    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@cs.adfa.oz.au
    Subject: Prehistoric UNIX licenses
    Cc: belal@sco.COM
    Date: Wed, 26 Jun 96 17:20:21 PDT
    Message-Id:  <9606261720.aa14354@mother.sco.com>
    Content-Type: text
    Content-Length: 2623
    Status: ROr

    SCO owns the licensing rights all versions of the UNIX system, or
    so our legal folks tell me.  Now, of course there are many
    derivative, licensed versions, and some of the holders of those
    licenses have rights to sublicense.  In the case of BSD
    enhancements, the Berkeley additions are owned by the Regents of
    the University of California, and I believe the UCB license terms
    are well known.

    As for your friends who have rescued ancient PDP machines...  I
    am confident that SCO would cheerfully encourage them to run UNIX
    on these antiques without any payment to us.  I cant quite
    officially give that permission myself, but I can speculate that
    SCO certainly would not mind.

    So go for it.  Does this help?
    -Dion

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    SCO Product Manager - Development Systems and Various Other Stuff
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    >	From: Warren Toomey <wkt@cs.adfa.oz.au>
    >	Newsgroups:
    >	Subject: Who Owns 7th Edition Unix?
    >	Date: 24 Jun 1996 05:17:14 GMT
    >
    >	As a contact person for information about running UNIX on PDP-11s, I often
    >	get asked for a copy of [6th, 7th, 2.9BSD, 2.11BSD] UNIX. All of the requests
    >	I've had are from single-users who have saved a PDP-11 from the dumpster and
    >	would like to run UNIX on it `just for the hell of it'. In every case, I have
    >	sadly denied the request as they don't have a license. I assume that these
    >	systems are still covered by licences etc., but this begs the questions
    >
    >	    Who owns [6th, 7th, 2.9BSD, 2.11BSD] UNIX? and
    >	    Who can sell licenses for these systems?
    >
    >	I know that HP and SCO have bought the SysVR4 source code from Novell,
    >	and that AT&T is definitely not the legal custodians of the PDP-11 versions,
    >	but exactly who is?
    >
    >	If anybody out there knows who at HP or SCO to talk to, I'd be very grateful
    >	of an email reply with that information. This is all for historical
    perversity,
    >	and I can't imagine anybody doing any commercial work with UNIX on an -11 that
    >	they can't do with Free/NetBSD or Linux on a 386.
    >
    >	Many thanks, and see http://minnie.cs.adfa.oz.au/PUPS/ for more info.
    >
    >	Cheers,
    >		Warren Toomey	wkt@cs.adfa.oz.au
    >
    >	--
    >
    >	Copyright (c) 1995, Warren Toomey. Microsoft Network is prohibited from
    >	redistributing this work in any form, in whole or in part, without a license.
    >	License to distribute this post is available to Microsoft for $1000.
    >	Posting without permission constitutes an agreement to these terms.
    >
    >	--- End of forwarded article from Warren Toomey <wkt@cs.adfa.oz.au>
    >

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: Re: Prehistoric UNIX licenses
    Cc: dionj@sco.COM
    Date: Thu, 27 Jun 96 7:59:48 PDT
    Message-Id:  <9606270759.aa19574@mother.sco.com>
    Content-Type: text
    Content-Length: 2211
    Status: ROr

    If you want it to be an official letter, it's a whole different ballgame.
    I will see what I can find out, but it will take a while.
    Thanks for your interest.

    	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
    	Subject: Re: Prehistoric UNIX licenses
    	To: Dion <dionj@sco.COM>
    	Date: Thu, 27 Jun 1996 11:58:42 +1000 (EST)
    	Cc: Warren Toomey <wkt@cs.adfa.oz.au>

    	In atricle by Dion:
    	>
    	> SCO owns the licensing rights all versions of the UNIX system, or
    	> so our legal folks tell me.  Now, of course there are many
    	> derivative, licensed versions, and some of the holders of those
    	> licenses have rights to sublicense.  In the case of BSD
    	> enhancements, the Berkeley additions are owned by the Regents of
    	> the University of California, and I believe the UCB license terms
    	> are well known.
    	>
    	> As for your friends who have rescued ancient PDP machines...  I
    	> am confident that SCO would cheerfully encourage them to run UNIX
    	> on these antiques without any payment to us.  I cant quite
    	> officially give that permission myself, but I can speculate that
    	> SCO certainly would not mind.
    	>
    	> So go for it.  Does this help?
    	> -Dion

    	Dion, thanks very much for your email, in fact I'm ecstatic! I know this
    	could be a tricky legal minefield, so if possible could SCO draft a letter
    	(and run it past their lawyers) which sets out exactly what you said above.

    	In particular, you said that ``SCO would cheerfully encourage them to run UNIX
    	on these antiques without any payment to us''. Does this mean I can legally
    	distribute the source code to the PDP versions of UNIX, and to anybody? or
    	just to people who own PDP-11s. There are PDP-11 emulators available, so
    	it is conceivable that people who don't even have a real PDP-11 might like
    	to try UNIX out on these emulators. If to anybody, then I assume this means
    	the source is legally owned by SCO but freely distributable?

    	I really appreciate your offer of making these old versions of UNIX
    	available, but given the legal status of the code to this point, I would
    	like to cover myself with an officially blessed and signed document from SCO.
    	Let me know what you can do, and many many thanks again for this!

    	Cheers,
    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: Re: Prehistoric UNIX licenses
    Date: Thu, 27 Jun 96 16:47:35 PDT
    Message-Id:  <9606271647.aa26830@mother.sco.com>
    Content-Type: text
    Content-Length: 1647
    Status: ROr

    Warren,

    I asked our licensing folks back East.  They said there
    is no problem in similar licensees exchanging software among
    themselves.  In other words, your friend who resurrected
    the PDP-11  can be considered a licensee since his machine
    did once have a UNIX license, and if he agrees to
    the same terms as your license states.   And if he is
    therefore also a licensee, you can provide him with
    copies of the software.

    They are not willing to write a letter because they are busy
    writing up real revenue deals.

    I recommend you go ahead and provide the necessary UNIX code to
    your university colleagues who have restored PDP-11s, as needed,
    with the understanding that they are licensees also, as
    deduced by the above rationalization.

    I hope this works well enough.
    -Dion

    	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
    	Subject: Re: Prehistoric UNIX licenses
    	To: Dion <dionj@sco.COM>
    	Date: Fri, 28 Jun 1996 09:34:11 +1000 (EST)
    	Cc: Warren Toomey <wkt@cs.adfa.oz.au>

    	In atricle by Dion:

    	> If you want it to be an official letter, it's a whole different ballgame.
    	> I will see what I can find out, but it will take a while.

    	I can imagine! I think in your original email you meant that SCO wouldn't
    	take legal action against someone who distributed PDP UNIXs, but at the
    	same time SCO wouldn't make it officially legal. Even if I can get a signed
    	statement like that from someone there, that would be good.

    	I don't think you guys are going to let the PDP UNIXs be legally freely
    	redistributable, but perhaps we can reach a middle ground somewhere?!

    	Many thanks for your effort and support in this.

    	Cheers,
    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/06/27
    Return-Path: <wkt>
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    	id AA02723; Thu, 27 Jun 1996 11:58:42 +1000
    From: wkt (Warren Toomey)
    Message-Id: <9606270158.AA02723@dolphin>
    Subject: Re: Prehistoric UNIX licenses
    To: dionj@sco.COM (Dion)
    Date: Thu, 27 Jun 1996 11:58:42 +1000 (EST)
    Cc: wkt (Warren Toomey)
    In-Reply-To:  <9606261720.aa14354@mother.sco.com> from "Dion" at Jun 26, 96 05:20:21 pm
    X-Mailer: ELM [version 2.4 PL24 ME8a]
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    Content-Length: 1814
    Status: RO

    In atricle by Dion:
    >
    > SCO owns the licensing rights all versions of the UNIX system, or
    > so our legal folks tell me.  Now, of course there are many
    > derivative, licensed versions, and some of the holders of those
    > licenses have rights to sublicense.  In the case of BSD
    > enhancements, the Berkeley additions are owned by the Regents of
    > the University of California, and I believe the UCB license terms
    > are well known.
    >
    > As for your friends who have rescued ancient PDP machines...  I
    > am confident that SCO would cheerfully encourage them to run UNIX
    > on these antiques without any payment to us.  I cant quite
    > officially give that permission myself, but I can speculate that
    > SCO certainly would not mind.
    >
    > So go for it.  Does this help?
    > -Dion

    Dion, thanks very much for your email, in fact I'm ecstatic! I know this
    could be a tricky legal minefield, so if possible could SCO draft a letter
    (and run it past their lawyers) which sets out exactly what you said above.

    In particular, you said that ``SCO would cheerfully encourage them to run UNIX
    on these antiques without any payment to us''. Does this mean I can legally
    distribute the source code to the PDP versions of UNIX, and to anybody? or
    just to people who own PDP-11s. There are PDP-11 emulators available, so
    it is conceivable that people who don't even have a real PDP-11 might like
    to try UNIX out on these emulators. If to anybody, then I assume this means
    the source is legally owned by SCO but freely distributable?

    I really appreciate your offer of making these old versions of UNIX
    available, but given the legal status of the code to this point, I would
    like to cover myself with an officially blessed and signed document from SCO.
    Let me know what you can do, and many many thanks again for this!

    Cheers,
    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/06/28
    Return-Path: <wkt>
    Received: by dolphin (5.x/SMI-SVR4)
    	id AA07024; Fri, 28 Jun 1996 09:34:12 +1000
    From: wkt (Warren Toomey)
    Message-Id: <9606272334.AA07024@dolphin>
    Subject: Re: Prehistoric UNIX licenses
    To: dionj@sco.COM (Dion)
    Date: Fri, 28 Jun 1996 09:34:11 +1000 (EST)
    Cc: wkt (Warren Toomey)
    In-Reply-To:  <9606270759.aa19574@mother.sco.com> from "Dion" at Jun 27, 96 07:59:48 am
    X-Mailer: ELM [version 2.4 PL24 ME8a]
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    Status: RO

    In atricle by Dion:
    >
    > If you want it to be an official letter, it's a whole different ballgame.
    > I will see what I can find out, but it will take a while.

    I can imagine! I think in your original email you meant that SCO wouldn't
    take legal action against someone who distributed PDP UNIXs, but at the
    same time SCO wouldn't make it officially legal. Even if I can get a signed
    statement like that from someone there, that would be good.

    I don't think you guys are going to let the PDP UNIXs be legally freely
    redistributable, but perhaps we can reach a middle ground somewhere?!

    Many thanks for your effort and support in this.

    Cheers,
    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/06/29
    Return-Path: <wkt>
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    	id AA14511; Sat, 29 Jun 1996 14:18:20 +1000
    From: wkt (Warren Toomey)
    Message-Id: <9606290418.AA14511@dolphin>
    Subject: Re: Prehistoric UNIX licenses
    To: dionj@sco.COM (Dion)
    Date: Sat, 29 Jun 1996 14:18:20 +1000 (EST)
    Cc: wkt (Warren Toomey)
    In-Reply-To:  <9606271647.aa26830@mother.sco.com> from "Dion" at Jun 27, 96 04:47:35 pm
    X-Mailer: ELM [version 2.4 PL24 ME8a]
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    Status: RO

    In atricle by Dion:
    >
    > Warren,
    > I asked our licensing folks back East.
    > They are not willing to write a letter because they are busy
    > writing up real revenue deals.

    Understandable!

    > I recommend you go ahead and provide the necessary UNIX code to
    > your university colleagues who have restored PDP-11s, as needed,
    > with the understanding that they are licensees also, as
    > deduced by the above rationalization.
    >
    > I hope this works well enough.

    Hmm, it's the people who have never had a license that are the problem.
    I've got, say, six people who have saved PDP-11s from the dump, and they
    would rather run UNIX on them than RT-11. Is there some way that SCO can
    give them the right to use UNIX? Even a cheap ($100?) single-user license
    would probably be good enough, but I guess that's more paperwork for you guys.

    The people who do have licenses (or work for departments with licenses)
    don't have any problems. They've been exchanging software for years now,
    as you pointed out.

    We need a solution that's little or no work for SCO, reasonably cheap
    for the people currently without licenses, and legally above board. I
    know that Peter Salus and John Lions are negotiating for the right to
    publish Lions' commentary on Sixth Edition Unix. Perhaps the SCO folk
    looking at that problem might be persuaded to consider this problem
    too, as they are fairly similar.

    Anyway, I appreciate your help for a situation which isn't going to earn
    SCO anything, and I'm sure you've got other things to look after. But if
    you could keep the pot boiling at your end, that would be great. I
    suspect SCO will get kudos from the Unix community for allowing Lions'
    book to be published, and would earn similar kudos if they made these
    antique UNIX versions available too.

    Thanks for your help!

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/07/01
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: Re: Prehistoric UNIX licenses
    Date: Mon, 1 Jul 96 14:29:25 PDT
    Message-Id:  <9607011429.aa05222@mother.sco.com>
    Content-Type: text
    Content-Length: 2210
    Status: RO

    I will see if the licensing guys will do anything...

    	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Fri Jun 28 21:21:48 1996
    	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
    	Subject: Re: Prehistoric UNIX licenses
    	To: Dion <dionj@sco.COM>
    	Date: Sat, 29 Jun 1996 14:18:20 +1000 (EST)
    	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
    	Status: RO

    	In atricle by Dion:
    	>
    	> Warren,
    	> I asked our licensing folks back East.
    	> They are not willing to write a letter because they are busy
    	> writing up real revenue deals.

    	Understandable!

    	> I recommend you go ahead and provide the necessary UNIX code to
    	> your university colleagues who have restored PDP-11s, as needed,
    	> with the understanding that they are licensees also, as
    	> deduced by the above rationalization.
    	>
    	> I hope this works well enough.

    	Hmm, it's the people who have never had a license that are the problem.
    	I've got, say, six people who have saved PDP-11s from the dump, and they
    	would rather run UNIX on them than RT-11. Is there some way that SCO can
    	give them the right to use UNIX? Even a cheap ($100?) single-user license
    	would probably be good enough, but I guess that's more paperwork for you guys.

    	The people who do have licenses (or work for departments with licenses)
    	don't have any problems. They've been exchanging software for years now,
    	as you pointed out.

    	We need a solution that's little or no work for SCO, reasonably cheap
    	for the people currently without licenses, and legally above board. I
    	know that Peter Salus and John Lions are negotiating for the right to
    	publish Lions' commentary on Sixth Edition Unix. Perhaps the SCO folk
    	looking at that problem might be persuaded to consider this problem
    	too, as they are fairly similar.

    	Anyway, I appreciate your help for a situation which isn't going to earn
    	SCO anything, and I'm sure you've got other things to look after. But if
    	you could keep the pot boiling at your end, that would be great. I
    	suspect SCO will get kudos from the Unix community for allowing Lions'
    	book to be published, and would earn similar kudos if they made these
    	antique UNIX versions available too.

    	Thanks for your help!

    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/07/15
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: Re: PDP Unix - Lions Agreement?
    Date: Mon, 15 Jul 96 13:24:04 PDT
    Message-Id:  <9607151324.aa25415@mother.sco.com>
    Content-Type: text
    Content-Length: 1457
    Status: RO

    Interesting.  I am once again pushing on the bureaucracy
    to see if we can get this permission for you.

    	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Sun Jul 14 17:21:49 1996
    	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
    	Subject: PDP Unix - Lions Agreement?
    	To: dionj@sco.COM
    	Date: Mon, 15 Jul 1996 09:57:12 +1000 (EST)
    	Status: RO

    	Dion,
    		Hi, it's me again. I thought I'd touch base with you on the subject
    	of PDP Unixes. I've just had an interesting email from Peter Salus
    	(peter@usenix.org), who has just negotiated the publication of John Lions'
    	commentary on 6th Edition UNIX (with source code). He says:

    	> The Lions book (which should be out in a few
    	> weeks; it really *is* in production) was negotiated by
    	> me and then ``agreed'' to by Dan Doernberg, the publisher
    	> (dand@commons.ip.portal.com).

    	> Dennis Ritchie and I each wrote to Doug Michels and Mike
    	> Tilson (both VPs at SCO and old UNIX hands) and they
    	> told their lawyers that it was ``OK.''  Thereafter, it
    	> was only a matter of drafting and faxing back and forth.

    	> Why don't you refer Mr. Johnson to Michels and/or
    	> Tilson, referencing the V6 permission?

    	> Peter

    	So it looks like SCO has agreed to the release of PDP UNIX source code,
    	in some form. Perhaps we could use this agreement to work on a way to
    	make PDP UNIX source code available to owners of PDP-11s?

    	Thanks again!

    		Warren		wkt@cs.adfa.oz.au

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: Re: PDP-11 Unix - license agreement?
    Date: Thu, 12 Sep 96 7:50:52 PDT
    Message-Id:  <9609120750.aa11700@mother.sco.com>
    Content-Type: text
    Content-Length: 5338
    Status: RO

    I am pestering the licensing powers again.

    	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Wed Sep 11 20:32:32 1996
    	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
    	Subject: PDP-11 Unix - license agreement?
    	To: dionj@sco.COM
    	Date: Thu, 12 Sep 1996 13:25:40 +1000 (EST)
    	Cc: Warren Toomey <wkt@cs.adfa.oz.au>

    	Dion,
    		A while back I received email from Mike Tilson about the PDP-11
    	versions of Unix. He said that he would like some sort of hobbyist licenses
    	to be avilable for PDP Unixes, but that SCO had to protect their large
    	investment in the intellectal rights to Unix. He said that any license
    	agreement would have to protect these intellectual rights.

    		Just now, I received an email from Bob Supnik, also a PDP-11
    	enthusiast which contains the license agreement from DEC for OS/8.
    	Perhaps something along this line, merged with SCO's standard source
    	code license agreements might fit the bill?

    		Finally, Mike Tilson said that you were doing a great job at
    	representing the interests of the PDP-11 enthusiasts. Many thanks for
    	all your efforts!

    		Cheers & thanks again,

    			Warren	wkt@cs.adfa.oz.au

    	[attached os/8 license]
    	Digital License Agreement

    	This document is your Proof of License and the legal agreement governing your
    	use of the OS/8 software.

    	1 DEFINITION

    	SOFTWARE TECHNOLOGY shall mean the sources and binaries to the OS/8, an
    	operating system that runs on PDP-8 computers.

    	DIGITAL'S INTELLECTUAL PROPERTY RIGHTS shall mean DIGITAL's patent, copyright
    	and trade secret rights in its SOFTWARE TECHNOLOGY.

    	2 LICENSE GRANT

    	Digital grants to Customer a worldwide, non-exclusive, royalty-free license
    	under DIGITAL's INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, use and
    	distribute the SOFTWARE TECHNOLOGY solely for non-commercial uses.

    	3 TECHNOLOGY TRANSFER AND ACCEPTANCE

    	3.1 CUSTOMER acknowledges that it accepts the SOFTWARE TECHNOLOGY "AS IS".

    	3.2 DIGITAL is under no obligation to supply error corrections or updates to
    	the SOFTWARE TECHNOLOGY as they become available, or to provide training,
    	support or consulting for the SOFTWARE TECHNOLOGY.

    	4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY

    	DIGITAL DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE TECHNOLOGY
    	LICENSED TO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF
    	MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL DIGITAL BE LIABLE FOR ANY
    	SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
    	RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
    	CONTRACT, NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER TORTIOUS
    	ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY
    	SOFTWARE TECHNOLOGY LICENSE HEREUNDER.

    	5 INDEMNITY

    	CUSTOMER will hold DIGITAL harmless against all liabilities, demands,
    	damages, expenses, or losses arising out of use by CUSTOMER of SOFTWARE
    	TECHNOLOGY or information furnished under this Agreement.

    	6 TERM AND TERMINATION

    	6.1 This Agreement shall be effective until otherwise terminated.
    	Either party may terminate this Agreement at any time upon 30 days written
    	notice.

    	6.2 If CUSTOMER shall fail to perform or observe any of the terms and
    	conditions to be performed or observed by it under this Agreement, DIGITAL
    	may in its sole discretion thereafter elect to terminate this Agreement, and
    	this Agreement and all the obligations owed and rights granted herein to
    	CUSTOMER shall immediately terminate.

    	6.3 The parties agree that the termination of this Agreement shall not
    	release either party from any other liability which shall have accrued to the
    	other party at the time such termination becomes effective, nor affect in any
    	manner the survival of any right, duty or obligation of either party.

    	6.4 In the event of any termination of this Agreement for any reason,
    	CUSTOMER shall delete all original and all whole or partial copies and
    	derivatives of the SOFTWARE TECHNOLOGY provided to CUSTOMER under this
    	Agreement.

    	CUSTOMER further shall cease to use and distribute the SOFTWARE TECHNOLOGY
    	in all forms immediately upon the date of termination.

    	7 GENERAL TERMS

    	7.1 This Agreement shall be governed by the laws of the Commonwealth of
    	Massachusetts.

    	7.2 This Agreement imposes personal obligations on CUSTOMER. CUSTOMER shall
    	not assign any rights under this Agreement not specifically transferable by
    	its terms without the written consent of DIGITAL.

    	7.3 The SOFTWARE TECHNOLOGY obtained under this Agreement may be subject to
    	US and other government export control regulations. CUSTOMER assures that it
    	will comply with these regulations whenever it exports or re-exports a
    	controlled product or technical data obtained from DIGITAL or any product
    	produced directly from the SOFTWARE TECHNOLOGY.

    	7.4 The waiver of a breach hereunder may be effected only by a writing signed
    	by the waiving party and shall not constitute a waiver of any other breach.

    	7.5 CUSTOMER acknowledges that he has read this Agreement, understands it and
    	agrees to be bound by its term and further agrees that it is the complete and
    	exclusive statement of the Agreement between the parties which supersedes all
    	communications and understanding between the parties relating to the subject
    	matter of this Agreement.

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/09/12
    Return-Path: <dionj@sco.COM>
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: source licenses
    Date: Thu, 12 Sep 96 12:47:31 PDT
    Message-Id:  <9609121247.aa16451@mother.sco.com>
    Content-Type: text
    Content-Length: 996
    Status: ROr

    Greetings, Warren,

    This is the conclusion after considerable discussion here.

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/09/12
    Return-Path: <wkt>
    Received: by dolphin (5.x/SMI-SVR4)
    	id AA21707; Thu, 12 Sep 1996 13:25:40 +1000
    From: wkt (Warren Toomey)
    Message-Id: <9609120325.AA21707@dolphin>
    Subject: PDP-11 Unix - license agreement?
    To: dionj@sco.COM
    Date: Thu, 12 Sep 1996 13:25:40 +1000 (EST)
    Cc: wkt (Warren Toomey)
    In-Reply-To: <c=US%a=_%p=Digital%l=CST-960911125958Z-244@cst.ljo.dec.com> from "Bob Supnik" at Sep 11, 96 08:59:58 am
    X-Mailer: ELM [version 2.4 PL24 ME8a]
    Mime-Version: 1.0
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    Content-Type: text/plain; charset=US-ASCII
    Content-Length: 4880
    Status: RO

    Dion,
    	A while back I received email from Mike Tilson about the PDP-11
    versions of Unix. He said that he would like some sort of hobbyist licenses
    to be avilable for PDP Unixes, but that SCO had to protect their large
    investment in the intellectal rights to Unix. He said that any license
    agreement would have to protect these intellectual rights.

    	Just now, I received an email from Bob Supnik, also a PDP-11
    enthusiast which contains the license agreement from DEC for OS/8.
    Perhaps something along this line, merged with SCO's standard source
    code license agreements might fit the bill?

    	Finally, Mike Tilson said that you were doing a great job at
    representing the interests of the PDP-11 enthusiasts. Many thanks for
    all your efforts!

    	Cheers & thanks again,

    		Warren	wkt@cs.adfa.oz.au

    [attached os/8 license]
    Digital License Agreement

    This document is your Proof of License and the legal agreement governing your
    use of the OS/8 software.

    1 DEFINITION

    SOFTWARE TECHNOLOGY shall mean the sources and binaries to the OS/8, an
    operating system that runs on PDP-8 computers.

    DIGITAL'S INTELLECTUAL PROPERTY RIGHTS shall mean DIGITAL's patent, copyright
    and trade secret rights in its SOFTWARE TECHNOLOGY.

    2 LICENSE GRANT

    Digital grants to Customer a worldwide, non-exclusive, royalty-free license
    under DIGITAL's INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, use and
    distribute the SOFTWARE TECHNOLOGY solely for non-commercial uses.

    3 TECHNOLOGY TRANSFER AND ACCEPTANCE

    3.1 CUSTOMER acknowledges that it accepts the SOFTWARE TECHNOLOGY "AS IS".

    3.2 DIGITAL is under no obligation to supply error corrections or updates to
    the SOFTWARE TECHNOLOGY as they become available, or to provide training,
    support or consulting for the SOFTWARE TECHNOLOGY.

    4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY

    DIGITAL DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE TECHNOLOGY
    LICENSED TO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF
    MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL DIGITAL BE LIABLE FOR ANY
    SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
    RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
    CONTRACT, NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER TORTIOUS
    ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY
    SOFTWARE TECHNOLOGY LICENSE HEREUNDER.

