Where's the (c) on unix? - legality of posting sources

[Geoff Kuenning]

BTL UNIX is not copyrighted, it is protected as a trade secret.  This means
that copyright notices are not only not required, they could be interpreted
as voiding the trade secrecy.  If you read the standard Bell contract for
UNIX (if you don't have a copy, it can be found in "The Software Legal Book"
by Paul Hoffman), you will discover that it clearly states that ALL source
code distributed by Bell Labs as a part of UNIX is a trade secret of Bell Labs.
Further, there is a very long list of EVERY program and file that is covered
under the contract.

Now, trade-secret protection is a very tricky think.  It can be lost simply
by having the object of the secret be published.  For example, if I find out
the secret of Coca-Cola and print it in the LA Times, Coke Corp. can
prosecute me for the billions of dollars of damages I have done them.  But
the secrecy has been lost, and ANYONE else can use the formula without any
liability whatsoever.

This means to me that Bell cannot protect any shell script or other world-
readable ASCII file, regardless of what their contract says.  (Note that
this includes /usr/dict/words).  They also cannot protect anything against
programs such as "strings", or for that matter against disassembly.  They
CAN prosecute you for posting "dd.c" to net.sources--but, as I see it, once
you have done so, they cannot prosecute anyone else for making use of that
source file.

There are two caveats to this last statement:  first, don't get the bright
idea of posting /usr/src to the net.  In that kind of case, since everyone
on the net is *WELL* aware that the sources are actually a trade secret, I
could easily see a court deciding that anyone who made use of those sources
was civilly liable for damages.  Second, remember that when you post any
source to the net illegally, your institution as well as yourself is liable
for damages (because they are the holders of the license and are responsible
for making sure you don't misuse sources).  So if you want to bankrupt your
employer or your university, just post /usr/src to the net and make sure Bell
notices...

Final caveat:  I am not a lawyer or legally trained.  Believe the foregoing
at your own risk!

	Geoff Kuenning
	Callan Data Systems
	...!ihnp4!sdcrdcf!trwrb!wlbr!callan!geoff