Free for All - Peter Wayner (the false prince series .txt) 📗

the files from Berkeley, and Berkeley claimed that all of the source code was theirs to sell. BSDI wrote the missing six files themselves and they were quite sure that they got no help from AT&T or USL. Therefore, BSDI didn't steal anything. If AT&T thought it was stolen, they should take it up with Berkeley. The judge bought BSDI's argument and narrowed the case to focus on the six files.

This was a crucial moment in the development of the free software movement and its various kernels. AT&T found itself cornered. Backing down meant giving up its claim to UNIX and the wonderful stream of license fees that kept pouring in. Pressing ahead meant suing the University of California, its old friend, partner, and author of lots of UNIX code. Eventually, the forces of greed and omnipotent corporate power won out and AT&T's USL filed a lawsuit naming both BSDI and the University of California.

Taking sides in this case was pretty easy for most folks in the academic and free software world. The CSRG at Berkeley did research. They published things. University research was supposed to be open and freely distributed. AT&T was trying to steal the work of hundreds if not thousands of students, researchers, professors, and others. That wasn't fair.

In reality, AT&T did pay something for what they got. They sent their employees to Berkeley to get master's degrees, they shared the original Versions 5, 6, and 7 and 32/V source code, and they even sent some hardware to the computer science department. The original creators of UNIX lived and worked at Bell Labs drawing AT&T paychecks. Berkeley students got summer jobs at AT&T. There wasn't an official quid-pro-quo. It wasn't very well spelled out, but AT&T was paying something.

Some folks on AT&T's side might even want to paint the CSRG at Berkeley as filled with academic freeloaders who worked hard to weasel money out of the big corporations without considering the implications. The folks at Berkeley should have known that AT&T was going to want something for its contributions. There's no such thing as a free lunch.

There's something to this argument because running a high-rent research project at a top-notch school requires a fair amount of guile and marketing sophistication. By the 1990s, the top universities had become very good at making vague, unofficial promises with their pleas for corporate gifts. This sort of coquetry and teasing was bound to land someone in a fight. McKusick, for instance, says that the CSRG designed the BSD license to be very liberal to please the corporate donors. "Hewlett-Packard put in hundreds of thousands of dollars and they were doing so under the understanding that they were going to use the code," he said. If the BSD hadn't kept releasing code like Network Release 2 in a clear, easy-to-reuse legal form, he says, some of the funding for the group would have dried up.

But there's also a bit of irony here. McKusick points out that AT&T was far from the most generous company to support the CSRG. "In fact, we even had to pay for our license to UNIX," he says before adding, "although it was only ninety-nine dollars at the time."

AT&T's support of the department was hardly bountiful. The big checks weren't grants outright. They paid for the out-of-state tuition for AT&T employees who came to Berkeley to receive their master's degrees. While AT&T could have sent their employees elsewhere, there's no doubt that there are more generous ways to send money to researchers.

McKusick also notes that AT&T didn't even send along much hardware. The only hardware he remembers receiving from them were some 5620 terminals and a Datakit circuit-based switch that he says "was a huge headache that really did us very little good." Berkeley was on the forefront of developing the packet-based standards that would dominate the Internet. If anything, the older circuit-based switch convinced the Berkeley team that basing the Internet on the old phone system would be a major mistake.

To make matters worse, AT&T often wanted the BSD team to include features that would force all the BSD users to buy a newer, more expensive license from AT&T. In addition, license verification was never a quick or easy task. McKusick says, "We had a person whose fulltime job was to keep the AT&T licensing person happy."

In the end, he concludes, "They paid us next to nothing and got a huge windfall."

Choosing sides in this battle probably isn't worth the trouble at this point because Berkeley eventually won. The hard work of Bostic's hundreds of volunteers and the careful combing of the kernel by the CSRG paid off. AT&T's case slowly withered away as the University of California was able to show how much of the distribution came from innocent, non-AT&T sources.

Berkeley even landed a few good blows of its own. They found that AT&T had stripped copyrights from Berkeley code that they had imported to System V and had failed to provide due credit to Berkeley. The BSD license is probably one of the least restrictive ones in the world. Companies like Apple use BSD source code all the time. The license has few requirements beyond keeping the copyright notice intact and including some credit for the University of California. AT&T didn't pay attention to this and failed to cite Berkeley's contributions in their releases. Oops. The CSRG countersued claiming that AT&T had violated a license that may be one of the least restrictive in the world.

The battle raged in the courts for more than a year. It moved from federal to California state court. Judges held hearings, lawyers took depositions, clerks read briefs, judges heard arguments presented by briefs written by lawyers who had just held depositions. The burn rate of legal fees was probably larger than most Internet start-ups.