    5 INDEMNITY

    CUSTOMER will hold DIGITAL harmless against all liabilities, demands,
    damages, expenses, or losses arising out of use by CUSTOMER of SOFTWARE
    TECHNOLOGY or information furnished under this Agreement.

    6 TERM AND TERMINATION

    6.1 This Agreement shall be effective until otherwise terminated.
    Either party may terminate this Agreement at any time upon 30 days written
    notice.

    6.2 If CUSTOMER shall fail to perform or observe any of the terms and
    conditions to be performed or observed by it under this Agreement, DIGITAL
    may in its sole discretion thereafter elect to terminate this Agreement, and
    this Agreement and all the obligations owed and rights granted herein to
    CUSTOMER shall immediately terminate.

    6.3 The parties agree that the termination of this Agreement shall not
    release either party from any other liability which shall have accrued to the
    other party at the time such termination becomes effective, nor affect in any
    manner the survival of any right, duty or obligation of either party.

    6.4 In the event of any termination of this Agreement for any reason,
    CUSTOMER shall delete all original and all whole or partial copies and
    derivatives of the SOFTWARE TECHNOLOGY provided to CUSTOMER under this
    Agreement.

    CUSTOMER further shall cease to use and distribute the SOFTWARE TECHNOLOGY
    in all forms immediately upon the date of termination.

    7 GENERAL TERMS

    7.1 This Agreement shall be governed by the laws of the Commonwealth of
    Massachusetts.

    7.2 This Agreement imposes personal obligations on CUSTOMER. CUSTOMER shall
    not assign any rights under this Agreement not specifically transferable by
    its terms without the written consent of DIGITAL.

    7.3 The SOFTWARE TECHNOLOGY obtained under this Agreement may be subject to
    US and other government export control regulations. CUSTOMER assures that it
    will comply with these regulations whenever it exports or re-exports a
    controlled product or technical data obtained from DIGITAL or any product
    produced directly from the SOFTWARE TECHNOLOGY.

    7.4 The waiver of a breach hereunder may be effected only by a writing signed
    by the waiving party and shall not constitute a waiver of any other breach.

    7.5 CUSTOMER acknowledges that he has read this Agreement, understands it and
    agrees to be bound by its term and further agrees that it is the complete and
    exclusive statement of the Agreement between the parties which supersedes all
    communications and understanding between the parties relating to the subject
    matter of this Agreement.

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/10/01
    Return-Path: <dionj@sco.COM>
    Received: from sco.sco.COM by csadfa.cs.adfa.oz.au (5.x/SMI-SVR4)
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              1 Oct 96 16:33 PDT
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              1 Oct 96 16:33 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: Re: source licenses
    Cc: dionj@sco.COM
    Date: Tue, 1 Oct 96 16:33:31 PDT
    Message-Id:  <9610011633.aa20989@mother.sco.com>
    Content-Type: text
    Content-Length: 3218
    Status: ROr

    I appreciate your persistence.  Very much in the UNIX tradition. :-)

    Comments below.

    	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
    	Subject: Re: source licenses
    	To: Dion <dionj@sco.COM>
    	Date: Wed, 2 Oct 1996 09:13:58 +1000 (EST)
    	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
    	In-Reply-To:  <9609121247.aa16451@mother.sco.com> from "Dion" at Sep 12, 96 12:47:31 pm

    	In atricle by Dion:
    	>
    	> Greetings, Warren,
    	>
    	> This is the conclusion after considerable discussion here.
    	>
    	> From a legal standpoint, for the kind of license you want, there
    	> is still too much risk of exposure of parts of the UNIX source
    	> code that, even after all these years, is still under trade
    	> secret protection.  Bear in mind that if we reliquish trade
    	> secret protection for certain techniques and processes that
    	> exist in the old version, it would also impact the claims
    	> of protection in current product.
    	>
    	> We might consider offering a binary license for old versions of
    	> the UNIX System.  This would be accomplished by modifying the
    	> form of the Digital license for the 0S/8.  We might be able to
    	> offer something like that if you think it would help.
    	>
    	> But source code looks like a no-go.

    	Thanks for the email Dion, I guess a binary-only license would be
    	better than nothing.  However, I had an idea last night.

    	I assume SCO sells source licenses for SysVR4.2 (or whatever the
    	current version is).  SCO must believe that the license protects
    	their intellectual property in SysVR4.2.

    That's right; we do.

    	Take that license & replace `SysVR4.2 UNIX' with `5th, 6th & 7th
    	Edition UNIX'.  Now, does this modified source license protect
    	SCO's intellectual property which is in 5th, 6th & 7th Edition
    	UNIX?  If so, then would SCO agree to sell this source license?

     Certainly.

    	I assume that the price tag is not written into the SysVR4.2
    	source license, and so changing the cost of a `5th, 6th & 7th
    	Edition UNIX' source license would not be too much of a problem.

    Right again.

    	Can you let me know if there are any problems with this approach?

    We are willing to sell you a source license, provided we make
    enough money to cover the cost of writing up a license agreement,
    getting signatures, etc.  Probably costs us a few hundred dollars
    of legal and processing time.  Or maybe we would just consider that
    a donation to the good of the UNIX culture.

    But the issue is that this license does not give you the right to
    provide that source code to anyone else, which is what you want
    to do.  In other words, you are not licensed to SUBLICENSE the
    source.

    Now you could argue that we could and should provide this source
    license directly to your various friends who want to get the
    source code.  OK, we might be able to do this (if volume were
    not excessive) but there would have to be a license for each
    one, which (as I recall) violated your desire to be able to
    supply the source code easily and directly from your site.

    Does this make sense?
    -Dion
    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    SCO Product Manager - Development Systems and Various Other Stuff
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/10/02
    Return-Path: <wkt>
    Received: by dolphin (5.x/SMI-SVR4)
    	id AA01743; Wed, 2 Oct 1996 09:13:58 +1000
    From: wkt (Warren Toomey)
    Message-Id: <9610012313.AA01743@dolphin>
    Subject: Re: source licenses
    To: dionj@sco.COM (Dion)
    Date: Wed, 2 Oct 1996 09:13:58 +1000 (EST)
    Cc: wkt (Warren Toomey)
    In-Reply-To:  <9609121247.aa16451@mother.sco.com> from "Dion" at Sep 12, 96 12:47:31 pm
    X-Mailer: ELM [version 2.4 PL24 ME8a]
    Mime-Version: 1.0
    Content-Transfer-Encoding: 7bit
    Content-Type: text/plain; charset=US-ASCII
    Content-Length:  1649
    Status: RO

    In atricle by Dion:
    >
    > Greetings, Warren,
    >
    > This is the conclusion after considerable discussion here.
    >
    > From a legal standpoint, for the kind of license you want, there
    > is still too much risk of exposure of parts of the UNIX source
    > code that, even after all these years, is still under trade
    > secret protection.  Bear in mind that if we reliquish trade
    > secret protection for certain techniques and processes that
    > exist in the old version, it would also impact the claims
    > of protection in current product.
    >
    > We might consider offering a binary license for old versions of
    > the UNIX System.  This would be accomplished by modifying the
    > form of the Digital license for the 0S/8.  We might be able to
    > offer something like that if you think it would help.
    >
    > But source code looks like a no-go.

    Thanks for the email Dion, I guess a binary-only license would be better
    than nothing. However, I had an idea last night.

    I assume SCO sells source licenses for SysVR4.2 (or whatever the current
    version is). SCO must believe that the license protects their intellectual
    property in SysVR4.2.

    Take that license & replace `SysVR4.2 UNIX' with `5th, 6th & 7th Edition UNIX'.
    Now, does this modified source license protect SCO's intellectual property
    which is in 5th, 6th & 7th Edition UNIX? If so, then would SCO agree to sell
    this source license?

    I assume that the price tag is not written into the SysVR4.2 source license,
    and so changing the cost of a `5th, 6th & 7th Edition UNIX' source license
    would not be too much of a problem.

    Can you let me know if there are any problems with this approach?

    Thanks again!

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/10/18
    Return-Path: <dionj@sco.COM>
    Received: from sco.sco.COM by csadfa.cs.adfa.oz.au (5.x/SMI-SVR4)
    	id AA22895; Sat, 19 Oct 1996 01:17:28 +1000
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              18 Oct 96 8:18 PDT
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              18 Oct 96 8:19 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: Re: source licenses
    Date: Fri, 18 Oct 96 8:18:52 PDT
    Message-Id:  <9610180818.aa10064@mother.sco.com>
    Content-Type: text
    Content-Length: 2473
    Status: ROr

    There is no problem with providing YOU with a source license.
    Nor is there any problem with providing a source license to EACH
    of your friends who want that code, except for the administrative
    expense of doing so.

    The problem is that source code cannot be sublicensed.  That is,
    once you have it, you are not allowed to provide it to anyone
    else.   And this is what you want to do.

    	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Tue Oct  1 16:22:34 1996
    	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
    	Subject: Re: source licenses
    	To: Dion <dionj@sco.COM>
    	Date: Wed, 2 Oct 1996 09:13:58 +1000 (EST)
    	Cc: Warren Toomey <wkt@cs.adfa.oz.au>
    	In-Reply-To:  <9609121247.aa16451@mother.sco.com> from "Dion" at Sep 12, 96 12:47:31 pm
    	Status: RO

    	In atricle by Dion:
    	>
    	> Greetings, Warren,
    	>
    	> This is the conclusion after considerable discussion here.
    	>
    	> From a legal standpoint, for the kind of license you want, there
    	> is still too much risk of exposure of parts of the UNIX source
    	> code that, even after all these years, is still under trade
    	> secret protection.  Bear in mind that if we reliquish trade
    	> secret protection for certain techniques and processes that
    	> exist in the old version, it would also impact the claims
    	> of protection in current product.
    	>
    	> We might consider offering a binary license for old versions of
    	> the UNIX System.  This would be accomplished by modifying the
    	> form of the Digital license for the 0S/8.  We might be able to
    	> offer something like that if you think it would help.
    	>
    	> But source code looks like a no-go.

    	Thanks for the email Dion, I guess a binary-only license would be
    	better than nothing.  However, I had an idea last night.

    	I assume SCO sells source licenses for SysVR4.2 (or whatever the
    	current version is).  SCO must believe that the license protects
    	their intellectual property in SysVR4.2.

    	Take that license & replace `SysVR4.2 UNIX' with `5th, 6th & 7th
    	Edition UNIX'.  Now, does this modified source license protect
    	SCO's intellectual property which is in 5th, 6th & 7th Edition
    	UNIX?  If so, then would SCO agree to sell this source license?

    	I assume that the price tag is not written into the SysVR4.2
    	source license, and so changing the cost of a `5th, 6th & 7th
    	Edition UNIX' source license would not be too much of a problem.

    	Can you let me know if there are any problems with this approach?

    	Thanks again!

    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/10/21
    Return-Path: <dionj@sco.COM>
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              21 Oct 96 14:46 PDT
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              21 Oct 96 14:46 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: Re: source licenses
    Date: Mon, 21 Oct 96 14:46:14 PDT
    Message-Id:  <9610211446.aa06461@mother.sco.com>
    Content-Type: text
    Content-Length: 4235
    Status: ROr

    Earlier, you said you wanted to distribute this source.
    The problem is back to where we started.  We dont want to
    distribute/license this source because it is costly and
    I want our licensing/sales people to be doing other things.
    And our legal people say that you cant sublicense (distribute)
    it.  So we can give YOU a license, but you cant give a license
    to anyone else.  And we do not want to provide licenses to
    all your friends.

       From dionj Thu Jun 27 07:59:48 1996
       From: dionj@sco.com (Dion)
       To: wkt@csadfa.cs.adfa.oz.au
       Subject: Re: Prehistoric UNIX licenses
       Cc: dionj
       Date: Thu, 27 Jun 96 7:59:48 PDT

       If you want it to be an official letter, it's a whole different ballgame.
       I will see what I can find out, but it will take a while.
       Thanks for your interest.

       	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
       	Subject: Re: Prehistoric UNIX licenses
       	To: Dion <dionj@sco.COM>
       	Date: Thu, 27 Jun 1996 11:58:42 +1000 (EST)
       	Cc: Warren Toomey <wkt@cs.adfa.oz.au>

       	In atricle by Dion:
       	>
       	> SCO owns the licensing rights all versions of the UNIX system, or
       	> so our legal folks tell me.  Now, of course there are many
       	> derivative, licensed versions, and some of the holders of those
       	> licenses have rights to sublicense.  In the case of BSD
       	> enhancements, the Berkeley additions are owned by the Regents of
       	> the University of California, and I believe the UCB license terms
       	> are well known.
       	>
       	> As for your friends who have rescued ancient PDP machines...  I
       	> am confident that SCO would cheerfully encourage them to run UNIX
       	> on these antiques without any payment to us.  I cant quite
       	> officially give that permission myself, but I can speculate that
       	> SCO certainly would not mind.
       	>
       	> So go for it.  Does this help?
       	> -Dion

       	Dion, thanks very much for your email, in fact I'm ecstatic! I know this
       	could be a tricky legal minefield, so if possible could SCO draft a letter
       	(and run it past their lawyers) which sets out exactly what you said above.

       	In particular, you said that ``SCO would cheerfully encourage them to run UNIX
       	on these antiques without any payment to us''. Does this mean I can legally
       	distribute the source code to the PDP versions of UNIX, and to anybody? or
       	just to people who own PDP-11s. There are PDP-11 emulators available, so
       	it is conceivable that people who don't even have a real PDP-11 might like
       	to try UNIX out on these emulators. If to anybody, then I assume this means
       	the source is legally owned by SCO but freely distributable?

       	I really appreciate your offer of making these old versions of UNIX
       	available, but given the legal status of the code to this point, I would
       	like to cover myself with an officially blessed and signed document from SCO.
       	Let me know what you can do, and many many thanks again for this!

       	Cheers,
       		Warren

    our recent mail:
       	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Fri Oct 18 17:37:06 1996
       	From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
       	Subject: Re: source licenses
       	To: Dion <dionj@sco.COM>
       	Date: Sat, 19 Oct 1996 10:31:45 +1000 (EST)
       	In-Reply-To:  <9610180818.aa10064@mother.sco.com> from "Dion" at Oct 18, 96 08:18:52 am

       	In atricle by Dion:
       	>
       	>
       	> There is no problem with providing YOU with a source license.
       	> Nor is there any problem with providing a source license to EACH
       	> of your friends who want that code, except for the administrative
       	> expense of doing so.
       	>
       	> The problem is that source code cannot be sublicensed.  That is,
       	> once you have it, you are not allowed to provide it to anyone
       	> else.   And this is what you want to do.

       	Argh! No, I don't want to provide it to anyone else, I just want anyone
       	else to be able to get it. Being able to obtain a source license from
       	SCO would be a perfect solution. Believe me, if SCO made source licenses
       	available, I'd be a completely happy person :-)

       	Would SCO make a non-redistributable PDP-11 Unix source license available?

       	Thanks!
       		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/11/25
    Return-Path: <mike@sco.COM>
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    From: Michael Tilson <mike@sco.COM>
    To: wkt@csadfa.cs.adfa.oz.au, dionj@sco.COM
    Subject: Survey Results on PDP-11 Unix License
    X-Mailer: SCO Shell
    Date: Mon, 25 Nov 1996 9:22:49 -0800 (PST)
    Message-Id:  <9611250922.aa14005@novasco.sco.com>
    Content-Type: text
    Content-Length: 2877
    Status: RO

    I personally think this would be a nice thing to do.  As I explained
    in earlier e-mail, I think there are a number of issues that would
    require considerably more thought than the effort that went into
    releasing the Lions book, as this deals with a core of UNIX that is
    still of value even today (I guess the original authors did a pretty
    good job!)

    It would be our product development people who would make such a call.
    Dion would be the best person to locate the "right party".  Given the
    stress our PD organization is under as we ramp up to our Gemini
    release (and this includes stress in the legal and contract
    negotiating staff as well) I would have to caution that this has a
    small probability of happening any time soon.  The issue isn't that
    people are willing to pay a handling/licensing fee, but rather just
    the attention needed to do this right (without risk to our core
    business of UNIX systems) versus the other demands on people's time.
    I'm not saying this to dampen your enthusiasm, I'd just hate to see
    those 50 people feeling disappointed because their expectations
    weren't set properly.

    As I said, it would be nice for this to happen in some way, and when
    and if the right people in the development organization become
    engaged, I'd be happy to provide advice to them.

    > From sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Sun Nov 24 17:33:37 1996
    > From: Warren Toomey <wkt@csadfa.cs.adfa.oz.au>
    > Message-Id: <9611250123.AA08724@dolphin>
    > Subject: Survey Results on PDP-11 Unix License
    > To: mike@sco.com, dionj@sco.com
    > Date: Mon, 25 Nov 1996 12:23:34 +1100 (EST)
    > X-Mailer: ELM [version 2.4 PL24 ME8a]
    > Mime-Version: 1.0
    > Content-Type: text/plain; charset=US-ASCII
    > Content-Transfer-Encoding: 7bit

    > Mike, Dion,

    >       I hope you don't mind me bothering you again. I'm running a survey
    > to find out who would buy individual PDP-11 Unix licenses from SCO. The
    > questionnaire and the results are at http://minnie.cs.adfa.oz.au/PUPS/

    > A quick summary of the 50 submissions is that people would be prepared to
    > pay around US$200 for a source license to PDP-11 Unix. Preferences are
    > for full source code (not kernel-only), with v6, v7 & 2BSD being most popular.
    > People would agree to no license resale, no source redistribution and
    > non-commercial use, with a 50/50 split as to whether a single-user license
    > would be ok or not.

    > Given the availability of the Lions Commentary (and I've emailed Peter Salus
    > to find out how well the book is selling), I think that more & more people
    > will be interested in obtaining an on-line copy of the source.

    > If you would like me to put any other questions into the survey, I'd be more
    > than glad to!

    > Thanks again for your time.

    >       Warren  wkt@cs.adfa.oz.au
    --------------------------------------------------------------------------------
    //Michael Tilson

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1996/12/03
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    Date: Tue, 03 Dec 1996 11:23:13 -0800
    To: wkt@cs.adfa.oz.au
    From: Michael Tilson <mike@sco.COM>
    Subject: fyi; Simulator 2.2d release with demonstration software
    Cc: dionj@sco.COM
    Content-Type: text/plain; charset="us-ascii"
    Content-Length: 3946
    Status: ROr

    You may be interested to learn that SCO has licensed PDP-11 UNIX binary
    distributions for personal non-commercial education purposes, for Fifth,
    Sixth, and Seventh Edition versions of UNIX for the PDP-11.  While this is
    not source code, it certainly seems of interest to PUPS members.  Hope this
    helps.

    >>>From: Bob Supnik <bob.supnik@ljo.dec.com>
    >>>To: ...
    >>>Date: Mon, 2 Dec 1996 19:56:40 -0500
    >>>
    >>>This notice is being posted today in relevant Usenet conferences.
    >>> Thanks for your help in reaching a major milestone!
    >>>
    >>>Computer History Simulators V2.2d: Release Notes
    >>>
    >>>V2.2d is a major release of the simulators for the Computer History
    >>>project.  It includes simulators for:
    >>>
    >>>	- Data General Nova
    >>>	- Digital Equipment Corporation PDP-8
    >>>	- Digital Equipment Corporation PDP-11
    >>>	- Digital Equipment Corporation 18b PDP's
    >>>	  (PDP-4, PDP-7, PDP-9, PDP-15)
    >>>	- IBM 1401
    >>>
    >>>These simulators are freeware.  They are intended for personal or
    >>>educational use and are provided on an as-is basis.  Support is not
    >>>available, and commercial use is prohibited.  See the documentation
    >>>for debug status for each simulator.
    >>>
    >>>This release also includes demonstration software for the PDP-8,
    >>>PDP-11, and Nova:
    >>>
    >>>	- RDOS V7.5 for the Nova
    >>>	- OS/8 for the PDP-8
    >>>	- UNIX V5, V6, and V7 for the PDP-11
    >>>
    >>>The demonstration software is provided for personal, non-commercial
    >>>use, under license from its current owners (Data General for RDOS,
    >>>Digital Equipment Corporation for OS/8, and the Santa Cruz Operation
    >>>for UNIX).  Please be sure to read the license agreements before using
    >>>or distributing the demonstration software.  A copy of the appropriate
    >>>license agreement(s) must be included with any copy of the
    >>>demonstration software.  I gratefully acknowledge the generous help
    >>>and support of Data General Corporation, Digital Equipment
    >>>Corporation, and the Santa Cruz Organization in making the
    >>>demonstration software and supporting license agreements available.
    >>>
    >>>The simulator sources and documentation are contained in a compressed
    >>>tar archive on the public FTP server ftp.digital.com:
    >>>
    >>>	/pub/DEC/sim/sources/sim_2.2d.tar.Z
    >>>
    >>>The simulators have been tested under Digital UNIX, VAX VMS, Alpha
    >>>VMS, and Intel Linux.  A port to Windows 95/Windows NT is underway.
    >>> Porting to other little-endian UNIX systems is straightforward, but
    >>>porting to big-endian systems is not: data representations are endian
    >>>dependent.
    >>>
    >>>The demonstration software and licenses are contained in multiple
    >>>compressed tar archives on the public FTP server ftp.digital.com:
    >>>
    >>>	/pub/DEC/sim/software/rdosswre.tar.Z	- RDOS
    >>>	/pub/DEC/sim/software/os8swre.tar.Z	- OS/8
    >>>	/pub/DEC/sim/software/uv5swre.tar.Z	- UNIX V5
    >>>	/pub/DEC/sim/software/uv6swre.tar.Z	- UNIX V6
    >>>	/pub/DEC/sim/software/uv7swre.tar.Z	- UNIX V7
    >>>
    >>>(Very) cursory instructions for using the demonstration software are
    >>>included in the simulator documentation.
    >>>
    >>>The simulator project includes many contributions.  For a more
    >>>detailed description of the simulator itself, and the many people who
    >>>helped with it, please see the (forthcoming) December 96 issue of the
    >>>Digital Technical Journal, which has an article on "Restoring Old
    >>>Computers" by Max Burnet and Bob Supnik.
    >>>
    >>>YOU can contribute to the computer history project!  The simulator is
    >>>an open-ended framework, and contributions are welcome, such as:
    >>>
    >>>	- further debuging of the existing simulators
    >>>	- additional peripherals for existing simulators
    >>>	- new software images for existing simulators
    >>>	- new simulators
    >>>	- terminal emulation routines for Windows 95/Windows NT
    >>>	- ports to other operating environments
    >>>
    >>>Please send your contributions to bob.supnik@ljo.dec.com.
    >>>

    // Michael Tilson, CIO
    // SCO, +1-408-429-4889

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/01/24
    Return-Path: <dionj@sco.COM>
    Received: from sco.sco.COM by csadfa.cs.adfa.oz.au (5.x/SMI-SVR4)
    	id AA23445; Sat, 25 Jan 1997 10:40:02 +1100
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              24 Jan 97 15:38 PST
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              24 Jan 97 15:40 PST
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@csadfa.cs.adfa.oz.au
    Subject: PDP 11 binaries available
    Date: Fri, 24 Jan 97 15:40:46 PST
    Message-Id:  <9701241540.aa15811@mother.sco.com>
    Content-Type: text
    Content-Length: 681
    Status: ROr

    I guess you know about this?
    -Dion

    	From: Bob Supnik <bob.supnik@ljo.dec.com>
    	To: 'Dion' <dionj@sco.COM>
    	Subject: RE: licenses/available of geriatric UNIX releases
    	Date: Thu, 2 Jan 1997 17:12:02 -0500

    	SCO, thanks to Scott, granted hobbyists worldwide a binary license to
    	use UNIX V5, V6, and V7 for the PDP-11.  The licenses, the disk images
    	that go with them, and the simulator that runs them can all be found
    	on

    	ftp://ftp.digital.com/pub/DEC/sim/{software,sources}

    	The information is self explanatory (I hope!).  Note that the licenses
    	do NOT include sources; however, a book of the V6 sources has been
    	published recently.

    	/Bob Supnik

    	----------

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/01/26
    Return-Path: <wkt>
    Received: by dolphin (5.x/SMI-SVR4)
    	id AA20919; Sun, 26 Jan 1997 11:09:10 +1100
    From: wkt (Warren Toomey)
    Message-Id: <9701260009.AA20919@dolphin>
    Subject: Re: PDP 11 binaries available
    To: dionj@sco.COM (Dion)
    Date: Sun, 26 Jan 1997 11:09:10 +1100 (EST)
    Cc: wkt (Warren Toomey)
    In-Reply-To:  <9701241540.aa15811@mother.sco.com> from "Dion" at Jan 24, 97 03:40:46 pm
    X-Mailer: ELM [version 2.4 PL24 ME8a]
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    Status: O

    In atricle by Dion:
    > I guess you know about this? [SCO binary licenses for v5,v6,v7]
    > -Dion

    I sure do. I don't know who at SCO helped get this done but my (and many
    others) thanks for their effort! There's about 70 people interested in
    paying for src licenses, as shown by the survey results at
    http://minnie.cs.adfa.oz.au/PUPS/

    I'm getting Dan ???, who publishes the Lions Commentary, to point his
    web pages at the URL above, so perhaps more people will fill in the survey;
    he reports thousands of copies of the book have been sold.

