On Sun, Oct 13, 2024 at 2:31 AM <arnold@skeeve.com> wrote:
Steve Nickolas <usotsuki@buric.co> wrote:

> On Sat, 12 Oct 2024, arnold@skeeve.com wrote:
>
> > Hi All.
> >
> > I'm working on revising my book on basic *nix programming, and for
> > the new chapter on sockets, I want to include some code from 4.2 BSD.
> >
> > Is there a copyright file somewhere for that code?  I'm sure it's
> > copyright the Regents of the University of California, but I'd like
> > to include the text of the copyright in the book, so that everything's
> > clear.
> >
> > Thanks!
> >
> > Arnold
> >
>
> From what I would ascertain it would, logically, fall under a copyright to
> UCB if it comes from UCB, and under 32V's (questionable) copyright if not.
>
> Oldest BSD I have any sort of code for is 4.3 and at least by that point
> most of the Berkeley stuff is marked with this copyright string:
>
> /*
>   * Copyright (c) 198x Regents of the University of California.
>   * All rights reserved.  The Berkeley software License Agreement
>   * specifies the terms and conditions for redistribution.
>   */
>
> Some earlier stuff only has the first line.
>
> -uso.

Thanks.  But, ... is there some sort of copying permissions to
include also?  Or is it the same as 32V and covered by Caldera license?

No. For 4.2BSD we're firmly in the 'we send this to anybody that has an AT&T
license only; era, and in such an era, there's not going to be clarity.I don't think the
regents have made a definitive statement regarding code from this era after the
historic Unix license from Caldera. The next best thing is looking a the model license
that most people signed ot get the 4.2BSD tapes and see what that says.  A quick google
search didn't turn up the model 4.2BSD license agreement, but it's likely similar to
https://cm-bell-labs.github.io/who/dmr/bsdi/BSD_ATT_License.pdf which sets forth
the terms of copying within AT&T, but is likely broadly similar to other licensees now
that  either there's no 32V copyright or there's permission to copy 32V for these
purposes. The most salient part is likely:
	  Proper Credit and Recognition.  In the use of any part of 4.2
	  BSD and 4.3 BSD, AT&T will give appropriate credit to the
	  University and the Electrical Engineering and Computer
	  Sciences Department at the Berkeley Campus of the University
	  of California and Other Contributors for their roles in its
	  development and will require sublicensees to give such
	  credit.

	  If AT&T is providing documentation similar to that which is
	  provided with 4.2 BSD and 4.3 BSD, notices similar to those
	  included in that documentation suffice to satisfy this
	  requirement. If AT&T is providing new documentation, this
	  requirement will be satisfied if each document includes the
	  following statement:  'This software and documentation is
	  based in part on the Fourth Berkeley Software distribution
	  under license from The Regents of the University of
	  California.  We acknowledge the following individuals and
	  institutions for their role in its development:  [insert
	  names of individuals and institutions which appear in the
	  documentation provided to AT&T as part of 4.2 BSD and 4.3 BSD
	  for those portions of said Distribution used by AT&T.]'

This suggests you should include the phrase above, or one that's similar to it
that's more appropriate for the context, to comply with the spirit of what was most likely
in those original 4.2BSD agreements. I don't think it will get any better clarity than
guessing based on this document that came to light as part of the AT&T litigation.
I believe this is independent of the 32V determination because the copyright to the
changes hasn't ever been challenged. However, since it's just snippets of code that's
otherwise available, and since you're using it in a work that's clearly an academic critique 
or criticism of a de-minimis portion of 4.2BSD, it may fall under 'fair use'  and not need
any specific permission. Given the release of 4.2BSD was 40 years ago or so, and the
regents have generally been uninterested in policing the license compliance of 4.2 code,
i suspect that an acknowledgement would suffice to keep them from doing anything. It
would also comply with the general intent of the licenses and practices at the time and
even if all that failed, there's several other reasons that would make such use in your
book easily defensible.

Sorry I didn't have a better, easy and clear answer.
Warner