain the
value of SCO to a Linux user a lot better than to an NT user.

We should be differentiating ourselves on quality and support,
along with some high-end special features.  I think we can 
stay ahead on the technology curve if we want to (i.e., our
executives decide to invest in that).  But I am not sure that
we have the sense to realize that complete, utter quality is
a nonnegotiable requirement for serious users, especially
developers and technical users.

I see lots of contradictory news... but the SCO good news
stories dont seem to get much press play.  Still, we've done
very well in the last two quarters. 
-Dion  





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Sun, 15 Aug 1999 10:55:23 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.edu.au, David Eyes <davidey@sco.COM>
Cc: christi@sco.COM, eileenm@sco.COM
Subject: Re: UCDavis' UNIX Licenses
Message-ID: <19990815105523.A28179@sco.com>
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Warren,

The free* stuff is now handled by my friend and colleague
David Eyes.  David is mgr of the developer program group here,
as well as holding responsibility for free* stuff.  

David: This is a case where (if I guess rightly) someone wants
to forego the $100 Ancient Unix license from SCO because his
university has a source license from AT&T.  I suspect that
without study of the actual license text, we cannot be sure.

I'd recommend that we either freebie him the license, or
advise him that his university license is sufficient. Your
call...
-Dion
Dion L. Johnson II  - dionj@sco.com                               SCO, Inc     
400 Encinal St.  Santa Cruz, CA 95061    FAX: 831-427-5417  Voice: 831-427-7565

On Sat, Aug 14, 1999 at 02:48:21PM +1000, Warren Toomey wrote:
> 	[ Summary: David O'Brian believes he is covered by the UNIX
> 	  source licence as held by UC Davis. However .... ]
> 
> In article by David O'Brien:
> > This is going to be *very* difficult... the hardcopies are archived and
> > very difficult to get to.  UCB (University of California, Berkeley) holds
> > the license paper work for all UC's.  I have called UCB's Licensing group
> > and they almost laughed me off the phone when I asked for the paperwork
> > (due to how old and unaccessible the information is).
> > 
> > This is the information we (EE-CS dept at our campus) gave to DEC when we
> > got Ultrix source:
> > 
> >     AT&T License Agreement #(e.g. soft-99999)
> >         UCD #900/BE/012/00
> >         AT&T License #E-soft-00089 Supplement 48
> >     Customer Name as Shown on AT&T Agreement
> >         University of California
> >     Location of AT&T License CPU
> >         All Campus's - License at Berkeley
> >                        System at Davis
> >     CPU type of AT&T licensed CPU
> >         8600
> >     Serial # of AT&T licensed CPU
> >     8608306N
> >     FX01966
> > 
> > Is this suffient?  
> > -- David
> 
> David, I see your problem. I am cc'ing the email to my SCO contact, and
> also to Kirk McKusick who may help to shed some light (or who may not!).
> 
> My hands are tied until somehow I can verify that you are indeed covered
> by a licence. Hopefully, SCO or Kirk might be able to help.
> 
> Cheers,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Sun, 15 Aug 1999 10:58:37 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.edu.au
Subject: Re: UCDavis' UNIX Licenses
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Warren: You will probably have to ping DavidEy a couple times;
he is very busy.  

I trust things are nice in AU today.  We are about to start
SCO's annual week-long conference.  We hold it up at Univ Calif
Santa Cruz campus, very pretty place.  