    So I think that there is some interest in cheap source licenses. I know
    you guys are always busy, but it'd be great to get something worked out
    soon.

    Thanks for the email Dion. Hope you had a good Christmas/New Year's break!

    Catch you again,

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/07/01
    Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id FAA16254 for <wkt@henry.cs.adfa.oz.au>; Wed, 2 Jul 1997 05:02:14 +1000 (EST)
    Received: from tahoe.pdev.sco.com by sco.sco.COM id ab00212; 1 Jul 97 11:34 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@henry.cs.adfa.oz.au
    Subject: Re: Petition for PDP-11 Source Code Licenses
    Cc: dseagrav@bsdserver.tek-star.net, johnb@sco.COM, levine@sco.COM, pr@sco.COM,
            wjm@sco.COM
    Date: Tue, 1 Jul 97 11:25:19 PDT
    Message-ID:  <9707011125.aa20765@tahoe.pdev.sco.com>
    Status: ROr

    An excellent idea!  Thanks for letting me know.

    I will certainly be your advocate on this.

    I just got another request from a guy whom I will
    copy here so he can participate. :-)

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Internet Way of Computing - Java - Technical Tools
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    	From sco.sco.com!henry.cs.adfa.oz.au!wkt Mon Jun 30 18:51:46 1997
    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Subject: Petition for PDP-11 Source Code Licenses
    	To: dionj@sco.com
    	Date: Tue, 1 Jul 1997 11:04:36 +1000 (EST)

    	Hi Dion,
    	I thought I should let you know that I'm organising a formal petition
    	to SCO about PDP-11 UNIX source code licenses, rather than perpetually
    	hassling you about it. The in-progress petition is at

    		http://minnie.cs.adfa.oz.au/PUPS/petition.html

    	and your comments on it are very much appreciated. We really want to work
    	with SCO on this & appreciate SCO's efforts to date with the Lions Book
    	and the binary licenses to 5th, 6th and 7th Edition.

    	At a later date, when the petition's ``fully signed'', we will make a
    	formal presentation of the petition to SCO.

    	Cheers,
    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/07/01
    Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id KAA16786 for <wkt@henry.cs.adfa.oz.au>; Wed, 2 Jul 1997 10:05:27 +1000 (EST)
    Received: from tahoe.pdev.sco.com by sco.sco.COM id aa14009; 1 Jul 97 16:43 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@henry.cs.adfa.oz.au
    Subject: Re: Petition for PDP-11 Source Code Licenses
    Cc: johnb@sco.COM, levine@sco.COM, wjm@sco.COM
    Date: Tue, 1 Jul 97 16:34:23 PDT
    Message-ID:  <9707011634.aa17367@tahoe.pdev.sco.com>
    Status: ROr

    I think SCO's legal dept has a concern that we do not want
    to lose trade secret status or control of certain technologies
    and intellectual property that may be in this source code.

    Trade secret law provides that we must make certain kinds
    of protections for our technology.  We cant just give away
    freely because it loses secrecy.  We can provide it under
    a suitable license because the license agreement can
    embody the necessary protections.

    In other words, we are happy for you guys to have this source
    code (possibly with some nominal payment that helps cover our
    costs) but we dont want to lose any legal control of the
    "secrets".  It may be that we (SCO) still have obligations
    inherited from other, ancient contracts with various technology
    suppliers about such matters, etc.

    Looking at your proposed license terms (strictly an amateur
    review; I am not a lawyer :-) I think they seem very fair and
    plausible.  I will see if our legal staff can find time to
    research this.  I agree that it would certainly be an excellent
    PR action for SCO to take, as the flag carrier of the UNIX
    heritage.

    -Dion
    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Internet Way of Computing - Java - Technical Tools
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    	From sco.sco.com!henry.cs.adfa.oz.au!wkt Tue Jul  1 16:11:10 1997
    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Subject: Re: Petition for PDP-11 Source Code Licenses
    	To: Dion <dionj@sco.com>
    	Date: Wed, 2 Jul 1997 08:52:26 +1000 (EST)
    	Cc: dseagrav@bsdserver.tek-star.net, johnb@sco.com, levine@sco.com,
    	    pr@sco.com, wjm@sco.com

    	In atricle by Dion:
    		[ re my petition for PDP-11 UNIX source licenses ]
    	> An excellent idea!  Thanks for letting me know.
    	> I will certainly be your advocate on this.
    	> I just got another request from a guy whom I will
    	> copy here so he can participate. :-)
    	>
    	> Dion

    	Thanks for your reply Dion, and send constructive criticism! We'd like to
    	know what sort of things SCO would like to see in such a source license.

    	Cheers,
    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/07/01
    Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id LAA15241; Tue, 1 Jul 1997 11:04:36 +1000 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199707010104.LAA15241@henry.cs.adfa.oz.au>
    Subject: Petition for PDP-11 Source Code Licenses
    To: dionj@sco.com
    Date: Tue, 1 Jul 1997 11:04:36 +1000 (EST)
    X-Mailer: ELM [version 2.4ME+ PL22 (25)]
    MIME-Version: 1.0
    Content-Type: text/plain; charset=US-ASCII
    Content-Transfer-Encoding: 7bit
    Status: RO

    Hi Dion,
    	I thought I should let you know that I'm organising a formal petition
    to SCO about PDP-11 UNIX source code licenses, rather than perpetually
    hassling you about it. The in-progress petition is at

    	http://minnie.cs.adfa.oz.au/PUPS/petition.html

    and your comments on it are very much appreciated. We really want to work
    with SCO on this & appreciate SCO's efforts to date with the Lions Book
    and the binary licenses to 5th, 6th and 7th Edition.

    At a later date, when the petition's ``fully signed'', we will make a
    formal presentation of the petition to SCO.

    Cheers,
    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/07/02
    Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id KAA16811; Wed, 2 Jul 1997 10:15:36 +1000 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199707020015.KAA16811@henry.cs.adfa.oz.au>
    Subject: Re: Petition for PDP-11 Source Code Licenses
    To: dionj@sco.COM (Dion)
    Date: Wed, 2 Jul 1997 10:15:36 +1000 (EST)
    In-Reply-To:  <9707011634.aa17367@tahoe.pdev.sco.com> from Dion at "Jul 1, 97 04:34:23 pm"
    X-Mailer: ELM [version 2.4ME+ PL22 (25)]
    MIME-Version: 1.0
    Content-Type: text/plain; charset=US-ASCII
    Content-Transfer-Encoding: 7bit
    Status: RO

    In atricle by Dion:
    > I think SCO's legal dept has a concern that we do not want
    > to lose trade secret status or control of certain technologies
    > and intellectual property that may be in this source code.
    >
    > Trade secret law provides that we must make certain kinds
    > of protections for our technology.  We cant just give away
    > freely because it loses secrecy.  We can provide it under
    > a suitable license because the license agreement can
    > embody the necessary protections.
    >
    > In other words, we are happy for you guys to have this source
    > code (possibly with some nominal payment that helps cover our
    > costs) but we dont want to lose any legal control of the
    > "secrets".  It may be that we (SCO) still have obligations
    > inherited from other, ancient contracts with various technology
    > suppliers about such matters, etc.
    >
    > Looking at your proposed license terms (strictly an amateur
    > review; I am not a lawyer :-) I think they seem very fair and
    > plausible.  I will see if our legal staff can find time to
    > research this.  I agree that it would certainly be an excellent
    > PR action for SCO to take, as the flag carrier of the UNIX
    > heritage.

    Thanks Dion. I can tell you I've had a lot of good feedback about SCO
    regarding their support for the Lions' Commentary and their free PDP-11
    UNIX binary license. If we can reach an agreement on the source licenses,
    then if SCO staged an announcement about them at a USENIX conference,
    for example, it would be terrific PR.

    I don't know what you guys feel about pricing. $200 would be max, I think,
    for individuals to want to pay. $100 would be better :-)

    Also, if the license idea gets done, we'd need to come up with a source
    code distribution mechanism which is also acceptable. I don't think SCO
    would want to bother with it, which is why I mentioned it in the petition.

    If a 3rd party was given the distribution task (say me, for example), a
    way of proving that someone has purchased the license would be required.
    We can come up with the gory details later.

    Anyway, less talk from me. I'll let the petition run for a few weeks & then
    pass it on to you guys.

    Thanks again!

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/07/09
    Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id QAA02872; Wed, 9 Jul 1997 16:00:23 +1000 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199707090600.QAA02872@henry.cs.adfa.oz.au>
    Subject: Formal Presentation of Petition to SCO
    To: dionj@sco.com, mike@sco.com
    Date: Wed, 9 Jul 1997 16:00:22 +1000 (EST)
    Priority: urgent
    Return-Receipt-To: wkt@cs.adfa.oz.au
    X-Mailer: ELM [version 2.4ME+ PL22 (25)]
    MIME-Version: 1.0
    Content-Type: text/plain; charset=ISO-8859-1
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    Status: RO

    Dion, Mike,

    	I'd like to formally present the attached petition regarding source
    licenses for PDP-11 UNIX to SCO. Can you pass this on to the appropriate
    people upstairs (or wherever)? The petition can also be found at:

    	http://minnie.adfa.oz.au/PUPS/petition.html

    There are over 200 signatures on the petition, and some of them have very
    high standing in the UNIX community. The petition's only been running for
    a week, and you can check the URL for more recent signatures.

    I'm sure you're all pretty busy there, but an official response from SCO
    in, say, a few weeks would be great!

    Many thanks for your help & support,

    	Warren Toomey	wkt@cs.adfa.oz.au

    ---------------------------------------------------------------------------
    The Santa Cruz Operation, Inc.
    Dear Sirs/Madams,

    We, the undersigned, are a group of people who are interested in obtaining
    legal access to the source code and binaries of the versions of UNIX that
    ran on the PDP-11 range of computers from Digital Equipment Corporation. We
    would like legal access to these versions of UNIX to be available because:

       * they are of great historical importance, and/or
       * we personally own PDP-11 computers on which these systems will run.

    The Santa Cruz Operation, Inc. owns the copyright to these very old versions
    of UNIX. We understand and appreciate that SCO wishes to protect their
    intellectual property within, and ownership of, these versions of UNIX.
    Therefore, we wish to petition SCO to make available source code and binary
    licenses of these versions of UNIX so that:

       * we can legally own source code and binaries for PDP-11 UNIXes, and
       * SCO's copyright and intellectual property is protected.

    We would be happy to purchase and be legally bound by a source code and
    binary license for PDP-11 UNIXes that meets SCO's requirements, as long as:

       * the license covers the entire distributions (source code, binaries and
         documentation) of the following versions of UNIX:
            o 1st, 2nd, 3rd, 4th, 5th, 6th and 7th Edition UNIX
            o 32V UNIX
            o PWB/UNIX
            o those portions of all 2BSD releases which are derived from UNIX
              source code
       * we have the right to make changes to the source code of the above
         versions of UNIX
       * we have the right to distribute our changes to other people who have
         signed and agreed to the source code and binary license for PDP-11
         UNIXes
       * we have the right to install UNIX binaries on PDP-11 hardware and
         PDP-11 emulating software
       * we have the right to allow other people to use the UNIX binaries on
         such an installation

    Note that the latter is already permitted, given SCO's binary license
    agreement for 5th, 6th and 7th Edition UNIX. We would also be happy with the
    following conditions imposed in the source code and binary license for
    PDP-11 UNIXes:

       * no resale of the license is permitted
       * source code covered by the license cannot be distributed or disclosed
         to people not covered by the license
       * no commercial usage of the source code or binaries is permitted
       * SCO is not required to provide copies of any source code, binaries or
         documentation with the source code and binary license for PDP-11 UNIXes

    On a recent survey of people interested in such a license, over 120 people
    responded. Most of the respondents would agree to a license with the
    conditions and limitations outlined above, if the cost of such a license was
    less than US$200.

    We urge you to consider

       * the historical significance of the UNIX operating system,
       * that the PDP-11 versions of UNIX are essentially obsolete,
       * that UNIX-like operating systems, libraries and applications are freely
         available in source code form,
       * that the source code to 6th Edition UNIX is publicly available in
         printed form (Lions' Commentary on 6th Edition UNIX, Peer to Peer
         Communications, Inc.)

    and make personal-use non-disclosure source code and binaries licenses for
    PDP-11 UNIXes available at a price which we can afford as individuals.

    The UNIX community has played an extremely important role in the development
    and success of the UNIX operating system. The Santa Cruz Operation, Inc., as
    owners of the UNIX operating system source, would be repaying the UNIX
    community in some measure by providing source licenses for these old
    versions of UNIX. Although you would not profit greatly from the licenses,
    you would earn the respect and appreciation from many people who helped make
    UNIX what it is today.

    Thank you for your time. Your response to our petition will be appreciated,
    and can be sent via Internet e-mail to Warren Toomey wkt@cs.adfa.oz.au.

    Sincerely yours, the undersigned.

     John S.
     Dyson        dyson@freebsd.org                     1.317.547.5181
     Keith Huff   kshuff@fast.net                       home phone 610 740-9456
     Norman
     Wilson       norman@cs.yorku.ca
     Lieven
     Willems      Lieven.Willems@rug.ac.be
     Christopher
     Vance        cjsv@acm.org
     Robert J.
     Kelley       pasha@efn.org
     Paul McJones mcjones@pa.dec.com
     Ken
     Harrenstien  klh@us.oracle.com
     Ozan S.
     Yigit        oz@tor.securecomputing.com
     Jennine
     Townsend     jennine@netcom.com
     Josef Grosch jgrosch@MooseRiver.com
     Allen Kossow aek@spies.com
     John Wilson  wilson@dbit.com
     James E.
     Carpenter    jimc@zach1.tiac.net
                  jackv@pacbell.net
     Charles Tutt chasjt@ibm.net
     Jason
     Timmons      devnull@ais.net
     Nick Andrew  nick@zeta.org.au
     Raoul Golan  raoul@ind.tansu.com.au
     David
     Blackman     David.Blackman@anu.edu.au
     Warren
     Toomey       wkt@cs.adfa.oz.au
     Tim Shoppa   shoppa@triumf.ca
     Neil Johnson neil@skatter.usask.ca
     Ken Wellsch  kcwellsch@math.uwaterloo.ca
                  michel@gov.nt.ca
                  brandt@fokus.gmd.de
     Andreas
     Kudlik       kudlik@btp2x1.phy.uni-bayreuth.de
                  krupp@unix-ag.uni-kl.de
                  bieschewski@informatik.uni-erlangen.de
                  john_w@mentec.ie
                  scaifer@eeng.dcu.ie
     Per
     Andersson    pa@cdg.chalmers.se
                  toje@nightingale.ms.sub.org
     Dieter
     Dworkin      dworkin@village.org
     Muller
     Alexei N.
     Romanov      alexei@loach.org
                  mheller@acm.org
                  enyborg@tincan.tincan.org
                  merlyn@geeks.org
     Sami Laine   lane@iki.fi
     Harri Jauri  harrij@clinet.fi
     Jarkko Teppo s99137@tec.puv.fi
                  jlothian@castle.ed.ac.uk
                  mike.meredith@port.ac.uk
                  ian@nobunaga.demon.co.uk
                  john@lupine.demon.co.uk
                  robin@falstaf.demon.co.uk
                  kevan@motiv.co.uk
     Michael
     Patton       MAP@POBOX.com
                  eric@brouhaha.com
                  keck@texoma.com
     Carl Friend  carl.friend@swec.com
                  phebert@etec-inc.com
                  jbell4@ford.com
                  wlewis@mailbag.com
                  Russman@surf-ici.com
                  ebush@sccsi.com
                  gorilla@drink.com
                  max@testmark.com
                  BBarr47775@aol.com
                  asiasys@sovam.com
     Seth J.
     Morabito     sethm@loomcom.com
                  root@bcscom.com
                  ddb@ix.netcom.com
     John Lawson  jpl15@netcom.com
     Kristen
     McIntyre     kristen@zoom.com
     Quentin
     Fennessy     qpf@io.com
     James Risner risner@stdio.com
                  bharbour@vcd.hp.com
                  wvh@gethip.com
     James
     Willing      jimw@agora.rdrop.com
                  dmccrackin@crsrobotics.com
                  bonomi@geocities.com
     Jeff Mickey  jmic@tezcat.com
     Paul Pierce  prp@teleport.com
                  dap@perform.ath.forthnet.gr
                  wolpert@i1.net
                  pmcandre@tiac.net
                  km@infi.net
                  svreid@ibm.net
                  zop12@free.nether.net
                  mrbill@texas.net
                  jasons@icanect.net
                  aliles@IntNet.net
                  softstar@pol88a.polito.it
     Michael
     Sanders      msanders@dgs.monash.edu.au
                  GriffithsD@cbs.curtin.edu.au
     Bruce Orcutt borcutt@uakron.edu
     Roger Ivie   ivie@cc.usu.edu
                  milov@uwlax.edu
                  firsoff@sapr.tstu.ru
                  marlin1@ihug.co.nz
     Pedro
     Fernando
     Giffuni      pgiffuni@fps.biblos.unal.edu.co       Universidad Nacional de
     						    Colombia Salazar
     Murray
     Jensen       mjj@mlb.dmt.csiro.au                  CSIRO Div Man Tech
     Steven M.
     Schultz      sms@moe.2bsd.com                      sms@wlv.iipo.gtegsc.com
     David
     Tilbrook     dt@qef.com
     Chris Baird  cjb@hna.com.au                   cjb%brushtail@troll.apana.org.au
     Peter
     Maydell      pm215@cam.ac.uk
     Dr Chris
     McDonald     chris@cs.uwa.edu.au                The Univ. of Western Australia
     Sami Laine   lane@netti.fi                         Phone +358 40 5225 811
     Phil Parry   enzpp@unix.ccc.nottingham.ac.uk
     Joerg B.
     Micheel      micheel@fokus.gmd.de                  joergm@berlin.snafu.de
     Andrew S.
     Tanenbaum    ast@cs.vu.nl
     Carl
     Phillips     cphillips@cix.compulink.co.uk
     David Conran lucifer@xyzzy.com.au
     Dom Mitchell hdm@demon.net                         London
     Tim Bradshaw tfb@ed.ac.uk
     Phillip
     Musumeci     phillip@rmit.edu.au                   RMIT Comp Sys Eng
     Peter                                              Dept.of Computer Science,
     Turnbull     pnt103@cs.york.ac.uk                  University of York, UK
     Brian
     Harrington   brian@jhu.edu                         Johns Hopkins Univ.
     Peter da
     Silva        peter@taronga.com
     Alan W Black awb@cstr.ed.ac.uk                   CSTR, University of Edinburgh
     Reinhard
     Kodym        rkodym@mdacc.uth.tmc.edu
     Douglas W.
     Jones        jones@cs.uiowa.edu                    University of Iowa
     Pat Barron   pat@transarc.com
     Matthew
     Alton        matta@commlet.com
     Robert Brown brown@biblioteh.com
     Nate
     Williams     nate@sri.com
     Richard
     Tobin        R.Tobin@ed.ac.uk
     Jonathan M.
     Bresler      jmb@freebsd.org                       finger jmb@freebsd.org
     Greg Lehey   grog@lemis.com                        http://www.lemis.com/~grog
     Stephen
     Clawson      sclawson@cs.utah.edu                  phone:+1-801-581-5591
     Alexander
     Komlik       apkom@crocodile.org
     John Herbert jbh@ftel.net
     Olaf Erb     erb@inss1.etec.uni-karlsruhe.de
     Joseph S.
     Myers        jsm28@cam.ac.uk
     Matthias
     Brüstle      m@mbsks.franken.de
     William S.
     Pechter      wpechter@vnet.ibm.com
     Carolyn E.
     Carrock      pechter@shell.monmouth.com
     Daniel
     Seagraves    dseagrav@tek-star.net            We are a SCO customer / reseller
     John
     Ruschmeyer   jruschme@exit109.com
     Sandro
     Sigala       ssigala@globalnet.it                  North Italy
     Wolfgang
     Denk         wd@denx.muc.de
                  splite@wdni.com
     Eivind
     Eklund       perhaps@yes.no                        +47 64 85 52 18
     Chris Drake  cjd@zatch.corp.sun.com
     Colin R.
     Riddel       crr@humbug.org.au                     Qld Australia
     Robert
     Brockway     robert@zen.humbug.org.au              HUMBUG. Brisbane, Australia
     Christopher                                   Stallion Technologies, Brisbane,
     Biggs        chris@stallion.oz.au                  Australia
     David                                              Student, University of
     Jericho      davidj@meesha.humbug.org.au           Queensland
     Peter Miller millerp@canb.auug.org.au
     Michael
     Engel        engel@unix-ag.uni-siegen.de
     Peter
     Quodling     quodling@gil.com.au
     Andrae Muys  andrae@humbug.org.au                  HUMBUG, Brisbane Australia
     Paul West    pdub@accesscom.com
     BouHaidar
     Mario        mbouhaid@mail.usyd.edu.au
     John Wolff   J.Wolff@wark.csiro.au
     Curt Sampson cjs@portal.ca                         +1 604 257 9400
     Alexander V.                                       Tel: +7-095-978-47-37. NIC:
     Tischenko    flash@hway.ru                         AT55-RIPE
     Robert John
     Manners      rjm@swift.eng.ox.ac.uk
     Andrew
     Tannenbaum   trb@cablesoft.com
     Nathan
     Ahlstrom     nrahlstr@gloria.cord.edu
     Kyle Mestery mestery@winternet.com                 1.612.391.1096
     Vadim
     Kurland      vadim@vk.crocodile.org
     Ade Lovett   ade@lovett.com
     Johnny
     Billquist    bqt@update.uu.se
     Bill Joy     bill.joy@sun.com
     John
     Derbyshire   acmenet@vossnet.co.uk
     Henry
     Spencer      henry@zoo.toronto.edu                 416-690-6561
     Tom
     Stepleton    ssteplet@artsci.wustl.edu             St. Louis, MO USA
     Neil
     Groundwater  npg@sun.com
     Kevin Wright kevin.wright@vitrex.com               kwright@cc.weber.edu
     John Holden  johnh@psych.usyd.edu.au
     Brian Murray brian@proximity.com.au
     David C.
     Jenner       djenner@halcyon.com                   1-206-527-2018
     Mic Mehmet   mic@compuserve.com
     Tom Mander   tom@proximity.com.au
     Bruce A.
     Lane         kyrrin@wizards.net                    Kent, WA
     Victor
     Langeveld    vic@mbfys.kun.nl
     Nadav Eiron  nadav@barcode.co.il
     Damiano G.
     Preatoni     prea@imiucca.csi.unimi.it
     david leo
     presotto     presotto@plan9.bell-labs.com
     Kevin Bourk  kevin.bourk@sk.sympatico.ca           (306)222-7663
     Andrew Hume  andrew@research.att.com
     Winfried
     Bergmann     i455@stio1.fh-wuerzburg.de
     Dick van den
     Burg         burg@is.ge.com
     Matthias
     Pfaller      leo@marco.de
     Chris Ulrich insom@math.ucr.edu
     aji          Kiyoshi@.rad.net.id
     Franc                                              University of Nijmegen, the
     Grootjen     sparky@cs.kun.nl                      Netherlands
     Juergen Fluk louis@marco.de
     Herbert
     Wengatz      hwe@muc.de
     Jay R.
     Jaeger       Jay.Jaeger@msn.fullfeed.com           Madison, WI
     Peter
     Collinson    pc@hillside.co.uk

     Greg Rose    ggr@qualcomm.com                 6 kingston Av, Mortlake NSW 2137
                                                        Australia
     Brian Redman ber@ms.com
     peter
     honeyman     honey@citi.umich.edu
     Wilko Bulte  wilko@freebsd.org                     Arnhem, The Netherlands
     Rene de
     Vries        rene@tcja.nl                          TCJA
     Kevin
     McQuiggin    mcquiggi@sfu.ca
     Jari Kirma   jkirma@ngs.fi
     Max Burnet   max.burnet@sno.mts.dec.com            Museum Max, Sydney Australia
     Mick Farmer  mick@ukuug.org                        Chair of UKUUG
     Megan Gentry mbg@world.std.com                Unix Support Engineering Group -
                                                        Digital Equipment Corp.
     Jim McKie    jmk@plan9.bell-labs.com
     Scott
     Narveson     sjn@cray.com
     Tuomas
     Toivonen     toivotuo@fishpool.com                 Fishpool Creations Ltd
     Margo
     Seltzer      margo@eecs.harvard.edu
     andrew
     tristan      andrew.tristan@ucr.edu
     Chris
     Phillips     Chris@Cs.Yorku.Ca
     John R.
     Mashey       mash@sgi.com
     Deborah
     Scherrer     deborah@quake.stanford.edu
     Michael
     Paddon       mwp@aba.net.au
     Chris
     Bootland     b9104283@challender.anu.edu.au        ANU Student
     Lindsay F.
     Marshall     Lindsay.Marshall@newcastle.ac.uk
     Jon Crowcroft                                          UCL CS

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/07/09
    Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id BAA03127 for <wkt@henry.cs.adfa.oz.au>; Thu, 10 Jul 1997 01:03:24 +1000 (EST)
    Received: from tahoe.pdev.sco.com by sco.sco.COM id aa07261; 9 Jul 97 7:48 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@henry.cs.adfa.oz.au
    Subject: Re: Formal Presentation of Petition to SCO
    Date: Wed, 9 Jul 97 7:39:54 PDT
    Message-ID:  <9707090739.aa08101@tahoe.pdev.sco.com>
    Status: ROr

    Looks good.  I am hitting on our legal guys and a bunch of
    other executives here.

