If V10 was formally released, then yes - I would make that argument and feel free to say it to the judge.
That said, did Caldera (and/or Nokia) officially release it or are they just 'not noticing' that it is available in the wild?
Statement Regarding Research Unix Editions 8, 9, and 10
Alcatel-Lucent USA Inc. (“ALU-USA”), on behalf of itself and Nokia Bell Laboratories agrees, to the extent
of its ability to do so, that it will not assert its copyright rights with respect to any non-commercial
copying, distribution, performance, display or creation of derivative works of Research Unix® Editions 8,
9, and 10. The foregoing does not (i) transfer ownership of, or relinquish any, intellectual property
rights (including patent rights) of Nokia Corporation, ALU-USA or any of their affiliates, (ii) grant a license
to any patent, patent application, or trademark of Nokia Corporation, ALU-USA. or any of their affiliates,
(iii) grant any third-party rights or licenses, or (iv) grant any rights for commercial purposes. Neither
ALU-USA. nor Nokia Bell Laboratories will furnish or provided support for Research Unix Editions 8, 9,
and 10, and make no warranties or representations hereunder, including but not limited to any warranty
or representation that Research Unix Editions 8, 9, and 10 does not infringe any third party intellectual
property rights or that Research Unix Editions 8, 9, and 10 is fit for any particular purpose.
So not exactly the sweeping "We own this and you can do whatever w/o restriction" license one would like, but still much better than "in the wild and unchallenged"...
I was under the impression that the only thing official is through V7. But all the other versions have 'leaked' and are widely available, and whoever owns that IP at this point, is not pursuing protection. I am aware that Caldera ended up with rights of 'UNIX' - certainly through SVR5 -- and they released V1-V7 and 32V under their license (pointed too in the earlier message). However, I am ownsnot aware of who formally owns V8-V10 (I would assume Caldera also but that IP might have stayed with Lucent then Nokia as part of that BTL IP transfer]. Also, did Nokia 'formally' release Plan9 or Inferno -- is there a document like the Caldera one?
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Caldera did those about 10 years prior to V8-V10 being available.
Warner
> I understand UNIX v7 is under this BSD-style license by Caldera Inc.
> https://www.tuhs.org/Archive/Caldera-license.pdf
The eqn document by Kernighan and Cherry also appears in the v10
manual, copyright by AT&T and published as a trade book. Wouldn't the
recent release of v10 also pertain to the manual?
Doug