On Sat, Aug 14, 1999 at 02:48:21PM +1000, Warren Toomey wrote:
> 	[ Summary: David O'Brian believes he is covered by the UNIX
> 	  source licence as held by UC Davis. However .... ]
> 
> In article by David O'Brien:
> > This is going to be *very* difficult... the hardcopies are archived and
> > very difficult to get to.  UCB (University of California, Berkeley) holds
> > the license paper work for all UC's.  I have called UCB's Licensing group
> > and they almost laughed me off the phone when I asked for the paperwork
> > (due to how old and unaccessible the information is).
> > 
> > This is the information we (EE-CS dept at our campus) gave to DEC when we
> > got Ultrix source:
> > 
> >     AT&T License Agreement #(e.g. soft-99999)
> >         UCD #900/BE/012/00
> >         AT&T License #E-soft-00089 Supplement 48
> >     Customer Name as Shown on AT&T Agreement
> >         University of California
> >     Location of AT&T License CPU
> >         All Campus's - License at Berkeley
> >                        System at Davis
> >     CPU type of AT&T licensed CPU
> >         8600
> >     Serial # of AT&T licensed CPU
> >     8608306N
> >     FX01966
> > 
> > Is this suffient?  
> > -- David
> 
> David, I see your problem. I am cc'ing the email to my SCO contact, and
> also to Kirk McKusick who may help to shed some light (or who may not!).
> 
> My hands are tied until somehow I can verify that you are indeed covered
> by a licence. Hopefully, SCO or Kirk might be able to help.
> 
> Cheers,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Thu, 19 Aug 1999 15:17:32 -0700
From: Dion Johnson <dionj@sco.COM>
To: wkt@cs.adfa.edu.au
Subject: Re: UCDavis' UNIX Licenses
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On Mon, Aug 16, 1999 at 09:41:14AM +1000, Warren Toomey wrote:
> In article by Dion Johnson:
> > Warren: You will probably have to ping DavidEy a couple times;
> > he is very busy.  
> > 
> > I trust things are nice in AU today.  We are about to start
> > SCO's annual week-long conference.  We hold it up at Univ Calif
> > Santa Cruz campus, very pretty place.  
> 
> Hi Dion, sorry I forgot that the AU stuff was passed to David. Must be end of
> summer there, nice weather? What sort of conference is it? I've seen several

About 70F in the daytime, 55 at night.
The conference is our annual love-in for customers and developers.
Lotsa new people this year, and more than half from outside North America.

> notices around w.r.t SCO's `support' of Linux (binary emulation etc.) I guess
> they must be having some impact then.

We started shipping the linux emulator quite a while ago.  Naturally,
I was a supporter of it.  I think Linux has helped out business a great
deal in the last year, just due to our being "close" to it, Unix-wise.

> Yes, it's pretty good here right now, end of winter, the days are 15'C and
> sunny.
> 
> How often should I ping DavidEy? I don't want to p*ss him off straightaway :)

Once a week makes sense.
-Dion

> 
> Thanks!
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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To: Dion Johnson <dionj@sco.COM>, Warren Toomey <wkt@cs.adfa.edu.au>
From: David Eyes <davidey@sco.COM>
Subject: Re: Being Tainted by Ancient UNIX Code
Cc: Theo de Raadt <deraadt@cvs.openbsd.org>
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I generally would tend to align with dionj's slant.  I think it would be
useful if Theo could go on record respecting his intentions relative to his
wanting to see source vis-a-vis his role as a BSD project leader.  Aside
from just being merely interesting and informative from our point of view,
it would read in to the record the scope of his intended use.  It is
possible that there would be uses, in violation of the license, that we
would want to take steps to discourage, but I'm assuming for the moment that
Theo is motivated by intellectual/professional curiosity.