    In case we cant dig up all the old source code, do you have
    any idea if some of your group has old sources they could
    send back to us?  :-)
    -Dion

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Product Manager for Java, Free Stuff, Skunkware, technical tools, etc.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/07/10
    Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id JAA03362; Thu, 10 Jul 1997 09:25:09 +1000 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199707092325.JAA03362@henry.cs.adfa.oz.au>
    Subject: Re: Formal Presentation of Petition to SCO
    To: dionj@sco.COM (Dion)
    Date: Thu, 10 Jul 1997 09:25:09 +1000 (EST)
    In-Reply-To:  <9707090739.aa08101@tahoe.pdev.sco.com> from Dion at "Jul 9, 97 07:39:54 am"
    X-Mailer: ELM [version 2.4ME+ PL22 (25)]
    MIME-Version: 1.0
    Content-Type: text/plain; charset=US-ASCII
    Content-Transfer-Encoding: 7bit
    Status: O

    In article by Dion:
    > Looks good.  I am hitting on our legal guys and a bunch of
    > other executives here.
    >
    > In case we cant dig up all the old source code, do you have
    > any idea if some of your group has old sources they could
    > send back to us?  :-)
    > -Dion

    Dion, yes I have as much as I've been able to find, with Dennis Ritchie
    and a few others with stuff I haven't received yet. We're covered by
    institutional source licenses at the moment.

    You're welcome to the stuff of course, you own it. However, I thought
    you guys didn't want to be bothered with the distribution bit. That's
    why I put the clause in the petition:

    	SCO is not required to provide copies of any source code,
    	binaries or documentation with the source code and binary
    	license for PDP-11 UNIXes.

    I'd be happy to act as distributor, but I'd need a mechanism so I can
    prove that someone really has a license from SCO.

    Anyway, the archive is sitting on my desktop box here, with no public
    access of any kind. I have another box for all of that. Here's an ftp
    login for you to look around:

    	ftp henry.cs.adfa.oz.au
    	user sco
    	passwd srclicense1

    Finally, thanks again for your help!

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/07/23
    Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id FAA02151 for <wkt@henry.cs.adfa.oz.au>; Thu, 24 Jul 1997 05:33:45 +1000 (EST)
    Received: from tahoe.pdev.sco.com by sco.sco.COM id ab19084; 23 Jul 97 12:23 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@henry.cs.adfa.oz.au
    Subject: Re: PDP-11 Petition -- Status
    Cc: doug@sco.COM, johnb@sco.COM, levine@sco.COM, monikal@sco.COM, ray@sco.COM
    Date: Wed, 23 Jul 97 12:17:19 PDT
    Message-ID:  <9707231217.aa06768@tahoe.pdev.sco.com>
    Status: ROr

    Warren,

    Thanks for your latest news.  That's great about the signatures.
    Yes, I perused the earlier list and it's really amazing that
    we have such famous support for this.  I am sure it will be
    a great PR victory when we finally get this arranged.

    Our exec VP (Doug Michels) is on your side.  I am annoying our
    legal folks, bless their hearts. :-)  They have a job to do also and
    I want to be sure we are protecting SCO's interests in the code
    in the right ways.

    I expect an answer in a week or so.  I suspect there will be
    further internal iterations here as we craft a license that works
    for all parties.

    So the right answer to publish is:

    "SCO is pleased to entertain this request from so many loyal and
    famous fans of UNIX.  We are looking into how we can provide this
    source code.  No promises at this time, since there are some
    intellectual property issues that must be resolved, but we will
    do what we can."

    Please do put my name on it.  We are not a faceless giant
    corporation.

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Product Manager for Java, Free Stuff, Skunkware, technical tools, etc.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

      From sco.sco.com!henry.cs.adfa.oz.au!wkt Tue Jul 22 20:43:58 1997
      From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
      Subject: PDP-11 Petition -- Status
      To: dionj@sco.com
      Date: Wed, 23 Jul 1997 13:11:22 +1000 (EST)

      Dion,
      	I thought I'd touch base with you on the PDP-11 src license petition.
      We've now got over 300 signatures, including some very famous UNIX people. Can
      you fill me in on what's happening with the petition at SCO. If possible I'd
      like to put your answer on my status page at:

      	http://minnie.adfa.oz.au/PUPS/pstatus.html

      so you can be vague and `not speaking officially for SCO' if you want, and
      I won't mention your name.

      Thanks in advance!

      	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/08/27
    Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id CAA00706 for <wkt@henry.cs.adfa.oz.au>; Thu, 28 Aug 1997 02:42:09 +1000 (EST)
    Received: from sco.sco.COM (sco.sco.COM [132.147.128.9])
    	by csadfa.cs.adfa.oz.au (8.8.5/8.8.5) with SMTP id BAA22139
    	for <wkt@cs.adfa.oz.au>; Thu, 28 Aug 1997 01:48:01 +1000 (EST)
    Received: from tahoe.pdev.sco.com by sco.sco.COM id ab09305; 27 Aug 97 8:20 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@cs.adfa.oz.au
    Subject: Re: Touching Base!
    Date: Wed, 27 Aug 97 8:15:37 PDT
    Message-ID:  <9708270815.aa05557@tahoe.pdev.sco.com>
    Status: RO

    Please keep it off the page for now.  I think our legal
    guys will add some more junk (T&C) to it.

    The VP head legal eagle has said he wants to think about
    it a little, so this is good.

    I will send some more answers shortly.
    -Dion

    	From sco.sco.com!henry.cs.adfa.oz.au!wkt Tue Aug 26 18:11:00 1997
    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Subject: Re: Touching Base!
    	To: Dion <dionj@sco.com>
    	Date: Wed, 27 Aug 1997 10:36:38 +1000 (EST)
    	In-Reply-To:  <9708261245.aa07496@tahoe.pdev.sco.com> from Dion at "Aug 26, 97 12:45:07 pm"
    	Reply-To: wkt@cs.adfa.oz.au

    	In article by Dion:
    	> Warren,
    	>
    	> Good progress.  We have some positive consensus developing.
    	> Here is the proposed license terms (roughly, not fully legalized
    	> yet).  Please let me know if you see any problems with this
    	> proposal:

    	Thanks Dion. Firstly, it looks good! Secondly, can I attach the draft to
    	the petition status page, or should I keep it to myself for now.

    	> use, store, reproduce, edit, adapt, enchance, improve, otherwise
    	  modify, transmit electronically, repackage

    	> * licensees have the right to install UNIX binaries on PDP-11 hardware and
    	>   PDP-11 emulating software

    	I'd like to change this to ``install UNIX software on ...''. We will need to
    	install the source code if we want to reconfigure the kernel or to make
    	enhancements and improvements.

    	We obviously must take precautions to prevent non-licensees from viewing the
    	source code. They can use the binaries if they agree to the existing SCO
    	binary license.

    	The price sounds good too!!!!

    	> * SCO is not required to provide copies of any source code, binaries or
    	>   documentation with the source code and binary license for PDP-11 UNIXes

    	Finally, the problem of src/binary distribution. Most of us do have the src
    	already, but I'm sure I will get email thus:

    		I've bought a license from SCO for PDP-11 UNIX src/binaries. Can
    		you give me copies please?

    	I can see three approaches:

    	  + SCO provides access to the source: CD-ROMs and/or FTP site.

    	  + SCO keeps the FTP site & deals with passwords etc. I would be
    	    happy to maintain the files on the site.

    	  + I maintain an FTP site, and possibly get into CD-ROM burning myself.
    	    The latter would be expensive for the low-quantities.

    	If I maintain the FTP site, I'd need to get guaranteed verifiable license info
    	from SCO so that I can ensure only legitimate licensees have access. I don't
    	want to be sued for breach of license.

    	The distribution problem is something that we can address after the license
    	wording is completed and they go on sale. I think the wording you e-mailed
    	me is everything we wanted (if we can install src on machines)!!!

    	Thanks again for your work and the lawyers work on this.

    	Cheers,
    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/08/27
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@cs.adfa.oz.au
    Subject: Re: Touching Base!
    Cc: levine@sco.COM
    Date: Wed, 27 Aug 97 10:56:31 PDT
    Message-ID:  <9708271056.aa18110@tahoe.pdev.sco.com>
    Status: ROr

    comments below.

    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Subject: Re: Touching Base!
    	To: Dion <dionj@sco.com>
    	Date: Wed, 27 Aug 1997 10:36:38 +1000 (EST)
    	Reply-To: wkt@cs.adfa.oz.au

    	In article by Dion:
    	> Warren,
    	>
    	> Good progress.  We have some positive consensus developing.
    	> Here is the proposed license terms (roughly, not fully legalized
    	> yet).  Please let me know if you see any problems with this
    	> proposal:

    	Thanks Dion.  Firstly, it looks good!  Secondly, can I attach the
    	draft to the petition status page, or should I keep it to myself
    	for now.

    As I said earlier, let's wait.  I think we can have a license
    pretty soon.  Our most eminent legal eagle is on the case.

    	> use, store, reproduce, edit, adapt, enchance, improve, otherwise
    	  modify, transmit electronically, repackage

    	> * licensees have the right to install UNIX binaries on PDP-11 hardware and
    	>   PDP-11 emulating software

    	I'd like to change this to ``install UNIX software on ...''.  We
    	will need to install the source code if we want to reconfigure
    	the kernel or to make enhancements and improvements.

    right.  Done.

    	We obviously must take precautions to prevent non-licensees from
    	viewing the source code.  They can use the binaries if they agree
    	to the existing SCO binary license.

    Right.

    	The price sounds good too!!!!

    Thanks.

    	> * SCO is not required to provide copies of any source code, binaries or
    	>   documentation with the source code and binary license for PDP-11 UNIXes

    	Finally, the problem of src/binary distribution.  Most of us do
    	have the src already, but I'm sure I will get email thus:

    		I've bought a license from SCO for PDP-11 UNIX src/binaries. Can
    		you give me copies please?

    	I can see three approaches:

    	  + SCO provides access to the source: CD-ROMs and/or FTP site.

    	  + SCO keeps the FTP site & deals with passwords etc. I would be
    	    happy to maintain the files on the site.

    	  + I maintain an FTP site, and possibly get into CD-ROM burning myself.
    	    The latter would be expensive for the low-quantities.

    Our problem is that, apparently, no one is left around here who knows
    where these ancient sources ARE.  They may be in storage somewhere in
    NJ, possibly on 1/2" tapes or gawd knows what media.  I think there would
    be reluctance to pull people off new product development to go spelunking
    for this stuff.

    If you licensees can take care of the maintenance, it will encourage
    our mgt to go along with this whole idea ("no material cost to SCO").

    I'll send you a box of blank CDROMs. :-)

    	If I maintain the FTP site, I'd need to get guaranteed verifiable
    	license info from SCO so that I can ensure only legitimate
    	licensees have access.  I don't want to be sued for breach of
    	license.

    The goal is that licensees are allowed to mutually exchange and share
    the software.  I think we should be able to send you a list of licensees
    on a regular basis, or new licensees.

    	The distribution problem is something that we can address after the license
    	wording is completed and they go on sale. I think the wording you e-mailed
    	me is everything we wanted (if we can install src on machines)!!!

    	Thanks again for your work and the lawyers work on this.

    You are most welcome.

    	Cheers,
    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    Message-Id: <199708270036.KAA03730@henry.cs.adfa.oz.au>
    Subject: Re: Touching Base!
    To: dionj@sco.COM (Dion)
    Date: Wed, 27 Aug 1997 10:36:38 +1000 (EST)
    In-Reply-To:  <9708261245.aa07496@tahoe.pdev.sco.com> from Dion at "Aug 26, 97 12:45:07 pm"
    Reply-To: wkt@cs.adfa.oz.au
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    In article by Dion:
    > Warren,
    >
    > Good progress.  We have some positive consensus developing.
    > Here is the proposed license terms (roughly, not fully legalized
    > yet).  Please let me know if you see any problems with this
    > proposal:

    Thanks Dion. Firstly, it looks good! Secondly, can I attach the draft to
    the petition status page, or should I keep it to myself for now.

    > use, store, reproduce, edit, adapt, enchance, improve, otherwise
      modify, transmit electronically, repackage

    > * licensees have the right to install UNIX binaries on PDP-11 hardware and
    >   PDP-11 emulating software

    I'd like to change this to ``install UNIX software on ...''. We will need to
    install the source code if we want to reconfigure the kernel or to make
    enhancements and improvements.

    We obviously must take precautions to prevent non-licensees from viewing the
    source code. They can use the binaries if they agree to the existing SCO
    binary license.

    The price sounds good too!!!!

    > * SCO is not required to provide copies of any source code, binaries or
    >   documentation with the source code and binary license for PDP-11 UNIXes

    Finally, the problem of src/binary distribution. Most of us do have the src
    already, but I'm sure I will get email thus:

    	I've bought a license from SCO for PDP-11 UNIX src/binaries. Can
    	you give me copies please?

    I can see three approaches:

      + SCO provides access to the source: CD-ROMs and/or FTP site.

      + SCO keeps the FTP site & deals with passwords etc. I would be
        happy to maintain the files on the site.

      + I maintain an FTP site, and possibly get into CD-ROM burning myself.
        The latter would be expensive for the low-quantities.

    If I maintain the FTP site, I'd need to get guaranteed verifiable license info
    from SCO so that I can ensure only legitimate licensees have access. I don't
    want to be sued for breach of license.

    The distribution problem is something that we can address after the license
    wording is completed and they go on sale. I think the wording you e-mailed
    me is everything we wanted (if we can install src on machines)!!!

    Thanks again for your work and the lawyers work on this.

    Cheers,
    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/08/28
    Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id JAA00997; Thu, 28 Aug 1997 09:53:35 +1000 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199708272353.JAA00997@henry.cs.adfa.oz.au>
    Subject: Re: Touching Base!
    To: dionj@sco.COM (Dion)
    Date: Thu, 28 Aug 1997 09:53:35 +1000 (EST)
    Cc: wkt (Warren Toomey)
    In-Reply-To:  <9708271056.aa18110@tahoe.pdev.sco.com> from Dion at "Aug 27, 97 10:56:31 am"
    Reply-To: wkt@cs.adfa.oz.au
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    In article by Dion:
    > As I said earlier, let's wait.  I think we can have a license
    > pretty soon.  Our most eminent legal eagle is on the case.

    Ok Dion. On the petition status web page, all I've mentioned is that I've
    seen a non-legal draft version which gives us basically what we asked for
    in the petition.

    After re-reading the draft carefully, I did have a few more suggestions.
    You can probably pass the next section directly to your legal eagle,
    and pass on our appreciation for his/her work.

    Thoughts on the Draft License
    -----------------------------

    It essentially looks good, but I have a few quibbles. Obviously SCO wants
    to protect the source code. The binaries are already covered to some extent
    with the binary license SCO released earlier this year. The status of the
    documentation (man pages, other papers) seems a bit unclear, so it would
    be good if this is made more explicit.

    We want to be able to install full distributions (src, docs, binaries),
    but the draft only mentions installing UNIX binaries.

    Some organisations have existing UNIX licenses from Western Electric or AT&T.
    I think that these existing licenses need to be mentioned in the new license.

    Below is a rewording of the draft send to me by Dion Johnson, with proposed
    changes to accomodate the above quibbles. The changes are marked in => <=.
    I'd appreciate it if you would give them some consideration.

     +  the license covers the entire distributions (source code, binaries and
        documentation) of the following versions of UNIX:
             o  1st, 2nd, 3rd, 4th, 5th, 6th and 7th Edition UNIX
             o  32V UNIX
             o  PWB/UNIX
             o  those portions of all 2BSD releases which are derived from UNIX
                  source code

     +  licensees have these rights wrt the => distributions <= of the above
        versions of UNIX:

    	Use, store, reproduce, edit, adapt, enhance, improve, otherwise
    	modify, transmit electronically, and repackage.

     +  These rights are licensed to noncommercial users.  The source may
        not be sold nor used to develop commercial versions of UNIX.

     +  licensees have the right to install UNIX => distributions <= on
        PDP-11 hardware and PDP-11 emulating software.

     +  licensees have the right to allow noncommercial use of the UNIX
        binaries => and documentation <= on systems for which the product is
        licensed.

     +  license is not transferable.

     +  source code covered by the license cannot be distributed or disclosed
        to people not covered by the license, => or by existing UNIX software
        licenses from Western Electric or AT&T <=.  The licensees are permitted
        to collaborate on modifications and mutually share their modifications.

     +  SCO is not required to provide copies of any source code, binaries or
        documentation with the source code and binary license for PDP-11 UNIXes

     + License Fee:  SCO charges a one-time license fee of $100 per
       licensee, for a site license for one organization.

    [ I'm unclear on this point, it seems there's a word missing: $100 per
       licensee, OR for a site license for one organization. Is this correct? ]

     +  We may, at some future time, provide source distributions (if/when
        we can find the sources), but this is not committed.  We know that
        the licensees have, between them, most of the needed sources.

    -----------------------------

    > 	Finally, the problem of src/binary distribution.
    >
    > Our problem is that, apparently, no one is left around here who knows
    > where these ancient sources ARE.  They may be in storage somewhere in
    > NJ, possibly on 1/2" tapes or gawd knows what media.  I think there would
    > be reluctance to pull people off new product development to go spelunking
    > for this stuff.
    >
    > If you licensees can take care of the maintenance, it will encourage
    > our mgt to go along with this whole idea ("no material cost to SCO").
    >
    > I'll send you a box of blank CDROMs. :-)

    I didn't think you guys would want to get into the distribution bit, which
    is completely understandable. I think we've got as much as there is left.
    There's nothing before 5th Edition, except for some material on paper which
    Dennis Ritchie owns.

    I am prepared to perform some of the distribution, e.g by burning CDs
    and by having an FTP site. I don't want to be sued in the process! So I
    really need a way of verifying who actually does have a SCO license.

    You guys must attach serial numbers to each license. Can you email me
    name/serial number pairs? This would help me to authenticate people.

    But as I said before, the distribution problem is something that we can
    address after the license wording is completed and they go on sale.

    Thanks again,
    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/08/30
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    	Sat, 30 Aug 1997 22:04:25 -0700 (PDT)
    Date: Sat, 30 Aug 1997 22:04:25 -0700 (PDT)
    From: "Steven M. Schultz" <sms@moe.2bsd.com>
    Message-Id: <199708310504.WAA01033@moe.2bsd.com>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Answer to Legal Qry
    Cc: dionj@sco.com
    Status: ROr

    Warren -

    > even a version of System V for the PDP-11. I don't know if there was a System
    > III which ran on PDP-11s.

    	Yes, there was.  It was similar to V7 except the tty system was
    	starting along the road to what SysV would use.  Also the "simple"
    	administrative nature of V7 (and BSD) had been transformed into
    	the forest of directories and scripts that SysV uses (/etc/rc.d,
    	/etc/init.d, and so on).

    > source code to System V, even if it was only for the PDP-11. I think we
    > would be happy to forego the System III and System V versions.

    	I'd be perfectly content if Sys III and V were left out.  My BSD
    	bias is probably showing though ;)

    > If I left out PWB, MERT, Mini UNIX and AUSAM, then would you add them to the
    > list?!

    	I wasn't aware that MERT ever was released outside of Bell Labs.

    > 	  your "2BSD release" is this the Berkely versions of UNIX? -
    > 	  if it is, it could go up to our SVR4.0 and we do not want
    > 	  to included this in our license.

    	There's no Sys III or later code at all in 2BSD.  The split in
    	the family tree came quite a bit earlier, so while there is V7
    	code present in 2BSD the newer additions to 2BSD have borrowed from
    	the "unencumbered" 4BSD and similar efforts.

    > In terms or licensing, we are in a situation similar to the 4.4BSD-Lite
    > situation. The perception was that certain parts of 4.4 were derived `enough'
    > from old UNIX, and so were left out.

    	AND, there are a number of modules in the current 4.4BSD, FreeBSD,
    	and other BSD derived systems which AT&T/USL/etc allowed to be
    	published as long as a "notice" was placed at the top of the file.

    > With 2BSD and its derivatives, we happily assert that there IS stuff left
    > over from 6th and 7th Edition. I am sure there is nothing taken from 32V
    > or from later versions of UNIX. All we want is the license to cover anything
    > still in 2BSD which is _derived_ from the early versions of UNIX.

    	Quite correct.  The BSD effort had gone its own way long before
    	SysV ever came out.

    > Thanks again & expect a follow-up reply from Steven Schultz about 2BSD.

    	Oh, I'm supposed to send something? ;-)

    	Ok - I'll add a Cc: to this item - I think it covers most of the
    	questions about 2BSD.

    	Steven

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/08/31
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    From: Warren Toomey <wkt>
    Message-Id: <199708310412.OAA04965@henry.cs.adfa.oz.au>
    Subject: Answer to Legal Qry
    To: dionj@sco.com
    Date: Sun, 31 Aug 1997 14:12:15 +1000 (EST)
    Cc: sms@moe.2bsd.com
    Reply-To: wkt@cs.adfa.oz.au
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    	Warren,
    	This is very good news.  Things are moving fast.
    	Our legal guy is asking me some questions that I can't answer...
    	perhaps you can help.

    Thanks Dion, I've tab indented your email so you should be able to work
    out what my lines are. Boy, there certainly are a lot of people involved!
    I'll try and answer everything to the best of my ability.

    	[ email from SCO's legal guy, lines with * are Dion's reply ]
    	  Dion,

    	  The License has been written but we need some clarification on the
    	  product the license will cover.

    	  In your original emails you stated that they wanted a license to
    	  cover the old OS that ran on the PDP-11.  This is a 16-Bit machine.
    	  Old UNIX that ran on the 16-Bit was the UNIX Editions 1 - 7.

    Not just UNIX Research Editions 1 to 7 ran on PDP-11s. I think 8th Edition
    did as well. Also, there were several variants derived from the Research
    Editions, such as PWB (several flavours), MERT, Mini UNIX and AUSAM. There was
    even a version of System V for the PDP-11. I don't know if there was a System
    III which ran on PDP-11s.

    We would really like coverage of ALL PDP-11 UNIX variants, but even coming
    up with a list would be difficult. I think SCO would be touchy about selling
    source code to System V, even if it was only for the PDP-11. I think we
    would be happy to forego the System III and System V versions.

    Summary: We would like a license to cover all PDP-11 UNIXes (and derived
    works such as AUSAM and Mini UNIX) except the System III and System V versions.
    I don't know if SCO can come up with legalese which would cover such a
    general list, so the specific list we outlined in the petition would be fine.
    If I left out PWB, MERT, Mini UNIX and AUSAM, then would you add them to the
    list?!

    	  32V UNIX ran on a 32-Bit machine not the PDP-11,

    32V ran on the Vax. Ok, technically this was not a PDP-11, but the 32V
    version of UNIX was essentially a straight port of 7th Edition over to the
    Vax, with no additions (no virtual memory, no nothing). It's a very
    historically important version of UNIX, and we would like to have it included.

    Note importantly that the draft license so far will not permit us to install
    32V on a Vax, so we can only view the source and documentation, not actually
    run the software.

    We would be prepared to lose this version, if it became a sticking point,
    but it would still be nice to have it available for reading. Remember, we
    want the license to cover not only PDP-11 owners, but people who have a
    historical interest in UNIX. You'd be surprised how popular the `John Lions
    Commentary on 6th Edition UNIX' is, even though few people own PDP-11s now.

    	  your "2BSD release" is this the Berkely versions of UNIX? -
    	  if it is, it could go up to our SVR4.0 and we do not want
    	  to included this in our license.

    I don't know if you have seen a diagram of the UNIX genealogy. Grab hold
    of `Life with UNIX', or go to http://minnie.cs.adfa.oz.au/PUPS/node1.html,
    and view the diagram there.

    You will see that 1BSD and 2BSD are derived from 6th & 7th Edition UNIX.
    3BSD was a split from the 2BSD branch, and then became 4BSD. So:

    	6th
    	 |
    	 V
    	1BSD
    	 |
    	 V
    	2BSD ---> 3BSD ---> 4BSD
    	 |		      |
    	 V		      V

    2BSD and subsequent versions run only on the PDP-11. Yes, later versions
    such as 2.11BSD have taken some code from the 4.3BSD and 4.4BSD versions.

    In terms or licensing, we are in a situation similar to the 4.4BSD-Lite
    situation. The perception was that certain parts of 4.4 were derived `enough'
    from old UNIX, and so were left out.

    With 2BSD and its derivatives, we happily assert that there IS stuff left
    over from 6th and 7th Edition. I am sure there is nothing taken from 32V
    or from later versions of UNIX. All we want is the license to cover anything
    still in 2BSD which is _derived_ from the early versions of UNIX.