Any grown-up should take one look at this battle and understand just how the free software movement got so far. While the Berkeley folks were meeting with lawyers and worrying about whether the judges were going to choose the right side, Linus Torvalds was creating his own kernel. He started Linux on his own, and that made him a free man.

In the end, the University of California settled the lawsuit after the USL was sold to Novell, a company run by Ray Noorda. McKusick believes that Noorda's embrace of free competition made a big difference, and by January 1994 the legal fight was over. Berkeley celebrated by releasing a completely free and unencumbered 4.4BSD-Lite in June 1994.

The terms of the settlement were pretty minor. Net Release 2 came with about 18,000 files. 4.4BSD-Lite contained all but three of them. Seventy of them included a new, expanded copyright that gave some credit to AT&T and USL, but didn't constrain anyone's right to freely distribute them. McKusick, Bostic, and the hundreds of volunteers did a great job making sure that Net Release 2 was clean. In fact, two people familiar with the settlement talks say that Berkeley just deleted a few files to allow USL's lawyers to save face. We'll never know for sure because the details of the settlement are sealed. McKusick and the others can't talk about the details. That's another great example of how the legal system fails the American people and inadvertently gives the free software world another leg up. There's no information in the record to help historians or give future generations some hints on how to solve similar disputes.

OUTSIDER

The battle between the University of California at Berkeley's computer science department and AT&T did not reach the court system until 1992, but the friction between the department's devotion to sharing and the corporation's insistence on control started long before.

While the BSD team struggled with lawyers, a free man in Finland began to write his own operating system without any of the legal or institutional encumbrance. At the beginning he said it was a project that probably wouldn't amount to much, but only a few years later people began to joke about "Total World Domination." A few years after that, they started using the phrase seriously.

In April 1991, Linus Torvalds had a problem. He was a relatively poor university student in Finland who wanted to hack in the guts of a computer operating system. Microsoft's machines at the time were the cheapest around, but they weren't very interesting. The basic Disk Operating System (DOS) essentially let one program control the computer. Windows 3.1 was not much more than a graphical front end to DOS featuring pretty pictures--icons--to represent the files. Torvalds wanted to experiment with a real OS, and that meant UNIX or something that was UNIX-like. These real OSs juggled hundreds of programs at one time and often kept dozens of users happy. Playing with DOS was like practicing basketball shots by yourself. Playing with UNIX was like playing with a team that had 5, 10, maybe as many as 100 people moving around the court in complicated, clockwork patterns.

But UNIX machines cost a relative fortune. The high-end customers requested the OS, so generally only high-end machines came with it. A poor university student in Finland didn't have the money for a topnotch Sun Sparc station. He could only afford a basic PC, which came with the 386 processor. This was a top-of-the-line PC at the time, but it still wasn't particularly exciting. A few companies made a version of UNIX for this low-end machine, but they charged for it.

In June 1991, soon after Torvalds[^3] started his little science project, the Computer Systems Research Group at Berkeley released what they thought was their completely unencumbered version of BSD UNIX known as Network Release 2. Several projects emerged to port this to the 386, and the project evolved to become the FreeBSD and NetBSD versions of today. Torvalds has often said that he might never have started Linux if he had known that he could just download a more complete OS from Berkeley.

[3]: Everyone in the community, including many who don't know him, refers to him by his first name. The rules of style prevent me from using that in something as proper as a book.

But Torvalds didn't know about BSD at the time, and he's lucky he didn't. Berkeley was soon snowed under by the lawsuit with AT&T claiming that the university was somehow shipping AT&T's intellectual property. Development of the BSD system came to a screeching halt as programmers realized that AT&T could shut them down at any time if Berkeley was found guilty of giving away source code that AT&T owned.

If he couldn't afford to buy a UNIX machine, he would write his own version. He would make it POSIX-compatible, a standard for UNIX designers, so others would be able to use it. Minix was another UNIXlike OS that a professor, Andrew Tanenbaum, wrote for students to experiment with the guts of an OS. Torvalds initially considered using Minix as a platform. Tanenbaum included the source code to his project, but he charged for the package. It was like a textbook for students around the world.

Torvalds looked at the price of Minix ($150) and thought it was too much. Richard Stallman's GNU General Public License had taken root in Torvalds's brain, and he saw the limitations in charging for software. GNU had also produced a wide variety of tools and utility programs that he could use on his machine. Minix was controlled by Tanenbaum, albeit with a much looser hand than many of the other companies at the time.

People could add their own features to Minix and some did. They did get a copy of the source code for $150. But few changes made their way back into Minix. Tanenbaum wanted to keep it simple and grew frustrated with the many people who, as he wrote back then, "want to turn Minix into BSD UNIX."

So Torvalds started