At 10:07 AM 9/14/99 -0700, Dion Johnson wrote:
>For an authoritative answer, you need to talk to David Eyes
>(davidey@sco.com) who is the owner in Marketing of "free stuff"
>for SCO.  David will doubtless ask SCO's Legal folks.
>
>MHO is that
>
>0) Theo's concerns are not warranted.
>
>1) There should be no such thing as a "promise to stick to the
>nondisclosure".  The terms about confidentiality are part of the
>contract.  There is no other agreement involved, no "promises".
>You either sign and honor the contract, or you dont.  ;-)
>
>2) SCO truly, deeply would hate to get into litigation over any
>aspects of this.  We are a product company, not a litigation
>business.  The Ancient Unix source license was written to
>provide reasonable and flexible terms that would not engender
>paranoia about litigation.  We did our best.  Please believe 
>our intentions are honorable and seeking to cooperate with
>Unix enthusiasts.
>
>3) I dont think we want to waste time making more agreements
>about agreements.  ;-)
>
>But like I said, this is just my opinion.  For the true word,
>talk to DavidEy.
>-Dion
>
>On Tue, Sep 14, 1999 at 05:00:49PM +1000, Warren Toomey wrote:
>> Dion, 
>> 	You may have heard of Theo de Raadt, one of the developers of OpenBSD.
>> He is interested in obtaining an Ancient UNIX license. However, he is worried
>> that being `tainted' by such source may open him up to future litigation,
>> given that OpenBSD is currently a clean-room implementation of Unix.
>> 
>> The last bit of our email was:
>> 
>> [Warren]
>> > > I have a contact inside SCO, Dion Johnson, who helped
>> > > get the personal license through in the first place. We could try to set
>> > > up a dialogue so that you could promise to stick to the non-disclosure,
>> > > and they could promise not to sue you without REAL HARD evidence that you
>> > > broke non-disclosure.
>> 
>> [Theo]
>> > I would like that.  I'm a project leader, it's important.
>> 
>> Is there scope for some memorandum of understanding between SCO and OpenBSD?
>> I can't imagine you guys would sue OpenBSD, but I guess Theo remembers the
>> AT&T/USL lawsuit, which of course was based on 32V taintedness.
>> 
>> What can be done to relieve Theo's fears so that he can go for an AU license?
>> 
>> Thanks again!
>> 
>> 	Warren
>
--

David Eyes

Manager
Developer Programs

831-427-7532 (voice)
831-427-5472 (fax)






From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Tue, 14 Sep 1999 10:07:02 -0700
From: Dion Johnson <dionj@sco.COM>
To: Warren Toomey <wkt@cs.adfa.edu.au>
Cc: Theo de Raadt <deraadt@cvs.openbsd.org>, David Eyes <davidey@sco.COM>
Subject: Re: Being Tainted by Ancient UNIX Code
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For an authoritative answer, you need to talk to David Eyes
(davidey@sco.com) who is the owner in Marketing of "free stuff"
for SCO.  David will doubtless ask SCO's Legal folks.

MHO is that

0) Theo's concerns are not warranted.

1) There should be no such thing as a "promise to stick to the
nondisclosure".  The terms about confidentiality are part of the
contract.  There is no other agreement involved, no "promises".
You either sign and honor the contract, or you dont.  ;-)

2) SCO truly, deeply would hate to get into litigation over any
aspects of this.  We are a product company, not a litigation
business.  The Ancient Unix source license was written to
provide reasonable and flexible terms that would not engender
paranoia about litigation.  We did our best.  Please believe 
our intentions are honorable and seeking to cooperate with
Unix enthusiasts.

3) I dont think we want to waste time making more agreements
about agreements.  ;-)

But like I said, this is just my opinion.  For the true word,
talk to DavidEy.
-Dion