    If you want to limit the versions from which code can be derived, then
    7th Edition or 32V would be suitable. I'm not the current maintainer of
    2BSD; Steven Schultz is, and he is available by email at sms@moe.2bsd.com.

    I will pass this email on to Steven, as he is really the person who should
    be negotiating with SCO over 2BSD. Please read my comments with a grain of
    salt, and treat all comments from Steven as overriding my comments!

    [ finally, some comments on the attached group discussion ]

    	  >>>>It has to do with having people on our side...  important people,
    	  >>>>people who dislike Microsoft and are not enamored of Sun.  ...
    	  >>>>people who speak at conferences, influence decision makers and
    	  >>>>mentor students.

    Step back a bit & leave out the factional stuff. You've got a chance here
    of winning loyalty from the whole UNIX community. You have already:

    	+ made binary licenses for old systems freely available
    	+ given permission for the Lions Commentary to be distributed

    If you add:

    	+ cheap licenses for old & historically important UNIX systems

    then you have stood up and said:

    	These three events show that we believe in the heritage of UNIX,
    	both the fact that the software was available in source form, but
    	that what helped make UNIX so strong was the community spirit that
    	pervaded the early development of UNIX.

    	We want to repay our debt to the UNIX community and we feel that
    	by (doing these 3 things) we have in some measure done so.

    These three events, together, are a real PR coup. Don't overlook that!!

    	  >>>> We could make it better if we find time to create a real
    	  >>>> historical archive of this stuff, but that can happen over
    	  >>>> time.  The licensees would help us.

    Yes, we sure would!! Especially if SCO can dig up any other tapes lying
    around which we don't have.

    	  >>>>	>UNIX is a research/academic tool.  The technical community
    	  >>>>	>respects UNIX (they do not respect NT very much).  We
    	  >>>>	>need to leverage that respect and act as if we are the
    	  >>>>	>keepers of the UNIX heritage.

    I think it's a mind set thing: accessible source code vs. non-accessible
    source code, or ``Use the source, Luke''. UNIX was brought up in this mind
    set. Sun's playing on this with their release of source code to academic
    institutions -- they're gaining kudos, not money. They're buying reputation.

    Anyway, I could go on & on with comments. You know how I feel. SCO gains
    kudos, reputation and goodwill out of this. Sure you can't put a $ value on
    it, but I hope it will strengthen the market perception of SCO as a willing
    and helpful part of the UNIX community.

    Please pass my comments on to the legal eagle & to the others involved in SCO.
    P.S Can you get people to call me Warren & not Toomey :-) I'm a 1st name guy.

    Thanks again & expect a follow-up reply from Steven Schultz about 2BSD.

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@cs.adfa.oz.au
    Subject: Re: Answer to Legal Qry
    Date: Tue, 2 Sep 97 16:01:00 PDT
    Message-ID:  <9709021601.aa00962@tahoe.pdev.sco.com>
    Status: ROr

    Still more answers, questions, and comments, at the left margin.

       From sco.sco.com!henry.cs.adfa.oz.au!wkt Sat Aug 30 21:15:28 1997
       From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
       Subject: Answer to Legal Qry
       To: dionj@sco.com
       Date: Sun, 31 Aug 1997 14:12:15 +1000 (EST)
       Cc: sms@moe.2bsd.com
       Reply-To: wkt@cs.adfa.oz.au

       	Warren,
       	This is very good news.  Things are moving fast.
       	Our legal guy is asking me some questions that I can't answer...
       	perhaps you can help.

       Thanks Dion, I've tab indented your email so you should be able to work
       out what my lines are. Boy, there certainly are a lot of people involved!
       I'll try and answer everything to the best of my ability.

       	[ email from SCO's legal guy, lines with * are Dion's reply ]
       	  Dion,

       	  The License has been written but we need some clarification on the
       	  product the license will cover.

       	  In your original emails you stated that they wanted a license to
       	  cover the old OS that ran on the PDP-11.  This is a 16-Bit machine.
       	  Old UNIX that ran on the 16-Bit was the UNIX Editions 1 - 7.

       Not just UNIX Research Editions 1 to 7 ran on PDP-11s.  I think
       8th Edition did as well.  Also, there were several variants
       derived from the Research Editions, such as PWB (several
       flavours), MERT, Mini UNIX and AUSAM.  There was even a version
       of System V for the PDP-11.  I don't know if there was a System
       III which ran on PDP-11s.

       We would really like coverage of ALL PDP-11 UNIX variants, but
       even coming up with a list would be difficult.  I think SCO would
       be touchy about selling source code to System V, even if it was
       only for the PDP-11.  I think we would be happy to forego the
       System III and System V versions.

       Summary: We would like a license to cover all PDP-11 UNIXes (and
       derived works such as AUSAM and Mini UNIX) except the System III
       and System V versions.  I don't know if SCO can come up with
       legalese which would cover such a general list, so the specific
       list we outlined in the petition would be fine.  If I left out
       PWB, MERT, Mini UNIX and AUSAM, then would you add them to the
       list?!  32V UNIX ran on a 32-Bit machine not the PDP-11,

    Who owns or originated these derived works?
    PWB came from ATT, I guess.
    MERT?
    AUSAM?
    Mini UNIX?

       32V ran on the Vax.  Ok, technically this was not a PDP-11, but
       the 32V version of UNIX was essentially a straight port of 7th
       Edition over to the Vax, with no additions (no virtual memory, no
       nothing).  It's a very historically important version of UNIX,
       and we would like to have it included.

       Note importantly that the draft license so far will not permit us
       to install 32V on a Vax, so we can only view the source and
       documentation, not actually run the software.

    Right.  I pointed this out to our legal guys.

       We would be prepared to lose this version, if it became a
       sticking point, but it would still be nice to have it available
       for reading.  Remember, we want the license to cover not only
       PDP-11 owners, but people who have a historical interest in UNIX.
       You'd be surprised how popular the `John Lions Commentary on 6th
       Edition UNIX' is, even though few people own PDP-11s now.

       	  your "2BSD release" is this the Berkely versions of UNIX? -
       	  if it is, it could go up to our SVR4.0 and we do not want
       	  to included this in our license.

       I don't know if you have seen a diagram of the UNIX genealogy.
       Grab hold of `Life with UNIX', or go to
       http://minnie.cs.adfa.oz.au/PUPS/node1.html, and view the diagram
       there.

       You will see that 1BSD and 2BSD are derived from 6th & 7th
       Edition UNIX.  3BSD was a split from the 2BSD branch, and then
       became 4BSD.  So:

       	6th
       	 |
       	 V
       	1BSD
       	 |
       	 V
       	2BSD ---> 3BSD ---> 4BSD
       	 |		      |
       	 V		      V

       2BSD and subsequent versions run only on the PDP-11. Yes, later versions
       such as 2.11BSD have taken some code from the 4.3BSD and 4.4BSD versions.

       In terms or licensing, we are in a situation similar to the 4.4BSD-Lite
       situation. The perception was that certain parts of 4.4 were derived `enough'
       from old UNIX, and so were left out.

       With 2BSD and its derivatives, we happily assert that there IS stuff left
       over from 6th and 7th Edition. I am sure there is nothing taken from 32V
       or from later versions of UNIX. All we want is the license to cover anything
       still in 2BSD which is _derived_ from the early versions of UNIX.

    Exactly.

       If you want to limit the versions from which code can be derived, then
       7th Edition or 32V would be suitable. I'm not the current maintainer of
       2BSD; Steven Schultz is, and he is available by email at sms@moe.2bsd.com.

       I will pass this email on to Steven, as he is really the person who should
       be negotiating with SCO over 2BSD. Please read my comments with a grain of
       salt, and treat all comments from Steven as overriding my comments!

       [ finally, some comments on the attached group discussion ]

    This was some mail I addressed to one of our VPs, actually.

       	  >>>>It has to do with having people on our side...  important people,
       	  >>>>people who dislike Microsoft and are not enamored of Sun.  ...
       	  >>>>people who speak at conferences, influence decision makers and
       	  >>>>mentor students.

       Step back a bit & leave out the factional stuff. You've got a chance here
       of winning loyalty from the whole UNIX community. You have already:

    Yes, of course.  The factionalism was for the VP's consumption.

       	+ made binary licenses for old systems freely available
       	+ given permission for the Lions Commentary to be distributed

       If you add:

       	+ cheap licenses for old & historically important UNIX systems

       then you have stood up and said:

       	These three events show that we believe in the heritage of UNIX,
       	both the fact that the software was available in source form, but
       	that what helped make UNIX so strong was the community spirit that
       	pervaded the early development of UNIX.

       	We want to repay our debt to the UNIX community and we feel that
       	by (doing these 3 things) we have in some measure done so.

       These three events, together, are a real PR coup. Don't overlook that!!

    Quite so.

       	  >>>> We could make it better if we find time to create a real
       	  >>>> historical archive of this stuff, but that can happen over
       	  >>>> time.  The licensees would help us.

       Yes, we sure would!! Especially if SCO can dig up any other tapes lying
       around which we don't have.

    Dont hold your breath, but I will try to excite some interest from
    the New Jersey folks.  Strangely, they are not very enthusiastic
    about this.

       	  >>>>	>UNIX is a research/academic tool.  The technical community
       	  >>>>	>respects UNIX (they do not respect NT very much).  We
       	  >>>>	>need to leverage that respect and act as if we are the
       	  >>>>	>keepers of the UNIX heritage.

       I think it's a mind set thing: accessible source code vs. non-accessible
       source code, or ``Use the source, Luke''. UNIX was brought up in this mind
       set. Sun's playing on this with their release of source code to academic
       institutions -- they're gaining kudos, not money. They're buying reputation.

       Anyway, I could go on & on with comments. You know how I feel. SCO gains
       kudos, reputation and goodwill out of this. Sure you can't put a $ value on
       it, but I hope it will strengthen the market perception of SCO as a willing
       and helpful part of the UNIX community.

       Please pass my comments on to the legal eagle & to the others involved in SCO.
       P.S Can you get people to call me Warren & not Toomey :-) I'm a 1st name guy.

    Yes, I will try to remember to do so.

       Thanks again & expect a follow-up reply from Steven Schultz about 2BSD.

    Got it already.

       	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/17
    Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id GAA02461 for <wkt@henry.cs.adfa.oz.au>; Thu, 18 Sep 1997 06:28:54 +1000 (EST)
    Received: from tahoe.pdev.sco.com by sco.sco.COM id aa12271; 17 Sep 97 13:07 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@henry.cs.adfa.oz.au
    Subject: first draft of jurassaic UNIX license
    Date: Wed, 17 Sep 97 12:58:35 PDT
    Message-ID:  <9709171258.aa01102@tahoe.pdev.sco.com>
    Status: ROr

    OK, here is a first draft.  I have not studied this in detail.
    I think it has some problems, but could you please take a look
    and tell me what you think?  thx  Feel free to send it to some
    of your colleagues, but please do not distribute widely or
    post.

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Czar of Free Stuff and Technical customers' advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    Agreement Number: ________________

    THE SANTA CRUZ OPERATION, INC.
    SPECIAL SOFTWARE LICENSE AGREEMENT

    A.  THE SANTA CRUZ OPERATION, INC., a California corporation
    (SCO), having an office at 400 Encinal Street, Santa Cruz,
    California 95061-1900 and LICENSEE, as defined in the signature
    block of this Agreement agree that, as of the Effective Date
    hereof, as defined in Section 7.1, the terms and conditions set
    forth in this Agreement shall apply to use by LICENSEE of SOURCE
    CODE PRODUCTS subject to this Agreement.

    B.  SCO makes certain licensing rights for SOURCE CODE PRODUCTS
    available under this Agreement, including rights to make and use
    DERIVED BINARY PRODUCTS.  Such SOURCE CODE PRODUCT is identified
    in Section 3 of this Agreement .

    C.  This Agreement sets forth the entire agreement and
    understanding between the parties as to the subject matter hereof
    and merge all prior discussions between them, and neither of the
    parties shall be bound by any conditions, definitions,
    warranties, understandings or representations with respect to
    such subject matter other than as expressly provided herein or as
    duly set forth on or subsequent to the date of acceptance hereof
    in writing and signed by a proper and duly authorized
    representative of the party to be bound thereby.  No provision
    appearing on any form originated by LICENSEE shall be applicable
    unless such provision is expressly accepted in writing by an
    authorized representative of SCO.

    F.  The AUTHORIZED COUNTRY for this Agreement shall be ______________________.

    IN WITNESS WHEREOF, the parties have caused this Agreement to be
    executed by their duly authorized representatives.

    LICENSEE:					THE SANTA CRUZ OPERATION, INC.

    __________________________________ 	By:_________________________________
    (Name)

    __________________________________	____________________________________
    (Address)	(Title)

    __________________________________	____________________________________
    (Address)					(Date)

    __________________________________
    (By)

    __________________________________
    (Print or Type Name

    __________________________________
    (Title)

    I.  DEFINITIONS

    1.1 AUTHORIZED COUNTRY means the country specified on page 1 of
    this Agreement.

    1.2 CPU means a computer having one or more processing units and
    a single global memory space.

    1.3 COMPUTER PROGRAM means any instruction or instructions for
    controlling the operation of a CPU.

    1.4 DERIVED BINARY PRODUCT means COMPUTER PROGRAMS in OBJECT CODE
    format based on a SOURCE CODE PRODUCT.

    1.5 DESIGNATED CPU means any CPU licensed as such for a specific
    SOURCE CODE PRODUCT.

    1.6 OBJECT CODE means a COMPUTER PROGRAM in binary form,
    resulting from the compilation of SOURCE CODE by computer or
    compiler into machine executable code and which is in a form of
    computer programs not convenient to human understanding of the
    program logic, but which is appropriate for execution or
    interpretation by computer.

    1.7 SOURCE CODE means COMPUTER PROGRAMS written in certain
    programming languages in electronic media form and in a form
    convenient for reading and review by a trained individual, such
    as a printed or written listing of programs, containing specific
    algorithms, instructions, plans, routines and the like, for
    controlling the operation of a computer system, but which is not
    in a form that would be suitable for execution directly on
    computer hardware.

    1.8 SOURCE CODE PRODUCT means a SCO software offering, primarily
    in SOURCE CODE form.  Such offering may also include OBJECT CODE
    components.

    1.9 SUCCESSOR OPERATING SYSTEM means a SCO software offering that
    is (i) specifically designed for a 16-Bit computer and (ii)
    specifically excludes UNIX System V and successor operating
    systems.

    2.  GRANT OF RIGHTS

    2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
    nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
    CODE PRODUCT identified in Section 3 of this Agreement, solely
    for personal use (as restricted in Section 2.1(b)) and solely on
    or in conjunction with one (1) DESIGNATED CPU for such SOURCE
    CODE PRODUCT.  Such right to use includes the right to modify
    such SOURCE CODE PRODUCT and to prepare DERIVED BINARY PRODUCT
    based on such SOURCE CODE PRODUCT, provided that any such
    modification or DERIVED BINARY PRODUCT that contains any part of
    a SOURCE CODE PRODUCT subject to this Agreement is treated
    hereunder the same as such SOURCE CODE PRODUCT.  SCO claims no
    ownership interest in any portion of such a modification or
    DERIVED BINARY PRODUCT that is not part of a SOURCE CODE PRODUCT.

    (b) Personal use is limited to noncommercial uses.  Any such use
    made in connection with the development of enhancements or
    modifications to SOURCE CODE PRODUCTS is permitted only if (i)
    neither the results of such use nor any enhancement or
    modification so developed is intended primarily for the benefit
    of a third party and (ii) any copy of any such result,
    enhancement or modification, furnished by LICENSEE to a third
    party holder of an equivalent Software License with SCO where
    permitted by Section 8.4(b) below, is furnished for no more than
    the cost of reproduction and shipping.  Any such copy that
    includes any portion of a SOURCE CODE PRODUCT shall be subject to
    the provisions of such Section 8.4.

    (c) LICENSEE may produce printed and on-line copies of
    documentation included with the SOURCE CODE PRODUCT as necessary
    for use with the DESIGNATED CPU.  All copies must include a
    legally sufficient copyright notice and a statement that the
    documents include a portion or all of SCO's copyrighted
    documentation, which is being reproduced with permission.

    (d) Commercial use by LICENSEE of SOURCE CODE PRODUCTS or of any
    result, enhancement or modification associated with the use of
    SOURCE CODE PRODUCTS under this Agreement is not permitted.  Such
    commercial use is permissible only pursuant to the terms of an
    appropriate commercial software agreement between SCO or a
    corporate affiliate thereof and LICENSEE.  For purposes of this
    Agreement, "commercial use" includes, but is not limited to,
    furnishing copies to third parties in a manner not permitted by
    Section 8.4(b).

    (e) SCO also grants LICENSEE a personal, nontransferable and
    nonexclusive right to make copies of DERIVED BINARY PRODUCTS and,
    subject to U.  S.  Government export requirements and to Section
    8.4(b), to furnish such copies directly to other LICENSEES who
    have an equivalent Software License with SCO before or at the
    time of furnishing each copy of a DERIVED BINARY PRODUCT.

    2.2 (a) Any notice acknowledging a contribution of a third party
    appearing in a SOURCE CODE PRODUCT shall be included in
    corresponding portions of DERIVED BINARY PRODUCTS made by
    LICENSEE.

    (b) Each portion of a DERIVED BINARY PRODUCT shall include an
    appropriate copyright notice.  Such copyright notice may be the
    copyright notice or notices appearing in or on the corresponding
    portions of the SOURCE CODE PRODUCT on which such DERIVED BINARY
    PRODUCT is based or, if copyrightable changes are made in
    developing such DERIVED BINARY PRODUCT, a copyright notice
    identifying the owner of such changes.

    2.3 No right is granted hereunder to use any trademark of SCO (or
    a corporate affiliate thereof).  However, LICENSEE must state in
    packaging, labeling or other wise that a DERIVED BINARY PRODUCT
    is derived from SCO's software under license from SCO and
    identify such software (including any trademark, provided the
    proprietor of the trademark is appropriately identified).
    LICENSEE agrees not to use a name or trademark for a DERIVED
    BINARY PRODUCT that is confusingly similar to a name or trademark
    used by SCO (or a corporate affiliate thereof).

    2.4 A single back-up CPU may be used as a substitute for the
    DESIGNATED CPU without notice to SCO during any time when such
    DESIGNATED CPU is inoperative because it is malfunctioning or
    undergoing repair, maintenance or other modification.

    3.  LICENSED SOURCE CODE PRODUCTS

    The SOURCE CODE PRODUCTS to which SCO grants rights under this
    Agreement are restricted to the following UNIX Operating Systems,
    including SUCCESSOR OPERATING SYSTEMs, that were designed to
    operate on the 16-Bit PDP-11 CPU:

    UNIX Edition 1, 2, 3, 4, 5, 6, 7

    4.  DELIVERY

    SCO makes no guarantees or commitments that any SOURCE CODE
    PRODUCT is available from SCO.  If available, SCO will, within a
    reasonable time after SCO receives the fee specified in this
    Agreement for a SOURCE CODE PRODUCT, furnish to LICENSEE one (1)
    copy of such SOURCE CODE PRODUCT.

    5.  EXPORT

    5.1 LICENSEE agrees that it will not, without the prior written
    consent of SCO, export, directly or indirectly, SOURCE CODE
    PRODUCTS covered by this Agreement to any country outside of the
    AUTHORIZED COUNTRY.

    5.2 LICENSEE hereby assures SCO that it does not intend to and
    will not knowingly, without the prior written consent, if
    required, of the Office of Export Administration of the U.S.
    Department of Commerce, Washington, D.C.  20230, transmit,
    directly or indirectly:

    (i) any SOURCE CODE PRODUCT subject to this Agreement; or

    (ii) any immediate product (including processes) produced
    directly by the use of any such SOURCE CODE PRODUCT;

    to Afghanistan, the People's Republic of China or any Group Q, S,
    W, Y or Z country specified in Supplement No.  1 to Section 370
    of the Export Administration Regulations issued by the U.S.
    Department of Commerce.

    5.3 LICENSEE agrees that its obligations under Sections 5.1 and
    5.2 shall survive and continue after any termination of rights
    under this Agreement.

    6.  FEES AND TAXES

    6.1 In consideration for the rights granted to LICENSEE for use
    of the SOURCE CODE PRODUCTS identified in Section 3 above,
    LICENSEE shall pay to SCO a Right-to-Use Fee of US$100.00 for the
    DESIGNATED CPU at the time this Agreement is returned to SCO for
    final execution.

    6.2 Payment to SCO shall be made in United States dollars to SCO
    at the address specified in Section 8.8(a).

    6.3 LICENSEE shall pay all taxes (and any related interest or
    penalty), however designated, imposed as a result of the
    existence or operation of this Agreement, including, but not
    limited to, any tax which LICENSEE is required to withhold or
    deduct from payment to SCO, except (i) any tax imposed upon SCO
    (or a corporate affiliate thereof) in the jurisdiction in which
    the aforesaid office of LICENSEE is located if such tax is
    allowable as a credit against United States income taxes of SCO
    (or such an affiliate) and (ii) any income tax imposed upon SCO
    (or such an affiliate) by the United States or any governmental
    entity within the United States proper (the fifty (50) states and
    the District of Columbia).  To assist in obtaining the credit
    identified in (i) of this Section 5.05, LICENSEE shall furnish
    SCO with such evidence as may be required by United States taxing
    authorities to establish that any such tax has been paid.  The
    Fee specified in Section 6.1 above do not include taxes.  If SCO
    is required to collect a tax to be paid by LICENSEE, LICENSEE
    shall pay such tax to SCO on demand.

    7.  TERM

    7.1 This Agreement shall become effective on and as of the date
    of acceptance by SCO.  The initial term of this Agreement shall
    be for one (1) year.  Thereafter, the Agreement will
    automatically renew for successive one (1) year terms unless
    either party gives the other, no later than ninety (90) days
    before the end of the initial term, or then current extension,
    written notice of its intent to terminate this Agreement.
    Nothing in this Agreement shall be construed to require either
    party to extend this Agreement beyond the initial term or any
    subsequent term.

    7.2 LICENSEE may terminate its rights under this Agreement by
    written notice to SCO certifying that LICENSEE has discontinued
    use of and returned or destroyed, at SCO's option, all copies of
    SOURCE CODE PRODUCTS subject to this Agreement.

    7.3 If LICENSEE fails to fulfill one or more of its obligations
    under this Agreement, SCO may, upon its election and in addition
    to any other remedies it might have, at any time terminate all
    the rights granted by it hereunder by not less than two (2)
    months' written notice to LICENSEE specifying any such breach,
    unless within the period of such notice all breaches specified
    therein shall have been remedied; upon such termination LICENSEE
    shall immediately discontinue use of and return or destroy, at
    SCO's option, all copies of SOURCE CODE PRODUCTS in its
    possession.

    7.4 In the event of termination of LICENSEE's rights under
    Sections 7.2 or 7.3, (i) all fees that LICENSEE has become
    obligated to pay shall become immediately due and payable and
    (ii) SCO shall have no obligation to refund any amounts paid to
    it hereunder.

    8.  MISCELLANEOUS PROVISIONS

    8.1 This Agreement shall prevail notwithstanding any conflicting
    terms or legends which may appear in a SOURCE CODE PRODUCT.

    8.2 If, and only if, SCO is the entity that provides SOURCE CODE
    PRODUCT to LICENSEE, SCO warrants for a period of ninety (90)
    days from furnishing a SOURCE CODE PRODUCT to LICENSEE hereunder,
    that any magnetic medium on which portions of a SOURCE CODE
    PRODUCT are furnished will be free under normal use from defects
    in materials, workmanship or recording.  If such a defect appears
    within such warranty period LICENSEE may return the defective
    medium for replacement without charge.  Replacement is LICENSEE's
    sole remedy with respect to such a defect.  SCO also warrants
    that it is empowered to grant the rights granted herein.  SCO and
    other developers make no other representations or warranties,
    expressly or impliedly.  By way of example but not of limitation,
    SCO and other developers make no representations or warranties of
    merchantability or fitness for any particular purpose, or that
    the use of any SOURCE CODE PRODUCT will not infringe any patent,
    copyright or trademark.  SCO and other developers shall not be
    held to any liability with respect to any claim by LICENSEE, or a
    third party on account of, or arising from, the use of any SOURCE
    CODE PRODUCT.

    8.3 Neither the execution of this Agreement nor anything in any
    SOURCE CODE PRODUCT shall be construed as an obligation upon SCO
    or any other developer to furnish any person, including LICENSEE,
    any assistance of any kind whatsoever, or any information or
    documentation.

    8.4 (a) LICENSEE agrees that it shall hold all parts of the
    SOURCE CODE PRODUCTS subject to this Agreement in confidence for
    SCO.  LICENSEE further agrees that should it make such disclosure
    of any or all of such SOURCE CODE PRODUCTS (including methods or
    concepts utilized therein) to anyone to whom such disclosure is
    necessary to the use for which rights are granted hereunder,
    LICENSEE shall appropriately notify each such person to whom any
    such disclosure is made that such disclosure is made in
    confidence and shall be kept in confidence and have each such
    person sign a confidentiality agreement containing restrictions
    on disclosure substantially similar to those set forth herein.

