14 Jul
2021
14 Jul
'21
11:40 p.m.
On Wed, Jul 14, 2021 at 11:01:58AM -0400, Clem Cole wrote:
By formal definition, the tarball and the rest of UNIX
from Research is and
always has been, '*Open Source*' in the sources were available. *But they
were licensed*. This was fairly typical of much early software BTW. The
binary nature only came about with the minicomputers.
It may have been "Open Source" by your definition, but there is a very
specific definition of "Open Source(tm)" and it has always been, from
the beginning, defined to mean code licensed under terms which meet
the Open Source Definition[1] (OSD). The AT&T license, for better or
for worse does not mean the terms of the OSD.
[1] https://opensource.org/osd
The sources in the tarball were not '*Free and
Open Source*' -- which
becomes the crux of the issue. [Sadly the OSS folks have confused this
over the years and that important detail is lost].
Hardly. "Free and Open Source" (FOSS) is a term which developed
*after* the the term "Open Source" was coined and trademarked. That
term was not created by the "OSS folks", but by people who were trying
the solve a political problem. The GPL meets the definition of the
Open Source Definition, so GPL-licensed software is "Open Source(tm)".
But Stallman objected to that usage, preferring his terminology "Free
Software" on the grounds that it came first. So FOSS was a compromise
to keep the FSF partisan happy.
But to take this back to TUHS, sorry, no code which falls under AT&T
License can be called "Open Source(tm)". If AT&T were still trying to
sell Unix under its original terms including the AT&T Unpublished
Trade Secret "all your student's minds belong to us" license, and
tried to claim that Unix was "Open Source", the Open Source Initiative
could sue AT&T for trademark infringement.
If you must, you could try to claim that AT&T was "Source Available"
--- which is a terminology I've seen some used. But I think your
assumptions of how easily the AT&T License could be obtained, and how
"anyone who wanted it could get it" may be looking at the past with
rose-colored classes.
Cheers,
- Ted