Re: [TUHS] [COFF] 386BSD released

["Theodore Y. Ts'o" <tytso@mit.edu>]

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sell Unix under its original terms including the AT&T Unpublished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