    If LICENSEE should become aware of a violation of SCO's
    intellectual property and/or proprietary rights, LICENSEE shall
    promptly notify SCO and cooperate with SCO in such enforcement.

    If information relating to a SOURCE CODE PRODUCT subject to this
    Agreement at any time becomes available without restriction to
    the general public by acts not attributable to LICENSEE,
    LICENSEE's obligations under this section shall not apply to such
    information after such time.

    (b) Notwithstanding the provisions of Section 8.4(a), LICENSEE
    may make available copies of a SOURCE CODE PRODUCT, either in
    modified or unmodified form, to third parties in the AUTHORIZED
    COUNTRY having Source Code Licenses of the same scope herewith
    from SCO for the same SOURCE CODE PRODUCT, if and only if (i)
    LICENSEE first requests verification the status of the recipient
    by contacting SCO at the address contained in Section 8.8(b) or
    other number specified by SCO, and (ii) SCO gives written
    verification of the recipient's software license status.
    LICENSEE shall maintain a record of each such SOURCE CODE PRODUCT
    made available.

    8.5 (a) On SCO's request, but not more frequently than annually,
    LICENSEE shall furnish to SCO a statement, listing the location,
    type and serial number of the DESIGNATED CPU hereunder and
    stating that the use by LICENSEE of SOURCE CODE PRODUCTS subject
    to this Agreement has been reviewed and that each such SOURCE
    CODE PRODUCT is being used solely on the DESIGNATED CPU (or
    temporarily on a back-up CPU) for such SOURCE CODE PRODUCTS in
    full compliance with the provisions of this Agreement.

    (b) SCO shall have the right, upon reasonable notice to LICENSEE
    and through SCO's accredited auditing representative, to make an
    on-site inspection during normal business hours, not more
    frequently than annually, of all LICENSEE's CPUs to determine
    that SOURCE CODE PRODUCTS are being used solely on the DESIGNATED
    CPU and are used solely for personal purposes as authorized under
    this Agreement.

    8.6 The obligations of LICENSEE under Section 8.4 shall survive
    and continue after any termination of rights under this
    Agreement.

    8.7 Neither this Agreement nor any rights hereunder, in whole or
    in part, shall be assignable or otherwise transferable by
    LICENSEE and any purported assignment or transfer shall be null
    and void.

    8.8 (a) Payments to SCO under this Agreement shall be made
    payable and sent to:

    CHECK DRAWN ON U.S. BANK TO:
    THE SANTA CRUZ OPERATION, INC.
    P.O. Box 7745
    San Francisco, CA 94120-7745

    (b) Correspondence with SCO relating to this Agreement shall be sent to:

    THE SANTA CRUZ OPERATION, INC.
    400 Encinal Street
    Santa Cruz, California 95061-1900
    United States of America
    Attention: Law and Corporate Affairs

    (c) Any statement, notice, request or other communication shall
    be deemed to be sufficiently given to the addressee and any
    delivery hereunder deemed made when sent by certified mail
    addressed to LICENSEE at its office specified in this Agreement
    or to SCO at the appropriate address specified in this Section
    7.7.  Each party to this Agreement may change an address relating
    to it by written notice to the other party.

    8.9 LICENSEE shall obtain all approvals from any governmental
    authority in the AUTHORIZED COUNTRY required to effectuate this
    Agreement according to its terms, including any such approvals
    required for LICENSEE to make payments to SCO pursuant to this
    Agreement.  LICENSEE shall bear all expenses associated with
    obtaining such approvals.

    8.10 The construction and performance of this Agreement shall be
    governed by the laws of the State of California, USA.

     SCO-Soft.  Sp.-090897 Page 1 of 6

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    Date: Wed, 17 Sep 1997 20:16:52 -0700 (PDT)
    From: "Steven M. Schultz" <sms@moe.2bsd.com>
    Message-Id: <199709180316.UAA16782@moe.2bsd.com>
    To: dionj@sco.COM
    Subject: Re: first draft of jurassaic UNIX license (fwd)
    Cc: wkt@henry.cs.adfa.oz.au
    Status: RO

    Greetings -

    	I do not believe I have previously thanked you for the time and
    	effort you have spent in this cause.  Thank you very much.

    	(I agree with Warren - your signature block is nifty!)

    	As you mentioned there are a couple "problems".  Warren has addressed
    	the "Single Country" aspect.  My concern and questions deal with, for
    	the most part, the "DESIGNATED CPU" concept.

    	Is it SCO's intent to license "the person" or "the specific system"?

    	2.1(a) starts off sounding like a "per person" license:

    > 2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
    > nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
    > CODE PRODUCT identified in Section 3 of this Agreement, solely
    > for personal use (as restricted in Section 2.1(b)) and solely on

    	So far so good.  Personally I find the idea of a "personal license"
    	more attractive and easier to deal with (for both sides) than a
    	"per cpu/system" one.

    	But then the paragraph continues on:

    > or in conjunction with one (1) DESIGNATED CPU for such SOURCE
    > CODE PRODUCT.  Such right to use includes the right to modify

    	Hmmm, the "DESIGNATED CPU" would indicate that the "system" rather than
    	the hobbyist is being licensed.

    	2.1(b) goes back to the "Personal use" theme:

    > (b) Personal use is limited to noncommercial uses.  Any such use
    > made in connection with the development of enhancements or

    	There are numerous other cases that seem to alternate between
    	"personal" and "system".

    	The beneficiaries of an inexpensive source license for "old" UNIX
    	are the hobbyists (Dion - if you do get a PDP-11/73 and need some
    	help setting it up let me know).  It is not uncommon for a 'collector'
    	to have two or more machines that have been "rescued" from the landfill
    	(or whatever).

    	Would it be possible to change the language to be more along the
    	lines (and I'm not a lawyer as you can probably tell;-)) of
    	"systems belonging to the licensed individual"?  I can see where
    	SCO would not appreciate my taking my license over to a friend's house
    	and installing a system.  But I do have two systems in my house, an
    	11/73 and an 11/93 (I'd get a 11/44 but it'd eat me alive on
    	electricity).

    > 2.2 (a) Any notice acknowledging a contribution of a third party
    > appearing in a SOURCE CODE PRODUCT shall be included in
    > corresponding portions of DERIVED BINARY PRODUCTS made by
    > LICENSEE...

    > (b) Each portion of a DERIVED BINARY PRODUCT shall include an
    > appropriate copyright notice.  Such copyright notice may be the

    	Could SCO provide an example paragraph that should be included in
    	the labels on any media, etc?  "Some or all contents are licensed
    	by SCO ..." I would guess.

    > 2.4 A single back-up CPU may be used as a substitute for the
    > DESIGNATED CPU without notice to SCO during any time when such
    > DESIGNATED CPU is inoperative because it is malfunctioning or
    > undergoing repair, maintenance or other modification.

    	Personally I'd like to see that paragraph rewritten - something like
    	"systems in the licensed individual's domicile, or in the license'd
    	person's possession".  Something like that.

    > 7.  TERM
    >
    > 7.1 This Agreement shall become effective on and as of the date
    > of acceptance by SCO.  The initial term of this Agreement shall
    > be for one (1) year.  Thereafter, the Agreement will
    > automatically renew for successive one (1) year terms unless

    	Oh, annual renewal?  That's going to cut into the money's generated
    	by the (very modest) license fee, isn't it?

    	Does this mean if I relocate or move I would need to notify SCO?

    > 8.5 (a) On SCO's request, but not more frequently than annually,
    > LICENSEE shall furnish to SCO a statement, listing the location,
    > type and serial number of the DESIGNATED CPU hereunder and

    	Ouch - here we run into a real problem.  There is no concept of
    	a "serial number" in many cases.  I put (in one case paid someone
    	else to) the system together out of parts - a BA23 box from here,
    	a M8192 (that's the 11/73 CPU module) from elsewhere, a DEQNA from
    	a used equipment place, and so on.

    	The larger systems (11/70, perhaps the 11/44) had "serial numbers"
    	but the smaller (more likely to be found in homes) systems are
    	almost "PC" like in using 'commodity parts'.

    	On the other hand if the lawyers can find a way to license the
    	individual rather than the machine paragraph 8.5 disappears.

    > (b) SCO shall have the right, upon reasonable notice to LICENSEE
    > and through SCO's accredited auditing representative, to make an
    > on-site inspection during normal business hours, not more

    	Let me know when you're dropping in - I make a wicked batch of
    	chili if I have a day or so's notice <grin>

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/18
    Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id EAA03746 for <wkt@henry.cs.adfa.oz.au>; Fri, 19 Sep 1997 04:52:34 +1000 (EST)
    Received: from tahoe.pdev.sco.com by sco.sco.COM id aa28934; 18 Sep 97 11:46 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@henry.cs.adfa.oz.au
    Subject: Re: first draft of jurassaic UNIX license
    Cc: sms@moe.2bsd.com
    Date: Thu, 18 Sep 97 11:31:26 PDT
    Message-ID:  <9709181131.aa07184@tahoe.pdev.sco.com>
    Status: ROr

    Eminent colleagues,

    Yes, I agree there are a number of changes needed.  I will study
    this later today and tomorrow and make recommendations and
    incorporate your wishes, to our legal eagles in NJ.  I think most
    of the bad stuff is just due to their cut and past of existing
    contract blurbage, rather than any bad intent.

    PS: I got my copy of Salus' book yesterday.  Very interestng
    reading!  I wish I could have joined Bell Labs in 1965 instead of
    IBM.  I interviewed with Bell Labs, but they didnt want to hire
    anyone who did not have straight-A grade point average.  :-) It
    kinda shows, huh?  :-)
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/18
    Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id JAA02699; Thu, 18 Sep 1997 09:32:17 +1000 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199709172332.JAA02699@henry.cs.adfa.oz.au>
    Subject: Re: first draft of jurassaic UNIX license
    To: dionj@sco.COM (Dion)
    Date: Thu, 18 Sep 1997 09:32:17 +1000 (EST)
    Cc: sms@moe.2bsd.com (Steven Schultz), wkt (Warren Toomey)
    In-Reply-To:  <9709171258.aa01102@tahoe.pdev.sco.com> from Dion at "Sep 17, 97 12:58:35 pm"
    Reply-To: wkt@cs.adfa.oz.au
    X-Mailer: ELM [version 2.4ME+ PL22 (25)]
    MIME-Version: 1.0
    Content-Type: text/plain; charset=US-ASCII
    Content-Transfer-Encoding: 7bit
    Status: RO

    In article by Dion:
    > OK, here is a first draft.  I have not studied this in detail.
    > I think it has some problems, but could you please take a look
    > and tell me what you think?  thx  Feel free to send it to some
    > of your colleagues, but please do not distribute widely or
    > post.
    >
    > Dion L. Johnson II  - The Santa Cruz Operation, Inc.           dionj@sco.com
    > Czar of Free Stuff and Technical customers' advocate.

    I like your signature :-)

    Yes, there are a number of things I dislike about the first legal draft.
    Essentially, they boil down to:

    	Single Country Limitation,
    	Single CPU Limitation,
    	List of UNIX Versions

    Single Country Limitation
    -------------------------

    Ok, this seems very unfair. I have to buy another license if I move to
    another country. Also, I can only pass on SOURCE CODE PRODUCTS to other
    LICENSEES in the same country.

    Specific comments:

    5. Export: How am I going to distribute src/binaries to other LICENSEES
            if this restriction is in place? Do I have to get consent for each
            individual export event?

    5.2 Does this section apply to non-US citizens living in non-US countries?
            If so, how can I obtain Supplement No.  1 to Section 370
            of the Export Administration Regulations issued by the U.S.
            Department of Commerce.

    Single CPU Limitation
    ---------------------

    This is _extremely_ unfair. In fact I can't believe that this is in the
    draft license. I'll show you why this is a futile clause, later. But first,
    how is SCO going to deal with emulated PDP-11s, which do not have a
    DESIGNATED CPU?

    List of UNIX Versions
    ---------------------

    SCO also owns the copyright to PWB UNIX and Mini UNIX. Please can they
    be covered? 32V is missing as well, it's a pity that the license does not
    cover 32V.

    What is SCO's stand going to be on the derived Unix flavours which they don't
    strictly own, such as AUSAM, 2BSD etc??

    Miscellaneous
    -------------

    Can we make backups of the software? Which clause permits us to do this?

    Single CPU Futility
    -------------------

    For at least 5th, 6th and 7th Edition, the single CPU restriction is futile,
    given SCO's existing binary license for these versions:

    	1 DEFINITIONS

    	LICENSED SOFTWARE shall mean solely the object code of the following
    	versions of SCO's UNIX operating system software: Versions V5, V6, and
    	V7 adapted for PDP-11 computer systems.

    	SCO INTELLECTUAL PROPERTY RIGHTS shall mean patent, copyright and trade
    	secret rights of The Santa Cruz Operation, Inc. ("SCO") in the LICENSED
    	SOFTWARE.

    	2 LICENSE GRANT

    	SCO grants to CUSTOMER a worldwide, non-exclusive, royalty-free license
    	under SCO INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, and use the
    	LICENSED SOFTWARE solely for non-commercial uses, and to distribute the
    	LICENSED SOFTWARE to a third party who is also bound by the terms and
    	conditions of this License Agreement.

    This existing binary license has NO CPU restriction.

    Dion, this is my first quick review of the draft. I'll sit down and have
    a more detailed perusal and send you any further comments. I have passed
    the draft on to Steven Schultz only, so far, and he should return his
    comments to you as well.

    Thanks again,

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/19
    Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id IAA23827 for <wkt@henry.cs.adfa.oz.au>; Sat, 20 Sep 1997 08:25:45 +1000 (EST)
    Received: from tahoe.pdev.sco.com by sco.sco.COM id aa26658; 19 Sep 97 15:26 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@henry.cs.adfa.oz.au
    Subject: Re: first draft of jurassaic UNIX license
    Cc: sms@moe.2bsd.com
    Date: Fri, 19 Sep 97 15:18:48 PDT
    Message-ID:  <9709191518.aa21209@tahoe.pdev.sco.com>
    Status: RO

    more comments interpolated below.

       From sco.sco.com!henry.cs.adfa.oz.au!wkt Wed Sep 17 16:41:40 1997
       From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
       Subject: Re: first draft of jurassaic UNIX license
       To: Dion <dionj@sco.com>
       Date: Thu, 18 Sep 1997 09:32:17 +1000 (EST)
       Cc: Steven Schultz <sms@moe.2bsd.com>,
           Warren Toomey <wkt@henry.cs.adfa.oz.au>

       In article by Dion:
       > OK, here is a first draft.  I have not studied this in detail.
       > I think it has some problems, but could you please take a look
       > and tell me what you think?  thx  Feel free to send it to some
       > of your colleagues, but please do not distribute widely or
       > post.
       >
       > Dion L. Johnson II  - The Santa Cruz Operation, Inc.           dionj@sco.com
       > Czar of Free Stuff and Technical customers' advocate.

       I like your signature :-)

       Yes, there are a number of things I dislike about the first legal draft.
       Essentially, they boil down to:

       	Single Country Limitation,
    fixed
       	Single CPU Limitation,
    fixed
       	List of UNIX Versions
    fixed (this is the trickiest one, I suspect)

       Single Country Limitation
       -------------------------

       Ok, this seems very unfair. I have to buy another license if I move to
       another country. Also, I can only pass on SOURCE CODE PRODUCTS to other
       LICENSEES in the same country.

    Agreed.  I am proposing a change to "all countries except... "

       Specific comments:

       5. Export: How am I going to distribute src/binaries to other LICENSEES
               if this restriction is in place? Do I have to get consent for each
               individual export event?
    See above comment.

       5.2 Does this section apply to non-US citizens living in non-US countries?
               If so, how can I obtain Supplement No.  1 to Section 370
               of the Export Administration Regulations issued by the U.S.
               Department of Commerce.

    I think we desire that it should so apply.  I dont really understand
    how contracts are supposed to work internationally.  This document is
    probably available from the US govt printing office.  I will ask
    the legal folks to provide a pointer.

       Single CPU Limitation
       ---------------------

       This is _extremely_ unfair. In fact I can't believe that this is in the
       draft license. I'll show you why this is a futile clause, later. But first,
       how is SCO going to deal with emulated PDP-11s, which do not have a
       DESIGNATED CPU?

    Right. I am defining "DESIGNATED CPU GROUP"

       List of UNIX Versions
       ---------------------

       SCO also owns the copyright to PWB UNIX and Mini UNIX. Please can they
       be covered? 32V is missing as well, it's a pity that the license does not
       cover 32V.

       What is SCO's stand going to be on the derived Unix flavours which they don't
       strictly own, such as AUSAM, 2BSD etc??

    Well, it does say  "including SUCCESSOR OPERATING SYSTEMS".  I think
    they want to avoid enumerating some of these flavors to which we may
    not own full rights.  I will try to fix up the definition of
    successors to include everything up to but not including system III
    or so.

       Miscellaneous
       -------------

       Can we make backups of the software? Which clause permits us to do this?

    This license seems to incorporate a lot of stuff in the word "use".
    You are allowed to USE the the source code.  Reasonably, this
    means to make backup copies, to compile (i.e., make modifications),
    etc.  Certainly you would be allowed to transmit the product between
    the machines in the CPU GROUP, and to other licensees.  I think
    for our purposes, the word "use" is desirably vague and better
    than spelling out "copy, modify, transmit, ... etc."

       Single CPU Futility
       -------------------

       For at least 5th, 6th and 7th Edition, the single CPU restriction is futile,
       given SCO's existing binary license for these versions:

       	1 DEFINITIONS

       	LICENSED SOFTWARE shall mean solely the object code of the following
       	versions of SCO's UNIX operating system software: Versions V5, V6, and
       	V7 adapted for PDP-11 computer systems.

       	SCO INTELLECTUAL PROPERTY RIGHTS shall mean patent, copyright and trade
       	secret rights of The Santa Cruz Operation, Inc. ("SCO") in the LICENSED
       	SOFTWARE.

       	2 LICENSE GRANT

       	SCO grants to CUSTOMER a worldwide, non-exclusive, royalty-free license
       	under SCO INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, and use the
       	LICENSED SOFTWARE solely for non-commercial uses, and to distribute the
       	LICENSED SOFTWARE to a third party who is also bound by the terms and
       	conditions of this License Agreement.

       This existing binary license has NO CPU restriction.

    Agreed.  I think CPU GROUP fixes this.
    -Dion
    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Czar of Free Stuff and Technical customers' advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

       Dion, this is my first quick review of the draft. I'll sit down and have
       a more detailed perusal and send you any further comments. I have passed
       the draft on to Steven Schultz only, so far, and he should return his
       comments to you as well.

       Thanks again,

       	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/19
    Received: from sco.sco.COM (sco.sco.COM [132.147.128.9]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with SMTP id HAA22118 for <wkt@henry.cs.adfa.oz.au>; Sat, 20 Sep 1997 07:11:38 +1000 (EST)
    Received: from tahoe.pdev.sco.com by sco.sco.COM id aa24253; 19 Sep 97 14:12 PDT
    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: sms@moe.2bsd.com
    Subject: Re: first draft of jurassaic UNIX license (fwd)
    Cc: wkt@henry.cs.adfa.oz.au
    Date: Fri, 19 Sep 97 13:58:15 PDT
    Message-ID:  <9709191358.aa17707@tahoe.pdev.sco.com>
    Status: ROr

    Steve - this mail addresses your questions and comments.

    Warren, I will address your mail separately.  Some of your
    concerns are answered here.

    See comments and questions interpolated below.

       From sco.sco.com!moe.2bsd.com!sms Wed Sep 17 20:50:54 1997
       Date: Wed, 17 Sep 1997 20:16:52 -0700 (PDT)
       From: "Steven M. Schultz" <sms@moe.2bsd.com>
       To: dionj@sco.com
       Subject: Re: first draft of jurassaic UNIX license (fwd)
       Cc: wkt@henry.cs.adfa.oz.au
       Status: RO

       Greetings -

       	I do not believe I have previously thanked you for the time and
       	effort you have spent in this cause.  Thank you very much.

    It is God's work. :-)  I enjoy it.

       	(I agree with Warren - your signature block is nifty!)

       	As you mentioned there are a couple "problems".  Warren has addressed
       	the "Single Country" aspect.  My concern and questions deal with, for
       	the most part, the "DESIGNATED CPU" concept.

       	Is it SCO's intent to license "the person" or "the specific system"?

       	2.1(a) starts off sounding like a "per person" license:

       > 2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
       > nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
       > CODE PRODUCT identified in Section 3 of this Agreement, solely
       > for personal use (as restricted in Section 2.1(b)) and solely on

       	So far so good.  Personally I find the idea of a "personal license"
       	more attractive and easier to deal with (for both sides) than a
       	"per cpu/system" one.

       	But then the paragraph continues on:

       > or in conjunction with one (1) DESIGNATED CPU for such SOURCE
       > CODE PRODUCT.  Such right to use includes the right to modify

       	Hmmm, the "DESIGNATED CPU" would indicate that the "system" rather than
       	the hobbyist is being licensed.

       	2.1(b) goes back to the "Personal use" theme:

       > (b) Personal use is limited to noncommercial uses.  Any such use
       > made in connection with the development of enhancements or

       	There are numerous other cases that seem to alternate between
       	"personal" and "system".

    Yes, I am trying to clarify the license is to a person.

    Btw, can you guys help me wrt "personal use"?
    Do you need to be able to use this software in teaching courses
    in Comp Sci?  I would think YES.  I'd like the field of use to
    include letting the binaries run on machines used by students,
    faculty, etc.  Isnt this desirable?  or not necessary?

    Is the usage desired really just hobbyist and truly personal?

       	The beneficiaries of an inexpensive source license for "old" UNIX
       	are the hobbyists (Dion - if you do get a PDP-11/73 and need some
       	help setting it up let me know).  It is not uncommon for a 'collector'
       	to have two or more machines that have been "rescued" from the landfill
       	(or whatever).

       	Would it be possible to change the language to be more along the
       	lines (and I'm not a lawyer as you can probably tell;-)) of
       	"systems belonging to the licensed individual"?  I can see where
       	SCO would not appreciate my taking my license over to a friend's house
       	and installing a system.  But I do have two systems in my house, an
       	11/73 and an 11/93 (I'd get a 11/44 but it'd eat me alive on
       	electricity).

    Yes, I am fixing the language to recognize a DESIGNATED CPU GROUP which
    is a set of computers at a single geographical site (house, building,
    laboratory, or campus).

       > 2.2 (a) Any notice acknowledging a contribution of a third party
       > appearing in a SOURCE CODE PRODUCT shall be included in
       > corresponding portions of DERIVED BINARY PRODUCTS made by
       > LICENSEE...

       > (b) Each portion of a DERIVED BINARY PRODUCT shall include an
       > appropriate copyright notice.  Such copyright notice may be the

       	Could SCO provide an example paragraph that should be included in
       	the labels on any media, etc?  "Some or all contents are licensed
       	by SCO ..." I would guess.

    Yeh we can cobble something up.

       > 2.4 A single back-up CPU may be used as a substitute for the
       > DESIGNATED CPU without notice to SCO during any time when such
       > DESIGNATED CPU is inoperative because it is malfunctioning or
       > undergoing repair, maintenance or other modification.

       	Personally I'd like to see that paragraph rewritten - something like
       	"systems in the licensed individual's domicile, or in the license'd
       	person's possession".  Something like that.

    This paragraph 2.4 should be deleted.

       > 7.  TERM
       >
       > 7.1 This Agreement shall become effective on and as of the date
       > of acceptance by SCO.  The initial term of this Agreement shall
       > be for one (1) year.  Thereafter, the Agreement will
       > automatically renew for successive one (1) year terms unless

       	Oh, annual renewal?  That's going to cut into the money's generated
       	by the (very modest) license fee, isn't it?

    No way.  The $100 should be a one-time fee.

       	Does this mean if I relocate or move I would need to notify SCO?

    Yes, I think this is reasonable  for us to ask.

       > 8.5 (a) On SCO's request, but not more frequently than annually,
       > LICENSEE shall furnish to SCO a statement, listing the location,
       > type and serial number of the DESIGNATED CPU hereunder and

       	Ouch - here we run into a real problem.  There is no concept of
       	a "serial number" in many cases.  I put (in one case paid someone
       	else to) the system together out of parts - a BA23 box from here,
       	a M8192 (that's the 11/73 CPU module) from elsewhere, a DEQNA from
       	a used equipment place, and so on.

       	The larger systems (11/70, perhaps the 11/44) had "serial numbers"
       	but the smaller (more likely to be found in homes) systems are
       	almost "PC" like in using 'commodity parts'.

       	On the other hand if the lawyers can find a way to license the
       	individual rather than the machine paragraph 8.5 disappears.

    I am asking the designated computers to be a set of computers
    at a single geographic site.