On Tue, Sep 14, 1999 at 05:00:49PM +1000, Warren Toomey wrote:
> Dion, 
> 	You may have heard of Theo de Raadt, one of the developers of OpenBSD.
> He is interested in obtaining an Ancient UNIX license. However, he is worried
> that being `tainted' by such source may open him up to future litigation,
> given that OpenBSD is currently a clean-room implementation of Unix.
> 
> The last bit of our email was:
> 
> [Warren]
> > > I have a contact inside SCO, Dion Johnson, who helped
> > > get the personal license through in the first place. We could try to set
> > > up a dialogue so that you could promise to stick to the non-disclosure,
> > > and they could promise not to sue you without REAL HARD evidence that you
> > > broke non-disclosure.
> 
> [Theo]
> > I would like that.  I'm a project leader, it's important.
> 
> Is there scope for some memorandum of understanding between SCO and OpenBSD?
> I can't imagine you guys would sue OpenBSD, but I guess Theo remembers the
> AT&T/USL lawsuit, which of course was based on 32V taintedness.
> 
> What can be done to relieve Theo's fears so that he can go for an AU license?
> 
> Thanks again!
> 
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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	Tue, 14 Sep 1999 17:00:49 +1000 (EST)
From: Warren Toomey <wkt>
Message-Id: <199909140700.RAA23524@henry.cs.adfa.edu.au>
Subject: Re: Being Tainted by Ancient UNIX Code
In-Reply-To: <199909140648.AAA19502@cvs.openbsd.org> from Theo de Raadt at "Sep 14, 1999  0:48:44 am"
To: deraadt@cvs.openbsd.org (Theo de Raadt)
Date: Tue, 14 Sep 1999 17:00:49 +1000 (EST)
Cc: dionj@sco.com (Dion Johnson), wkt (Warren Toomey)
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Dion, 
	You may have heard of Theo de Raadt, one of the developers of OpenBSD.
He is interested in obtaining an Ancient UNIX license. However, he is worried
that being `tainted' by such source may open him up to future litigation,
given that OpenBSD is currently a clean-room implementation of Unix.

The last bit of our email was:

[Warren]
> > I have a contact inside SCO, Dion Johnson, who helped
> > get the personal license through in the first place. We could try to set
> > up a dialogue so that you could promise to stick to the non-disclosure,
> > and they could promise not to sue you without REAL HARD evidence that you
> > broke non-disclosure.

[Theo]
> I would like that.  I'm a project leader, it's important.

Is there scope for some memorandum of understanding between SCO and OpenBSD?
I can't imagine you guys would sue OpenBSD, but I guess Theo remembers the
AT&T/USL lawsuit, which of course was based on 32V taintedness.

What can be done to relieve Theo's fears so that he can go for an AU license?

Thanks again!

	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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Subject: Re: Liberal license for ancient UNIX sources - uuencoded
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end





From mairix@mairix Mon Jan  1 12:34:56 1970
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Date: Wed, 23 Jan 2002 15:03:37 -0800
From: Dion Johnson <dionj@caldera.com>
To: wht@minnie.tuhs.org
Cc: dmr@bell-labs.com, ken@plan9.bell-labs.com, grog@lemis.com,
   John Terpstra <jht@caldera.com>, drew@caldera.com, maddog@li.org,
   evan@starnix.com, phatch@caldera.com, ransom@caldera.com
Subject: Liberal license for ancient UNIX sources
Message-ID: <20020123150337.A12595@sco.com>
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Resent-Date: Thu, 24 Jan 2002 11:15:41 +1030
Resent-To: Warren Toomey <wkt@tuhs.org>
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--dDRMvlgZJXvWKvBx
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Dear Warren, and friends,

I'm happy to let you know that Caldera International has placed
the ancient UNIX releases (V1-7 and 32V) under a "BSD-style" license.
I've attached a PDF of the license letter hereto.  Feel free to 
propogate it as you see fit.

I apologize that this has taken so long.  We do not have a well
regulated archive of these ancient releases, so we must depend
upon you UNIX enthusiasts, historians, and original authors to
help the community of interested parties figure out exactly what
is available, where, and how.

Many thanks to Warren Toomey, of PUPS, and to Caldera's Bill
Broderick, director of licensing services here.  Both of these
gentlemen were instrumental in making this happen.  And thanks
to our CEO, Ransom Love, whose vision for Caldera International
prescribes cooperation and mutual respect for the open source
communities.

Of course, there are thousands of other people who should be
acknowledged.  I regret I do not have time or wisdom to make
a list of them all, but maybe someone does, or has.

Anyway, here it is.  Feel free to write to us if you want to
understand more about how/why Caldera International has released
this code, or you have any other comments that we should hear.

