Liability WRT Access to UNIX Source Code

Larry Lippman larry at kitty.UUCP
Mon Nov 4 14:48:53 AEST 1985


> A question about liability with respect to access to UNIX source code... 
> Here's the situation.  Suppose X University signs a source code license
> Xref: u1100a net.unix:1516 net.legal:813
> with AT&T and Y Company (h/w manufacturer who did the port) and it is
> the standard one where the school agrees not to divulge source code.
> ... 
> Should the source code be protected or should it be open to all users???
> Are there any systems out there that protect the source code???

	The source code should be protected, and access given only to those
students with a need-to-know.  Setting a group permission to control source
access should be no problem.
	It should be made clear to anyone with source code acess that the
University is LIABLE (as the licensee) for ANY improper divulgence of source
code, and that appropriate sanctions will be taken against any student who
is caught divulging source code.  Most source licenses require that the
licensee take steps to protect the confidentiality of the source code, and
the University would most likely be held negligent if it were proven that
no security steps were taken (which would include SPECIFICALLY warning students
that source code is restricted).
	The above is the generally accepted legal viewpoint.  Now, ENFORCEMENT
of source code confidentiality is another matter...

===  Larry Lippman @ Recognition Research Corp., Clarence, New York        ===
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