       > (b) SCO shall have the right, upon reasonable notice to LICENSEE
       > and through SCO's accredited auditing representative, to make an
       > on-site inspection during normal business hours, not more

       	Let me know when you're dropping in - I make a wicked batch of
       	chili if I have a day or so's notice <grin>

    That is most kind.   Where are you located, anyway?  Maybe I will
    look it up at four11.com.
    I guess chili that takes 2 days to prepare must be pretty special.
    You got to go out and hunt the racoons, deer, and other natural
    ingredients?

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Czar of Free Stuff and Technical customers' advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/19
    Received: from moe.2bsd.com (MOE.2BSD.COM [206.139.202.200]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id OAA02770 for <wkt@henry.cs.adfa.oz.au>; Sat, 20 Sep 1997 14:52:23 +1000 (EST)
    Received: (from sms@localhost)
    	by moe.2bsd.com (8.8.5/8.8.5) id UAA16935;
    	Fri, 19 Sep 1997 20:17:41 -0700 (PDT)
    Date: Fri, 19 Sep 1997 20:17:41 -0700 (PDT)
    From: "Steven M. Schultz" <sms@moe.2bsd.com>
    Message-Id: <199709200317.UAA16935@moe.2bsd.com>
    To: dionj@sco.COM, sms@moe.2bsd.com
    Subject: Re: first draft of jurassaic UNIX license (fwd)
    Cc: wkt@henry.cs.adfa.oz.au
    Status: RO

    Dion -

    > It is God's work. :-)  I enjoy it.

    	To paraphrase the line from the Blues Brothers' being on a 'mission
    	from god':

      "It's 106 ms to Chicago, we've got a full disk of GIFs, half a meg of
         hypertext, it's dark, and we're wearing sunglasses."  "Click it."

    > Yes, I am trying to clarify the license is to a person.

    	Super!  That's very good to hear.

    > Btw, can you guys help me wrt "personal use"?
    > Do you need to be able to use this software in teaching courses
    > in Comp Sci?  I would think YES.  I'd like the field of use to

    	I'm not a teacher or anything like that.

    	Ok - I'll use myself as an example.  For me "personal use" is a
    	continuation of kernel hacking that started back around 1979 - it's
    	a bit of a contest to see how much can be stuffed into a 16bit machine.
    	For instance I just completed (last weekend) porting over the
    	POSIX signal semantics (sigaction, sigpending, sigsuspend, etc)
    	from the 4.4BSD-Lite2 CDrom.  Nothing that anyone outside the PDP-11
    	community would appreciate but it keeps me off the streets at night ;-)

    > include letting the binaries run on machines used by students,
    > faculty, etc.  Isnt this desirable?  or not necessary?

    	I could see it being desireable - you never know when a professor
    	might use a PDP-11 as a teaching tool (it's enough machine to teach
    	ideas but not big/fast enough to rule the world again as it did 20 or
    	so years ago <grin>).

    > Yes, I am fixing the language to recognize a DESIGNATED CPU GROUP which
    > is a set of computers at a single geographical site (house, building,

    	Perfect - thank you!  That, I think, is much more in keeping with
    	the type of person likely to buy the license (the 'collector', etc).

    >    	Oh, annual renewal?  That's going to cut into the money's generated
    >    	by the (very modest) license fee, isn't it?
    >
    > No way.  The $100 should be a one-time fee.

    	Personally $100/year wouldn't bother me - I spend several times that
    	on software updates and the like already.  But it would be a paperwork
    	hassle for SCO I'd think.

    	Thanks for clarifying that.

    >    	Does this mean if I relocate or move I would need to notify SCO?
    >
    > Yes, I think this is reasonable  for us to ask.

    	Ok.  Just wanted clarification - I don't plan on moving any time soon
    	and if I do then one more 'change of address' postcard will be the
    	least of my worries ;)

    > That is most kind.   Where are you located, anyway?  Maybe I will

    	You're welcome.  I'm down in Simi Valley - about 45 miles ~north of
    	Lost Angeles.

    > I guess chili that takes 2 days to prepare must be pretty special.

    	Closer to one day .

    > You got to go out and hunt the racoons, deer, and other natural
    > ingredients?

    	Need to track down all the peppers - depending on the luck of the hunt
    	I've made a 9 pepper chili (It's hard finding the habanero peppers
    	apparently they have a short growing season).

    	Steven

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/19
    Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id IAA03884; Fri, 19 Sep 1997 08:54:43 +1000 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199709182254.IAA03884@henry.cs.adfa.oz.au>
    Subject: Re: first draft of jurassaic UNIX license
    To: dionj@sco.COM (Dion)
    Date: Fri, 19 Sep 1997 08:54:43 +1000 (EST)
    Cc: sms@moe.2bsd.com (Steven Schultz), wkt (Warren Toomey)
    In-Reply-To:  <9709181131.aa07184@tahoe.pdev.sco.com> from Dion at "Sep 18, 97 11:31:26 am"
    Reply-To: wkt@cs.adfa.oz.au
    X-Mailer: ELM [version 2.4ME+ PL22 (25)]
    MIME-Version: 1.0
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    Status: RO

    In article by Dion:
    > Eminent colleagues,
    >
    > Yes, I agree there are a number of changes needed.  I will study
    > this later today and tomorrow and make recommendations and
    > incorporate your wishes, to our legal eagles in NJ.  I think most
    > of the bad stuff is just due to their cut and paste of existing
    > contract blurbage, rather than any bad intent.
    >
    > PS: I got my copy of Salus' book yesterday.  Very interestng
    > reading!  I wish I could have joined Bell Labs in 1965 instead of
    > IBM.  I interviewed with Bell Labs, but they didnt want to hire
    > anyone who did not have straight-A grade point average.  :-) It
    > kinda shows, huh?  :-)
    > -Dion

    Hi Dion, thanks for the reply. I re-read our SysVR2.0 license and, yes,
    it looks like a simple cut&paste job with now-irrelevant clauses. Hopefully
    we can excise them.

    Can you push them on the issue of PWB/UNIX, Mini UNIX and 32V? You guys
    own these products, and it would be nice for them to be licensable. If
    they cannot be licensed, then that's a substantial part of history we will
    have no legal access to.

    If these systems are not included in the license, what will happen to us
    if we distribute them to licensees of Editions 1 to 7?

    I wish I could have been born earlier, Dion!

    Thanks again,

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/20
    Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id UAA10005; Sat, 20 Sep 1997 20:08:13 +1000 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199709201008.UAA10005@henry.cs.adfa.oz.au>
    Subject: Re: first draft of jurassaic UNIX license (fwd)
    To: dionj@sco.COM (Dion)
    Date: Sat, 20 Sep 1997 20:08:13 +1000 (EST)
    Cc: sms@moe.2bsd.com (Steven Schultz), wkt (Warren Toomey)
    In-Reply-To:  <9709191358.aa17707@tahoe.pdev.sco.com> from Dion at "Sep 19, 97 01:58:15 pm"
    Reply-To: wkt@cs.adfa.oz.au
    X-Mailer: ELM [version 2.4ME+ PL22 (25)]
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    Status: RO

    Dion, a quick reply to your email. If SCO will address the single country
    and signle CPU restrictions, then I can't think of much else that needs to
    be done. You also mentioned adding something to the effect that the license
    covers everything before System III; that would be fantastic.

    I think I'd be very happy if the license just covered personal use and
    not academic use. I can't see many lecturers teaching with these systems;
    not when Plan 9 and Minix are available. If you want to add in clauses that
    permit use of the source in a teaching environment, that would be a bonus.
    Otherwise, universities which do require `academic' licenses will need to
    ask SCO for a special dispensation - I doubt you will get many.

    In article by Dion:
    >
    > Btw, can you guys help me wrt "personal use"?
    > Do you need to be able to use this software in teaching courses
    > in Comp Sci?  I would think YES.  I'd like the field of use to
    > include letting the binaries run on machines used by students,
    > faculty, etc.  Isnt this desirable?  or not necessary?
    >
    > Is the usage desired really just hobbyist and truly personal?

    Essentially yes, but if you can swing academic source use with the
    lawyers, we wouldn't say no :-)

    > That is most kind.   Where are you located, anyway?  Maybe I will
    > look it up at four11.com.
    > I guess chili that takes 2 days to prepare must be pretty special.
    > You got to go out and hunt the racoons, deer, and other natural
    > ingredients?
    >
    > Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com

    Well, I'm in Canberra Australia, a long way to come, but I make a reasonable
    curry. When I get a chance to visit the US, definitely expect me to drop
    in on both of you. Dion, I owe you a case of beer or a meal in a decent
    restaurant, whichever you prefer!

    Thanks again,

            Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/21
    Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id PAA05292 for <wkt@henry.cs.adfa.oz.au>; Sun, 21 Sep 1997 15:02:08 +1000 (EST)
    From: dmr@plan9.bell-labs.com
    Received: from plan9.bell-labs.com (plan9.bell-labs.com [204.178.31.2])
    	by csadfa.cs.adfa.oz.au (8.8.5/8.8.5) with SMTP id OAA20352
    	for <wkt@cs.adfa.oz.au>; Sun, 21 Sep 1997 14:58:20 +1000 (EST)
    Message-Id: <199709210458.OAA20352@csadfa.cs.adfa.oz.au>
    Date: Sun, 21 Sep 1997 00:18:03 -0400
    Subject: re: Who owns the 6th & 7th Edition Manuals?
    To: wkt@cs.adfa.oz.au, dionj@sco.com
    Status: ROr

    The 7th edition manuals have been available for some while on
    our own server, and are currently at http://cm.bell-labs.com/7thEdMan.
    This is a synonym for http://netlib.bell-labs.com/7thEdMan,
    and it's doubtless reachable otherwise.

    The version at ftp://elib.zib.de/pub/netlib/att/cs/v7man/README
    looks like a mirror of an older version (at least of the
    README).

    Unlike code, which is involved with perhaps complicated
    trade secret and other ownership issues, old manuals
    that were released publicly and genuinely published
    (e.g. the 7th edition Unix manual, by Saunders College
    Publishing) are subject only to plain old copyright.
    Unless there is some document I haven't seen, I don't
    think that SCO has any exclusive copyright in manuals
    published in 1979 by us.

    Warren, so far as I know you're welcome to mirror our
    version of the manual or link to it, just as Wolfram did.
    Incidentally, I don't have online versions of any earlier
    research manuals (1-6), but would be happy to get
    and archive whatever you have.

    	Dennis

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/09/22
    Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id EAA25511 for <wkt@henry.cs.adfa.oz.au>; Tue, 23 Sep 1997 04:23:43 +1000 (EST)
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: dmr@plan9.bell-labs.com, wkt@cs.adfa.oz.au
    Subject: Re: Who owns the 6th & 7th Edition Manuals?
    Date: Mon, 22 Sep 97 10:53:30 PDT
    Message-ID:  <9709221053.aa03103@tahoe.pdev.sco.com>
    Status: ROr

    I am sure Dennis is right and that you can go ahead and put these
    online.

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Czar of Free Stuff and Technical customers' advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    	From sco.sco.com!plan9.bell-labs.com!dmr Sat Sep 20 22:26:06 1997
    	From: dmr@plan9.bell-labs.com
    	Date: Sun, 21 Sep 1997 00:18:03 -0400
    	Subject: re: Who owns the 6th & 7th Edition Manuals?
    	To: wkt@cs.adfa.oz.au, dionj@sco.com
    	Status: RO

    	The 7th edition manuals have been available for some while on
    	our own server, and are currently at http://cm.bell-labs.com/7thEdMan.
    	This is a synonym for http://netlib.bell-labs.com/7thEdMan,
    	and it's doubtless reachable otherwise.

    	The version at ftp://elib.zib.de/pub/netlib/att/cs/v7man/README
    	looks like a mirror of an older version (at least of the
    	README).

    	Unlike code, which is involved with perhaps complicated
    	trade secret and other ownership issues, old manuals
    	that were released publicly and genuinely published
    	(e.g. the 7th edition Unix manual, by Saunders College
    	Publishing) are subject only to plain old copyright.
    	Unless there is some document I haven't seen, I don't
    	think that SCO has any exclusive copyright in manuals
    	published in 1979 by us.

    	Warren, so far as I know you're welcome to mirror our
    	version of the manual or link to it, just as Wolfram did.
    	Incidentally, I don't have online versions of any earlier
    	research manuals (1-6), but would be happy to get
    	and archive whatever you have.

    		Dennis

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/10/13
    Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id AAA05399 for <wkt@henry.cs.adfa.oz.au>; Tue, 14 Oct 1997 00:37:40 +1000 (EST)
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@cs.adfa.oz.au
    Subject: Re: 86open
    Date: Mon, 13 Oct 97 7:33:02 PDT
    Message-ID:  <9710130733.aa19277@tahoe.pdev.sco.com>
    Status: RO

    Thanks Warren.  This effort is a grass-roots, bottom-up approach
    in contrast to the "industry heavyweight executives" initiatives
    that have failed in the past.  We plan to do some engineering
    first, then announce results when we have some. :-)

    	From sco.sco.com!henry.cs.adfa.oz.au!wkt Sun Oct 12 17:05:05 1997
    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Subject: 86open
    	To: dionj@sco.com
    	Date: Mon, 13 Oct 1997 09:55:59 +1000 (EST)
    	Reply-To: wkt@cs.adfa.oz.au

    	Dion,
    		Just saw the announcement of the 86open steering committee in
    	a FreeBSD newsgroup. I assume you're the Dion Johnson mentioned there.
    	Many thanks in advance for being on the steering committee!!!

    	Just my $0.02.

    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/10/13
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@cs.adfa.oz.au
    Subject: Re: Touch Base Time
    Date: Mon, 13 Oct 97 7:38:16 PDT
    Message-ID:  <9710130738.aa19444@tahoe.pdev.sco.com>
    Status: ROr

    I am still dickering with the legal folks in NJ.  Between you and
    me, they are moving as slowly as possible.  I fired another salvo
    last Friday.  I may have to escalate back to the VP level to get
    them off the dime.  Sorry it's taken so long.  The legal people
    dont really know what is the ownership and rights issues for some
    of those other versions of UNIX.  Also, they are reluctant on the
    32V.

    As for the PDP-11 XENIX, I will look into it.  However, the NJ
    legal folks and I have had an understanding that we'd exclude
    anything that was System III or later from the license.  Adding a
    System III component into the mix will delay things.

    I will try to have some news this week!
    Thanks for your patience.

    	From sco.sco.com!henry.cs.adfa.oz.au!wkt Sun Oct 12 16:03:56 1997
    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Subject: Touch Base Time
    	To: dionj@sco.com
    	Date: Mon, 13 Oct 1997 09:01:03 +1000 (EST)
    	Reply-To: wkt@cs.adfa.oz.au

    	Hi Dion,
    		I thought I'd touch base again to see what's been happening. I assume
    	the PDP-11 source license is a low-priority thing, no worries.

    	Someone on the PDP-11 mailing list asked about Xenix for the PDP-11. I know
    	that Microsoft originally developed Xenix, but does SCO now own the rights
    	to Xenix outright?

    	If so, then the SCO source license should cover the PDP-11 version of Xenix.
    	Attached is some email about PDP-11 Xenix.

    	Thanks again!

    		Warren

    	----- Forwarded message from David C. Jenner -----

    	From: "David C. Jenner" <djenner@halcyon.com>
    	CC: PDP-11 Unix Preservation Society <pups@minnie.cs.adfa.oz.au>
    	Subject: Re: PDP-11 Xenix (LONG)

    	OK, Frank is likely correct.  But I still don't think you'll find it
    	anywhere on the 'net! It would be nice if it were in the PUP archives, though.
    	Getting it there might be hard because MS might still have some rights to it.

    	I did some digging, and here are some relevant dates:

    	 8/25/80   Microsoft announced DEC PDP-11 XENIX (along with versions for
    		   several other machines--Intel 8086, Zilog Z8000, and Motorola
    		   M68000).  [This would have to be Version 7 based.]

    	10/01/80   Microsoft notes PDP-11 XENIX is "scheduled for release".
    		   [It's not clear if this means it was actually released on that date.]

    	12/08/81   Microsoft and SCO signed a letter of intent for SCO to be a
    		   second-source of XENIX.  [No mention of PDP-11; just that XENIX was
    		   being upgraded to System III at that time.]

    	 1/22/85   Microsoft and AT&T announce plans for compatible future releases
    	           of XENIX and UNIX [based on System V].

    	 1/31/86   Microsoft and SCO announce new agreements for SCO to be prime
    		   distrubutor of XENIX System V to VAR and VAD channels.

    	 2/15/89   Microsoft makes 20% minority investment in SCO.  [I seem to
    		   recall that SCO got (all?) XENIX rights at this time.]

    	So it looks like there was a window of about a year when a Version 7
    	based XENIX was probably available. Certainly starting in 1983 Microsoft
    	announced all sorts of versions of XENIX for other hardware, including IBM
    	System 9000 (yes, there really was a HAL 9000 (Motorola MC68000-based)--I
    	had a couple), IBM PC/AT, AT&T UNIX PC and PC 6300, and Compaq machines.

    	Dave
    	----- End of forwarded message from David C. Jenner -----

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/11/24
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@cs.adfa.oz.au
    Subject: Re: Is Dion Johnson alive?
    Cc: peterl@sco.COM
    Date: Mon, 24 Nov 97 8:13:00 PST
    Message-ID:  <9711240813.aa06392@tahoe.pdev.sco.com>
    Status: RO
    X-Status: A
    Content-Length: 1145
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    Yeh, I'm OK.  I have a new cut of the proposed license
    from our NJ Legal folks.  I compare with past versions
    and see what it has.  I know the 32V was added to the
    list of licensed versions (good).  Not sure if the
    other problems were fixed.  I will get back
    to you before the holiday weekend coming.

    	From sco.sco.com!henry.cs.adfa.oz.au!wkt Sun Nov 23 18:43:18 1997
    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Message-Id: <199711240141.MAA11548@henry.cs.adfa.oz.au>
    	Subject: Is Dion Johnson alive?
    	To: mike@sco.com, peterl@sco.com
    	Date: Mon, 24 Nov 1997 12:41:14 +1100 (EST)
    	Reply-To: wkt@cs.adfa.oz.au
    	X-Mailer: ELM [version 2.4ME+ PL22 (25)]
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    	Mike, Peter,

    		I'm mailing you both because I've sent some e-mail to Dion Johnson
    	in the last few weeks, and I haven't received any replies. Normally, he
    	gets a reply back in a day or two. Can you tell me if he's ok?

    	My e-mail to him is related to the PDP-11 UNIX Source License petition,
    	at http://minnie.cs.adfa.oz.au/PUPS/

    	Many thanks in advance for your help!

    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1997/12/01
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: peterl@sco.COM, wkt@henry.cs.adfa.oz.au
    Subject: Re: PDP UNIX Source
    Date: Mon, 1 Dec 97 13:15:02 PST
    Message-ID:  <9712011315.aa09873@tahoe.pdev.sco.com>
    Status: RO
    X-Status: A
    Content-Length: 1684
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    Peter,

    Apologies, I have not been moving this forward as fast
    as I'd like.  I have a revised (about the 3rd time around)
    draft license from our legal people in NJ again and I need
    to review it in detail.  We've had quite a bit of discussion
    on this stuff.  They utterly do not understand what kind
    of people you guys are :-).  I will not tell them about
    the Peugeots.

    Speaking of rare cars, you might be interested to know
    I have a Cadillac Allante.  In fact, I have two of them. :-)

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Czar of Free Stuff and Technical customers' advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    	From peterl Sun Nov 30 21:21:41 1997
    	Date: Mon, 01 Dec 1997 16:16:54 +1100
    	To: dionj@sco.com
    	From: Peter Laytham <peterl@sco.com>
    	Subject: PDP UNIX Source

    	Hi Dion

    	How's it going?  I see you've been pretty active getting the
    	legal folk et al to look into a way to provide suitable access to
    	the source for PDP UNIX after pressure from a VERY interested
    	party in Oz.  I seem to come across this guy all over the place -
    	he owns a Peugeot, as do I, and we're both members of the Peugeot
    	branch of the Australian Combined Vintage, Veteran and General
    	Motoring Interest Groups (phew, what a mouthful).  He has a PDP11
    	at home (in fact he has several as far as I can make out)!

    	Anyway, if there is anything I can do to help at all please let
    	me know.  The move is supported by the Australian UNIX Users
    	Group (AUUG) of which I am on the Exec, so I can act in any of
    	several official or semi official roles on either side of the
    	fence.

    	Cheers

    	Peter

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@cs.adfa.oz.au
    Subject: Re: PDP UNIX Source
    Date: Mon, 1 Dec 97 14:58:07 PST
    Message-ID:  <9712011458.aa00624@tahoe.pdev.sco.com>
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    No, they know about the petition.  It's against their
    religion to go along with stuff like this.   These are old
    AT&T license lawyers.  I just gotta keep hammering away
    on them and finally get the exec VP to weigh in on my
    side when I have exhausted all the discussion options. :-)
    Gimme a couple more days.

    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Subject: Re: PDP UNIX Source
    	To: Dion <dionj@sco.com>
    	Date: Tue, 2 Dec 1997 09:04:11 +1100 (EST)
    	Cc: peterl@sco.com, Steven Schultz <sms@moe.2bsd.com>
    	In-Reply-To:  <9712011315.aa09873@tahoe.pdev.sco.com> from Dion at "Dec 1, 97 01:15:02 pm"
    	Reply-To: wkt@cs.adfa.oz.au
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    	In article by Dion:
    	> Peter,
    	>
    	> Apologies, I have not been moving this forward as fast
    	> as I'd like.  I have a revised (about the 3rd time around)
    	> draft license from our legal people in NJ again and I need
    	> to review it in detail.  We've had quite a bit of discussion
    	> on this stuff.  They utterly do not understand what kind
    	> of people you guys are :-).  I will not tell them about
    	> the Peugeots.

    	Hi Dion, Peter must have met up with another guy here, Peter Chubb, who
    	owns a Peugeot, because I own a little Hyundai :-)

    	As for the legal guys not understanding us, have they seen the petition?
    	Would it be worth me cobbling together a short statement of aims and rationale
    	to explain what we're trying to achieve?

    	> Speaking of rare cars, you might be interested to know
    	> I have a Cadillac Allante.  In fact, I have two of them. :-)

    	One must be a backup!

    	Thanks again for your support. Hope you had a good Thanksgiving, and
    	best wishes for Christmas.

    	Cheers,
    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion <dionj@sco.COM>
    X-Mailer: SCO OpenServer Mail Release 5.0
    To: wkt@cs.adfa.oz.au
    Subject: Re: PDP UNIX Source
    Date: Mon, 1 Dec 97 17:54:00 PST
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    I expect that Dennis was at odds with them as
    much as I have been, back in those good old days. :-)

    But thanks, I will keep that in mind as another
    card to play in case we need it.  Good thought.

    	From sco.sco.com!henry.cs.adfa.oz.au!wkt Mon Dec  1 15:27:23 1997
    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Subject: Re: PDP UNIX Source
    	To: Dion <dionj@sco.com>
    	Date: Tue, 2 Dec 1997 10:06:24 +1100 (EST)
    	Reply-To: wkt@cs.adfa.oz.au

    	In article by Dion:
    	> No, they know about the petition.  It's against their
    	> religion to go along with stuff like this.   These are old
    	> AT&T license lawyers.  I just gotta keep hammering away

    	If they are old AT&T licence lawyers, perhaps a word from Dennis Ritchie
    	in their ear could help? He's certainly supporting our attempts to make
    	the source available while still licensed.

    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion <dionj@sco.COM>
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    To: wkt@cs.adfa.oz.au
    Subject: Re: Happy New Year
    Date: Mon, 26 Jan 98 14:23:09 PST
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    Warren,

    I havent forgotten.  I'm feeling guilty about this not being
    resolved.  I'm at an impasse with our legal folks and I guess
    it's time to escalate somehow.  I'll let you know pretty soon.

    I had a nice break, thanks.  My folks live in Oklahoma,
    so I went back there to visit, saw some cousins, etc.
    It's cold and rainy here now.  I'd rather be diving
    at your Barrier Reef.  Maybe someday...

    	From sco.sco.com!henry.cs.adfa.oz.au!wkt Mon Jan 26 14:11:40 1998
    	From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Subject: Happy New Year
    	To: dionj@sco.com
    	Date: Tue, 27 Jan 1998 09:03:45 +1100 (EST)
    	Reply-To: wkt@cs.adfa.oz.au

    	Hi Dion,
    		Happy New Year (ok, so I'm a bit late). Hope you & your family had
    	a good break. Apart from moving to a new house, travelling the east coast
    	of Australia and having visitors stay with us for the past week, we've had
    	a quiet time :-)

    	I'm sure you haven't been back at work for long, but any word on these old
    	Unix licenses? I'd like to email out to the PUPS mailing list (we've had
    	several new subscribers) with a status report.

    	Thanks again!

    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980223141611.10583@sco.com>
    Date: Mon, 23 Feb 1998 14:16:11 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Lost Mail
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    In-Reply-To: <199802232147.IAA16561@henry.cs.adfa.oz.au>; from Warren Toomey on Tue, Feb 24, 1998 at 08:47:07AM +1100
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    On Tue, Feb 24, 1998 at 08:47:07AM +1100, Warren Toomey wrote:
    > Hi Dion,
    > 	I think my last mail must've got lost, we had some router/email
    > problems here. Do you think it would be a good idea to try and set up some
    > form of dialogue between the nay-sayers & the legal section, and myself,
    > over the PDP-11 license issue? With you as mediator.