Sincerely,

Dion L. Johnson II - dionj@caldera.com
Product Manager and one of many open source enthusiasts in Caldera Intl.

Paul Hatch - phatch@caldera.com
Public Relations Manager at Caldera International



--dDRMvlgZJXvWKvBx
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To: <wkt@cs.adfa.edu.au>
Subject: unix history graphing
Date: Wed, 23 Jan 2002 16:11:42 -0800
Organization: Caldera International
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Warren is this project still active?
I see you do not have files for XENIX or OpenServer or Open UNIX,
and the info for UnixWare is very scant.

-Dion






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Date: Wed, 23 Jan 2002 15:55:27 -0800
From: Dion Johnson <dionj@caldera.com>
To: wkt@minnie.tuhs.org
Subject: at last, the license
Message-ID: <20020123155527.H12595@sco.com>
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Warren, the letter is below uuencoded.
-Dion

> Cc: dmr@bell-labs.com, ken@plan9.bell-labs.com, grog@lemis.com, 
>     John Terpstra <jht@caldera.com>, drew@caldera.com, maddog@li.org, 
>     evan@starnix.com, phatch@caldera.com, ransom@caldera.com
> Subject: Liberal license for ancient UNIX sources
> 
> Dear Warren, and friends,
> 
> I'm happy to let you know that Caldera International has placed
> the ancient UNIX releases (V1-7 and 32V) under a "BSD-style" license.
> I've attached a PDF of the license letter hereto.  Feel free to 
> propogate it as you see fit.
> 
> I apologize that this has taken so long.  We do not have a well
> regulated archive of these ancient releases, so we must depend
> upon you UNIX enthusiasts, historians, and original authors to
> help the community of interested parties figure out exactly what
> is available, where, and how.
> 
> Many thanks to Warren Toomey, of PUPS, and to Caldera's Bill
> Broderick, director of licensing services here.  Both of these
> gentlemen were instrumental in making this happen.  And thanks
> to our CEO, Ransom Love, whose vision for Caldera International
> prescribes cooperation and mutual respect for the open source
> communities.
> 
> Of course, there are thousands of other people who should be
> acknowledged.  I regret I do not have time or wisdom to make
> a list of them all, but maybe someone does, or has.
> 
> Anyway, here it is.  Feel free to write to us if you want to
> understand more about how/why Caldera International has released
> this code, or you have any other comments that we should hear.
> 
> Sincerely,
> 
> Dion L. Johnson II - dionj@caldera.com
> Product Manager and one of many open source enthusiasts in Caldera Intl.
> 
> Paul Hatch - phatch@caldera.com
> Public Relations Manager at Caldera International

begin 600 ancient-source.pdf
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end





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Date: Thu, 24 Jan 2002 11:22:00 +1030
From: Greg Lehey <grog@lemis.com>
To: Dion Johnson <dionj@caldera.com>
Cc: Warren Toomey <wkt@tuhs.org>
Subject: Re: Liberal license for ancient UNIX sources
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On Wednesday, 23 January 2002 at 15:03:37 -0800, Dion Johnson wrote:
> Dear Warren, and friends,
>
> I'm happy to let you know that Caldera International has placed
> the ancient UNIX releases (V1-7 and 32V) under a "BSD-style" license.
> I've attached a PDF of the license letter hereto.  Feel free to
> propogate it as you see fit.

Dion, I've just had a bounce from Warren.  He's left ADFA and is now
working in Queensland.  His current mail address is wkt@tuhs.org,
which hopefully won't change.

Greg
--
Finger grog@lemis.com for PGP public key
See complete headers for address and phone numbers





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: "Dion L. Johnson II" <dionj@redacted.com>
To: "'Warren Toomey'" <wkt@tuhs.org>
Subject: RE: Greetings, news, etc. from Dion
Date: Mon, 24 Nov 2003 20:17:12 -0800
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PS: Another guy who knows some Unix history is Peter Salus.  You know =
him?

