Path: utzoo!attcan!uunet!lll-winken!lll-tis!ames!mailrus!tut.cis.ohio-state.edu!osu-cis!apr!las
From: las@apr.UUCP (Larry Shurr)
Newsgroups: comp.sys.ibm.pc
Subject: Re: Posting UNIX(R) system source (was: Vi for the PC/XT)
Message-ID: <454@apr.UUCP>
Date: 27 Jun 88 17:21:42 GMT
References: <4943@watcgl.waterloo.edu> <1382@lznv.ATT.COM> <2561@mind.UUCP>
Reply-To: las@apr.UUCP (Larry Shurr)
Distribution: comp
Organization: APR, Columbus, OH
Lines: 28

In article <2561@mind.UUCP> romero@mind.UUCP (Antonio Romero) writes:
>In article <1382@lznv.ATT.COM>, psc@lznv.ATT.COM (Paul S. R. Chisholm) writes:
>> Mortice Kern Systems' MKS/VI is a reimplementation, not a port.  AT&T
>> has taken no stand on this; but then, taking no stand is taking a
>> stand, too, right?

>I thought I heard somewhere that IBM is now, after all these years, talking
>about trying to extract some kind of licensing fees or penalties from
>everyone who ever cloned an IBM PC.  Despite having said nothing for years,
>the theory is that they may well be within their rights in doing so (I happen
>to think they're not, what the hell do I know, I'm no lawyer).
>I seem to remember reading this about a month ago.  I don't recall the
>details; can someone back me up on this, or did I just dream it?

IBM has asserted that it intends to collect 5%-of-revenues royalty from
clone makers who have used IBM patents without liscense to do so.  Now I'm
no lawyer, judge or court, but there is a legal doctrine called "laches"
which may mitigate such claims.  The term refers to negligence or delay in
asserting a legal claim.  Whether or not laches will permit a clone maker
with an x-wing fighter legal budget to defeat IBM's Imperial Star Cruiser
legal department is another matter.

regards, Larry

-- 
Who: Larry A. Shurr (cbosgd!osu-cis!apr!las or try {cbosgd,ihnp4}!cbcp1!las)
What: "The only thing worse than being talked about is not being talked about."
Where: _The Portrait of Dorian Grey_ - Oscar Wilde
Disclaimer: The above is not necessarily the opinion of APR or any APR client.