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.