> -----Original Message-----
> From: Warren Toomey [mailto:wkt@tuhs.org]
> Sent: Monday, November 24, 2003 6:34 PM
> To: Dion L. Johnson II
> Subject: Re: Greetings, news, etc. from Dion
>=20
> > Your invitation is very kind.  Maybe someday I will visit Australia; =
I
> don't
> > know.  I visited my cousin in England a couple years ago and =
thoroughly
> > enjoyed it.  (She's married to Sir Gordon Hobday, so now I guess I =
am
> > related to the nobility (by marriage, if not by blood).)  I like the
> idea of
> > visiting countries where I have some slight chance of understanding =
the
> > native language.  ;-)
>=20
> Well, we speak funny here, and you can probably talk me into saying
> "G'day".
>=20
> > Anyway, it sounds like you are doing well.  Keep up your good works, =
and
> let
> > me know what you can about the work with IBM (so far as is proper =
for
> you to
> > reveal).  I'm curious, at least, how this is going to progress.
>=20
> Ok, well I'm reading www.groklaw.net every day to keep up on the =
latest
> legal and PR events. I've written a C code comparison tool, see
> http://minnie.tuhs.org/Programs/Ctcompare, which might help to see
> if there is really any SysV code in Linux. However, obtaining recent
> SysV code is not easy, but I've tried it on old SysV source and found
> nothing.
>=20
> For IBM, I'm (one of?) their UNIX history people. I'm tracking down
> books, articles, papers etc. that explain UNIX methods and techniques.
> There's quite a lot of books, and some are recent too. IBM also want
> to find out how accessible was the source code generally, e.g. to
> students at unis etc. Of course, I can also give details on the
> geneaology of the source code itself.
>=20
> Cheers,
> 	Warren





From mairix@mairix Mon Jan  1 12:34:56 1970
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From: "Dion L. Johnson II" <dionj@redacted.com>
To: "'Warren Toomey'" <wkt@tuhs.org>
Subject: The licenses, and some comments
Date: Mon, 24 Nov 2003 20:16:33 -0800
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Well... you may (or may not) know that SCO used to have a SYS V source =
code
license for universities, perhaps as recent as 2000 or so.  And there =
are a
zillion old ATT source licenses, some maybe to universities besides
Berkeley.  I don't have copies of those licenses but they clearly are
intended to permit teaching of concepts and techniques. =20

Don't forget Sun was allowing all kinds of licenses for Sys V.4, =
(Solaris)
their version, which was licensed from ATT.

One guy who knows a LOT about SCO licensing (and Caldera) is Bill =
Broderick.
Bill lives in NJ.  I don't know if he's still working for SCOG but he =
may
be, so approach him with care.  There are of course a number of other =
people
who know (knew) about the ATT, Novell, USL, SCO, and Caldera licensing =
over
the years.  And don't forget that many of the source code licenses had
provisions for sublicensing, and assorted T&C for allowing contractors =
and
other people to see the source. =20

You might find some Sys V source code somewhere that is incorporated =
into
Linux - but damned little of it.  Of course, any at all may be a =
problem...
or maybe not, depending on how it got there.  The contributors, authors, =
IP
originators of Unix while not as many as Linux, are surely in the =
thousands
of programmers, over several decades.  Mike Davidson probably knows a =
little
about this.

Another interesting angle that bears investigation is to look into what
Linux code or IP may have found its way into SCO products!  Surely if =
there
was "technology transfer" it must have been a 2-way street.

The bottom line is that the legal envelope SCOG is trying to establish =
has a
million holes in it; it will never stand up such that they will be able =
to
extract royalties from everyone in the world.  (IMNSHO) At best, I think
they might get IBM to pay them some modest amount to just go away and =
shut
up.

All of this just between you and me, of course.  Not that there are any
secrets in what I say; I just don't want to get subpoenaed.=20
-Dion

> -----Original Message-----
> From: Warren Toomey [mailto:wkt@tuhs.org]
> Sent: Monday, November 24, 2003 6:34 PM
> To: Dion L. Johnson II
> Subject: Re: Greetings, news, etc. from Dion
>=20
> > Your invitation is very kind.  Maybe someday I will visit Australia; =
I
> don't
> > know.  I visited [redacted] a couple years ago and =
thoroughly
> > enjoyed it.  ([redacted] =
am
> > [redacted]  I like the
> idea of
> > visiting countries where I have some slight chance of understanding =
the
> > native language.  ;-)
>=20
> Well, we speak funny here, and you can probably talk me into saying
> "G'day".
>=20
> > Anyway, it sounds like you are doing well.  Keep up your good works, =
and
> let
> > me know what you can about the work with IBM (so far as is proper =
for
> you to
> > reveal).  I'm curious, at least, how this is going to progress.
>=20
> Ok, well I'm reading www.groklaw.net every day to keep up on the =
latest
> legal and PR events. I've written a C code comparison tool, see
> http://minnie.tuhs.org/Programs/Ctcompare, which might help to see
> if there is really any SysV code in Linux. However, obtaining recent
> SysV code is not easy, but I've tried it on old SysV source and found
> nothing.
>=20
> For IBM, I'm (one of?) their UNIX history people. I'm tracking down
> books, articles, papers etc. that explain UNIX methods and techniques.
> There's quite a lot of books, and some are recent too. IBM also want
> to find out how accessible was the source code generally, e.g. to
> students at unis etc. Of course, I can also give details on the
> geneaology of the source code itself.
>=20
> Cheers,
> 	Warren





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From: "Dion L. Johnson II" <dionj@redacted.com>
To: "'Warren Toomey'" <wkt@tuhs.org>
Subject: RE: The licenses, and some comments
Date: Tue, 25 Nov 2003 11:34:26 -0800
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> On Mon, Nov 24, 2003 at 08:16:33PM -0800, Dion L. Johnson II wrote:
> > Well... you may (or may not) know that SCO used to have a SYS V =
source
> code
> > license for universities, perhaps as recent as 2000 or so.
>=20
> Can you find or do you know pointers to this license? Even keywords or =
old
> URLs, so I can hunt it down in the Wayback machine.

It would probably have been named "academic license", and would be =
related
to SCO's academic or university relations area, perhaps under training.=20
There was an "academic seeding program" handled at one time by Tisa =
Murdoch,
which provided source code to universities.=20

> > Don't forget Sun was allowing all kinds of licenses for Sys V.4,
> (Solaris)
> > their version, which was licensed from ATT.
>=20
> Ah yes, I'd forgotten about that too!

See if you can find a report from D.H.Brown & Associates:
2001 UNIX FUNCTION REVIEW
D. H. Brown Associates, Inc.
222 Grace Church St.
Port Chester, NY 10573
=20
There was a lot of interesting info in this document, but I am not sure =
who
owned it.  A copy might have to be purchased.

>=20
> > One guy who knows a LOT about SCO licensing (and Caldera) is Bill
> Broderick.
> > Bill lives in NJ.  I don't know if he's still working for SCOG but =
he
> may
> > be, so approach him with care.
>=20
> Do you have any contact details?

I came across this, interestingly:
http://zgp.org/linux-elitists/20030910161904.GA8702@zgp.org.html

Anyway, I think Bill may still be working for SCO Group, so you would =
need
to be careful about trying to talk to him directly.

>=20
> > Another interesting angle that bears investigation is to look into =
what
> > Linux code or IP may have found its way into SCO products!  Surely =
if
> there
> > was "technology transfer" it must have been a 2-way street.
>=20
> Yes, I was thinking about that. Did you ever hear of any such =
technology
> transfer? What about the Linux Personality module?
=20
Yes, what about that?  How could they implement a Linux compatibility =
that
was very low level, and accurate, without using any Linux IP????

Well, any thoughtful programmer would think of this question; it's not =
some
kind of dark secret.