    These guys are old (literally) ATT&T types who dont understand (or like)
    hackers and academics.  They also have little use for things like PR,
    marketing, history, or nonprofit activities. ;-)  I dont mean to vilify
    them, but ....

    > I'd like to try and explain why we are asking for licenses, and also get a
    > feeling for why they have reservations. I expect that these people may want
    > to stay `anonymous' [so I don't hassle them], so you could act as a conduit
    > and an anonymizing agent.

    Essentially, that's what we've already done.

    >
    > Let me know what you think.

    See below.

    >
    > Thanks again,
    >
    > 	Warren

    I just finished another exchange with them.  Here is where
    we are on a contract.  Note that

    1) multiple CPUs are handled

    2) Multiple countries are handled by the device of filling
      in the "AUTHORIZED COUNTRY" blank with a list of countries.

    3) Fee is $100 one-time only

    4) Other variants on the early UNIX, such as MINI-UNIX
    could be viewed as successors to, say, 3rd edition, so they
    are covered.  Only system V is excepted.

    Pls take a look and let me know if you think the rest of
    the stuff is either OK or bendable enough.  It may be we will
    have to settle for an agreement that has to be interpreted
    in a certain way, in order for you to do what you want.
    So be it.  SCO is never going to hassle anyone over this,
    I am sure.
    -Dion

    Agreement Number: ________________

    THE SANTA CRUZ OPERATION, INC.  SPECIAL SOFTWARE LICENSE AGREEMENT

    A.  THE SANTA CRUZ OPERATION, INC., a California corporation
    (SCO), having an office at 400 Encinal Street, Santa Cruz,
    California 95061-1900 and LICENSEE, as defined in the signature
    block of this Agreement agree that, as of the Effective Date
    hereof, as defined in Section 7.1, the terms and conditions set
    forth in this Agreement shall apply to use by LICENSEE of SOURCE
    CODE PRODUCTS subject to this Agreement.

    B.  SCO makes certain licensing rights for SOURCE CODE PRODUCTS
    available under this Agreement, including rights to make and use
    DERIVED BINARY PRODUCTS.  Such SOURCE CODE PRODUCT is identified
    in Section 3 of this Agreement .

    C.  This Agreement sets forth the entire agreement and
    understanding between the parties as to the subject matter hereof
    and merge all prior discussions between them, and neither of the
    parties shall be bound by any conditions, definitions,
    warranties, understandings or representations with respect to
    such subject matter other than as expressly provided herein or as
    duly set forth on or subsequent to the date of acceptance hereof
    in writing and signed by a proper and duly authorized
    representative of the party to be bound thereby.  No provision
    appearing on any form originated by LICENSEE shall be applicable
    unless such provision is expressly accepted in writing by an
    authorized representative of SCO.

    F.  The AUTHORIZED COUNTRY for this Agreement shall be ______________________.

    IN WITNESS WHEREOF, the parties have caused this Agreement to be
    executed by their duly authorized representatives.

    LICENSEE:					THE SANTA CRUZ OPERATION, INC.

    __________________________________ 	By:_________________________________
    (Name)

    __________________________________	____________________________________
    (Address)	(Title)

    __________________________________	____________________________________
    (Address)					(Date)

    __________________________________
    (By)

    __________________________________
    (Print or Type Name

    __________________________________
    (Title)

    I.  DEFINITIONS

    1.1 AUTHORIZED COUNTRY means one or more countries specified on
    page 1 of this Agreement.

    1.2 CPU means a computer having one or more processing units and
    a single global memory space.

    1.3 COMPUTER PROGRAM means any instruction or instructions for
    controlling the operation of a CPU.

    1.4 DERIVED BINARY PRODUCT means COMPUTER PROGRAMS in OBJECT CODE
    format based on a SOURCE CODE PRODUCT.

    1.5 DESIGNATED CPU means all CPUs licensed as such for a specific
    SOURCE CODE PRODUCT.

    1.6 OBJECT CODE means a COMPUTER PROGRAM in binary form,
    resulting from the compilation of SOURCE CODE by computer or
    compiler into machine executable code and which is in a form of
    computer programs not convenient to human understanding of the
    program logic, but which is appropriate for execution or
    interpretation by computer.

    1.7 SOURCE CODE means COMPUTER PROGRAMS written in certain
    programming languages in electronic media form and in a form
    convenient for reading and review by a trained individual, such
    as a printed or written listing of programs, containing specific
    algorithms, instructions, plans, routines and the like, for
    controlling the operation of a computer system, but which is not
    in a form that would be suitable for execution directly on
    computer hardware.

    1.8 SOURCE CODE PRODUCT means a SCO software offering, primarily
    in SOURCE CODE form.  Such offering may also include OBJECT CODE
    components.

    1.9 SUCCESSOR OPERATING SYSTEM means a SCO software offering that
    is (i) specifically designed for a 16-Bit computer and (ii)
    specifically excludes UNIX System V and successor operating
    systems.

    2.  GRANT OF RIGHTS

    2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
    nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
    CODE PRODUCT identified in Section 3 of this Agreement, solely
    for personal use (as restricted in Section 2.1(b)) and solely on
    or in conjunction with DESIGNATED CPUs, and/or Networks of
    CPUs, licensed by LICENSEE through this SPECIAL SOFTWARE LICENSE
    AGREEMENT for such SOURCE CODE PRODUCT.  Such right to use
    includes the right to modify such SOURCE CODE PRODUCT and to
    prepare DERIVED BINARY PRODUCT based on such SOURCE CODE PRODUCT,
    provided that any such modification or DERIVED BINARY PRODUCT
    that contains any part of a SOURCE CODE PRODUCT subject to this
    Agreement is treated hereunder the same as such SOURCE CODE
    PRODUCT.  SCO claims no ownership interest in any portion of such
    a modification or DERIVED BINARY PRODUCT that is not part of a
    SOURCE CODE PRODUCT.

    (b) Personal use is limited to noncommercial uses.  Any such use
    made in connection with the development of enhancements or
    modifications to SOURCE CODE PRODUCTS is permitted only if (i)
    neither the results of such use nor any enhancement or
    modification so developed is intended primarily for the benefit
    of a third party and (ii) any copy of any such result,
    enhancement or modification, furnished by LICENSEE to a third
    party holder of an equivalent Software License with SCO where
    permitted by Section 8.4(b) below, is furnished for no more than
    the cost of reproduction and shipping.  Any such copy that
    includes any portion of a SOURCE CODE PRODUCT shall be subject to
    the provisions of such Section 8.4.

    (c) LICENSEE may produce printed and on-line copies of
    documentation included with the SOURCE CODE PRODUCT as necessary
    for use with the DESIGNATED CPUs.  All copies must include a
    legally sufficient copyright notice and a statement that the
    documents include a portion or all of SCO's copyrighted
    documentation, which is being reproduced with permission.

    (d) Commercial use by LICENSEE of SOURCE CODE PRODUCTS or of any
    result, enhancement or modification associated with the use of
    SOURCE CODE PRODUCTS under this Agreement is not permitted.  Such
    commercial use is permissible only pursuant to the terms of an
    appropriate commercial software agreement between SCO or a
    corporate affiliate thereof and LICENSEE.  For purposes of this
    Agreement, commercial use includes, but is not limited to,
    furnishing copies to third parties in a manner not permitted by
    Section 8.4(b).

    (e) SCO also grants LICENSEE a personal, nontransferable and
    nonexclusive right to make copies of DERIVED BINARY PRODUCTS and,
    subject to U.  S.  Government export requirements and to Section
    8.4(b), to furnish such copies directly to other LICENSEES who
    have an equivalent Software License with SCO before or at the
    time of furnishing each copy of a DERIVED BINARY PRODUCT.

    2.2 (a) Any notice acknowledging a contribution of a third party
    appearing in a SOURCE CODE PRODUCT shall be included in
    corresponding portions of DERIVED BINARY PRODUCTS made by
    LICENSEE.

    (b) Each portion of a DERIVED BINARY PRODUCT shall include an
    appropriate copyright notice.  Such copyright notice may be the
    copyright notice or notices appearing in or on the corresponding
    portions of the SOURCE CODE PRODUCT on which such DERIVED BINARY
    PRODUCT is based or, if copyrightable changes are made in
    developing such DERIVED BINARY PRODUCT, a copyright notice
    identifying the owner of such changes.

    2.3 No right is granted hereunder to use any trademark of SCO (or
    a corporate affiliate thereof).  However, LICENSEE must state in
    packaging, labeling or other wise that a DERIVED BINARY PRODUCT
    is derived from SCO's software under license from SCO and
    identify such software (including any trademark, provided the
    proprietor of the trademark is appropriately identified).
    LICENSEE agrees not to use a name or trademark for a DERIVED
    BINARY PRODUCT that is confusingly similar to a name or trademark
    used by SCO (or a corporate affiliate thereof).

    2.4 A single back-up CPU may be used as a substitute for the
    DESIGNATED CPU without notice to SCO during any time when such
    DESIGNATED CPU is inoperative because it is malfunctioning or
    undergoing repair, maintenance or other modification.

    3.  LICENSED SOURCE CODE PRODUCTS

    The SOURCE CODE PRODUCTS to which SCO grants rights under this
    Agreement are restricted to the following UNIX Operating Systems,
    including SUCCESSOR OPERATING SYSTEMs, that operate on the 16-Bit
    PDP-11 CPU and early versions of the 32-Bit UNIX Operating System
    with specific exclusion of UNIX System V and successor operating
    systems:

    16-Bit	UNIX Edition 1, 2, 3, 4, 5, 6
    32V	32-Bit

    4.  DELIVERY

    SCO makes no guarantees or commitments that any SOURCE CODE
    PRODUCT is available from SCO.  If available, SCO will, within a
    reasonable time after SCO receives the fee specified in this
    Agreement for a SOURCE CODE PRODUCT, furnish to LICENSEE one (1)
    copy of such SOURCE CODE PRODUCT.

    5.  EXPORT

    5.1 LICENSEE agrees that it will not, without the prior written
    consent of SCO, export, directly or indirectly, SOURCE CODE
    PRODUCTS covered by this Agreement to any country outside of the
    AUTHORIZED COUNTRY.

    5.2 LICENSEE hereby assures SCO that it does not intend to and
    will not knowingly, without the prior written consent, if
    required, of the Office of Export Administration of the U.S.
    Department of Commerce, Washington, D.C.  20230, transmit,
    directly or indirectly:

    (i) any SOURCE CODE PRODUCT subject to this Agreement; or

    (ii) any immediate product (including processes) produced
    directly by the use of any such SOURCE CODE PRODUCT;

    to Afghanistan, the People's Republic of China or any Group Q, S,
    W, Y or Z country specified in Supplement No.  1 to Section 370
    of the Export Administration Regulations issued by the U.S.
    Department of Commerce.

    5.3 LICENSEE agrees that its obligations under Sections 5.1 and
    5.2 shall survive and continue after any termination of rights
    under this Agreement.

    6.  FEES AND TAXES

    6.1 In consideration for the rights granted to LICENSEE for use
    of the SOURCE CODE PRODUCTS identified in Section 3 above,
    LICENSEE shall pay to SCO a one-time Right-to-Use Fee of
    US$100.00 for the DESIGNATED CPUs at the time this Agreement is
    returned to SCO for final execution.

    6.2 Payment to SCO shall be made in United States dollars to SCO
    at the address specified in Section 8.8(a).

    6.3 LICENSEE shall pay all taxes (and any related interest or
    penalty), however designated, imposed as a result of the
    existence or operation of this Agreement, including, but not
    limited to, any tax which LICENSEE is required to withhold or
    deduct from payment to SCO, except (i) any tax imposed upon SCO
    (or a corporate affiliate thereof) in the jurisdiction in which
    the aforesaid office of LICENSEE is located if such tax is
    allowable as a credit against United States income taxes of SCO
    (or such an affiliate) and (ii) any income tax imposed upon SCO
    (or such an affiliate) by the United States or any governmental
    entity within the United States proper (the fifty (50) states and
    the District of Columbia).  To assist in obtaining the credit
    identified in (i) of this Section 5.05, LICENSEE shall furnish
    SCO with such evidence as may be required by United States taxing
    authorities to establish that any such tax has been paid.  The
    Fee specified in Section 6.1 above do not include taxes.  If SCO
    is required to collect a tax to be paid by LICENSEE, LICENSEE
    shall pay such tax to SCO on demand.

    7.  TERM

    7.1 This Agreement shall become effective on and as of the date
    of acceptance by SCO.  The initial term of this Agreement shall
    be for one (1) year.  Thereafter, the Agreement will
    automatically renew for successive one (1) year terms unless
    either party gives the other, no later than ninety (90) days
    before the end of the initial term, or then current extension,
    written notice of its intent to terminate this Agreement.
    Nothing in this Agreement shall be construed to require either
    party to extend this Agreement beyond the initial term or any
    subsequent term.

    7.2 LICENSEE may terminate its rights under this Agreement by
    written notice to SCO certifying that LICENSEE has discontinued
    use of and returned or destroyed, at SCO's option, all copies of
    SOURCE CODE PRODUCTS subject to this Agreement.

    7.3 If LICENSEE fails to fulfill one or more of its obligations
    under this Agreement, SCO may, upon its election and in addition
    to any other remedies it might have, at any time terminate all
    the rights granted by it hereunder by not less than two (2)
    months' written notice to LICENSEE specifying any such breach,
    unless within the period of such notice all breaches specified
    therein shall have been remedied; upon such termination LICENSEE
    shall immediately discontinue use of and return or destroy, at
    SCO's option, all copies of SOURCE CODE PRODUCTS in its
    possession.

    7.4 In the event of termination of LICENSEE's rights under
    Sections 7.2 or 7.3, (i) all fees that LICENSEE has become
    obligated to pay shall become immediately due and payable and
    (ii) SCO shall have no obligation to refund any amounts paid to
    it hereunder.

    8.  MISCELLANEOUS PROVISIONS

    8.1	This Agreement shall prevail notwithstanding any conflicting terms or legends which may appear
    in a SOURCE CODE PRODUCT.

    8.2 If, and only if, SCO is the entity that provides SOURCE CODE
    PRODUCT to LICENSEE, SCO warrants for a period of ninety (90)
    days from furnishing a SOURCE CODE PRODUCT to LICENSEE hereunder,
    that any magnetic medium on which portions of a SOURCE CODE
    PRODUCT are furnished will be free under normal use from defects
    in materials, workmanship or recording.  If such a defect appears
    within such warranty period LICENSEE may return the defective
    medium for replacement without charge.  Replacement is LICENSEE's
    sole remedy with respect to such a defect.  SCO also warrants
    that it is empowered to grant the rights granted herein.  SCO and
    other developers make no other representations or warranties,
    expressly or impliedly.  By way of example but not of limitation,
    SCO and other developers make no representations or warranties of
    merchantability or fitness for any particular purpose, or that
    the use of any SOURCE CODE PRODUCT will not infringe any patent,
    copyright or trademark.  SCO and other developers shall not be
    held to any liability with respect to any claim by LICENSEE, or a
    third party on account of, or arising from, the use of any SOURCE
    CODE PRODUCT.

    8.3 Neither the execution of this Agreement nor anything in any
    SOURCE CODE PRODUCT shall be construed as an obligation upon SCO
    or any other developer to furnish any person, including LICENSEE,
    any assistance of any kind whatsoever, or any information or
    documentation.

    8.4 (a) LICENSEE agrees that it shall hold all parts of the
    SOURCE CODE PRODUCTS subject to this Agreement in confidence for
    SCO.  LICENSEE further agrees that should it make such disclosure
    of any or all of such SOURCE CODE PRODUCTS (including methods or
    concepts utilized therein) to anyone to whom such disclosure is
    necessary to the use for which rights are granted hereunder,
    LICENSEE shall appropriately notify each such person to whom any
    such disclosure is made that such disclosure is made in
    confidence and shall be kept in confidence and have each such
    person sign a confidentiality agreement containing restrictions
    on disclosure substantially similar to those set forth herein.

    If LICENSEE should become aware of a violation of SCO's
    intellectual property and/or proprietary rights, LICENSEE shall
    promptly notify SCO and cooperate with SCO in such enforcement.

    If information relating to a SOURCE CODE PRODUCT subject to this
    Agreement at any time becomes available without restriction to
    the general public by acts not attributable to LICENSEE,
    LICENSEE's obligations under this section shall not apply to such
    information after such time.

    (b) Notwithstanding the provisions of Section 8.4(a), LICENSEE
    may make available copies of a SOURCE CODE PRODUCT, either in
    modified or unmodified form, to third parties in the AUTHORIZED
    COUNTRY having Source Code Licenses of the same scope herewith
    from SCO for the same SOURCE CODE PRODUCT, if and only if (i)
    LICENSEE first requests verification the status of the recipient
    by contacting SCO at the address contained in Section 8.8(b) or
    other number specified by SCO, and (ii) SCO gives written
    verification of the recipient's software license status.
    LICENSEE shall maintain a record of each such SOURCE CODE PRODUCT
    made available.

    8.5
    (a) On SCO's request, but not more frequently than annually,
    LICENSEE shall furnish to SCO a statement, listing the location,
    type and serial number of the DESIGNATED CPU hereunder and
    stating that the use by LICENSEE of SOURCE CODE PRODUCTS subject
    to this Agreement has been reviewed and that each such SOURCE
    CODE PRODUCT is being used solely on the DESIGNATED CPU (or
    temporarily on a back-up CPU) for such SOURCE CODE PRODUCTS in
    full compliance with the provisions of this Agreement.

    (b) SCO shall have the right, upon reasonable notice to LICENSEE
    and through SCO's accredited auditing representative, to make an
    on-site inspection during normal business hours, not more
    frequently than annually, of all LICENSEE's CPUs to determine
    that SOURCE CODE PRODUCTS are being used solely on the DESIGNATED
    CPU and are used solely for personal purposes as authorized under
    this Agreement.

    8.6 The obligations of LICENSEE under Section 8.4 shall survive
    and continue after any termination of rights under this
    Agreement.

    8.7 Neither this Agreement nor any rights hereunder, in whole or
    in part, shall be assignable or otherwise transferable by
    LICENSEE and any purported assignment or transfer shall be null
    and void.

    8.8 (a) Payments to SCO under this Agreement shall be made
    payable and sent to:

    CHECK DRAWN ON U.S. BANK TO:
    THE SANTA CRUZ OPERATION, INC.
    P.O. Box 7745
    San Francisco, CA 94120-7745

    	(b) Correspondence with SCO relating to this Agreement shall be sent to:

    THE SANTA CRUZ OPERATION, INC.
    400 Encinal Street
    Santa Cruz, California 95061-1900
    United States of America
    Attention: Law and Corporate Affairs

    (c) Any statement, notice, request or other communication shall
    be deemed to be sufficiently given to the addressee and any
    delivery hereunder deemed made when sent by certified mail
    addressed to LICENSEE at its office specified in this Agreement
    or to SCO at the appropriate address specified in this Section
    7.7.  Each party to this Agreement may change an address relating
    to it by written notice to the other party.

    8.9 LICENSEE shall obtain all approvals from any governmental
    authority in the AUTHORIZED COUNTRY required to effectuate this
    Agreement according to its terms, including any such approvals
    required for LICENSEE to make payments to SCO pursuant to this
    Agreement.  LICENSEE shall bear all expenses associated with
    obtaining such approvals.

    8.10 The construction and performance of this Agreement shall be
    governed by the laws of the State of California, USA.

    SCO-Soft.  Sp.-090897 Page 1 of 6

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/02/23
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    Message-ID: <19980223160625.30938@sco.com>
    Date: Mon, 23 Feb 1998 16:06:25 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Lost Mail
    References: <19980223141611.10583@sco.com> <199802232349.KAA17545@henry.cs.adfa.oz.au>
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    In-Reply-To: <199802232349.KAA17545@henry.cs.adfa.oz.au>; from Warren Toomey on Tue, Feb 24, 1998 at 10:49:39AM +1100
    Organization: SCO Inc.
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    On Tue, Feb 24, 1998 at 10:49:39AM +1100, Warren Toomey wrote:
    > > I just finished another exchange with them.  Here is where
    > > we are on a contract.  Note that
    > >
    > > 1) multiple CPUs are handled
    > >
    > > 2) Multiple countries are handled by the device of filling
    > >   in the "AUTHORIZED COUNTRY" blank with a list of countries.
    > >
    > > 3) Fee is $100 one-time only
    > >
    > > 4) Other variants on the early UNIX, such as MINI-UNIX
    > > could be viewed as successors to, say, 3rd edition, so they
    > > are covered.  Only system V is excepted.
    > >
    > > Pls take a look and let me know if you think the rest of
    > > the stuff is either OK or bendable enough.  It may be we will
    > > have to settle for an agreement that has to be interpreted
    > > in a certain way, in order for you to do what you want.
    > > So be it.  SCO is never going to hassle anyone over this,
    > > I am sure.
    > > -Dion
    >
    > I certainly will have a good look, and I'll punt a copy over to Steven
    > Schultz as well. If what you say above is right, it should be close

    Yes, fine.

    > enought. Can you get the ``SCO is never going to hassle anyone over this''
    > clause put in too 8-)

    As I reflect on it, I might hesitate.  Kidding aside, I suppose
    if some bad boy ported the source to an Intel box,
    and started selling binaries for $39, we might be annoyed and
    take some action.  That would be fair enough, eh?

    However, I think given our audience, that's pretty unlikely.

    > Time for a morning cup of tea. Thanks again Dion!

    Tea. How very civilized!  Of course tea is very popular here,
    too.  What's your favorite kind?
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    	Mon, 23 Feb 1998 16:59:18 -0800 (PST)
    Date: Mon, 23 Feb 1998 16:59:18 -0800 (PST)
    From: "Steven M. Schultz" <sms@moe.2bsd.com>
    Message-Id: <199802240059.QAA12639@moe.2bsd.com>
    To: dionj@sco.COM, wkt@cs.adfa.oz.au
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    Greetings -

    > As I reflect on it, I might hesitate.  Kidding aside, I suppose
    > if some bad boy ported the source to an Intel box,

    	Ouch - that would be rather nasty of someone to do that.  Yes, I'd
    	get annoyed too.

    > They missed the 7th Edition!!!!!

    	Whoops.

    	The only quibble, and it's a small one (the new license agreement is
    	a vast improvement over the previous ones) is the mention of 'serial
    	number':

    	"type and serial number of the DESIGNATED CPU hereunder and ..."

    	Providing a description of the system is not a problem.  How much
    	detail would be desireable?  A system type could be "it's a PDP-11"
    	all the way up to "it's a KDJ-11AB (M8192) plus MXV11B and a M8637 ..."

    > I drink coffee too, of course. We have something called International Roast

    	My preference in coffee for quite a few years now has been Gevalia,
    	from Sweden.  The Swedes really know how to roast a java bean (and
    	not the type that workstations use ;-)).

    > Can I ask a couple of other questions? Can I give SCO a credit card # to
    > pay my $100. Will SCO give out some unique key with each license: if someone

    	Good question.  I would guess that each license would be "numbered"
    	somehow using a SCO part/inventory number, right?

    > If both Steven and I agree to this license, how long do you think it will
    > be before we can send in our signatures and $100, and get the license?

    	Warren and I can arm-wrestle for who gets License #1 :-) :-)

    	I've read the new version a couple times.  It reads much better than
    	before (simpler in many places) and addresses the questions that were
    	raised.

    	Steven Schultz

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980224123306.41505@sco.com>
    Date: Tue, 24 Feb 1998 12:33:06 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: "Steven M. Schultz" <sms@moe.2bsd.com>, wkt@cs.adfa.oz.au
    Subject: Re: DRAFT of license for ancient UNIX sources
    References: <199802240059.QAA12639@moe.2bsd.com>
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    DRAFT - for discussion purposes - comments to dionj@sco.com please,
    and to Warren Toomey, et al, as you see fit.  Please do not
    distribute this widely. -Dion

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Czar of Free Stuff and Technical customers' advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565
    ==============================================================================

    Agreement Number: ________________

    THE SANTA CRUZ OPERATION, INC.  SPECIAL SOFTWARE LICENSE AGREEMENT

    A.  THE SANTA CRUZ OPERATION, INC., a California corporation
    (SCO), having an office at 400 Encinal Street, Santa Cruz,
    California 95061-1900 and LICENSEE, as defined in the signature
    block of this Agreement agree that, as of the Effective Date
    hereof, as defined in Section 7.1, the terms and conditions set
    forth in this Agreement shall apply to use by LICENSEE of SOURCE
    CODE PRODUCTS subject to this Agreement.

    B.  SCO makes certain licensing rights for SOURCE CODE PRODUCTS
    available under this Agreement, including rights to make and use
    DERIVED BINARY PRODUCTS.  Such SOURCE CODE PRODUCT is identified
    in Section 3 of this Agreement .

    C.  This Agreement sets forth the entire agreement and
    understanding between the parties as to the subject matter hereof
    and merge all prior discussions between them, and neither of the
    parties shall be bound by any conditions, definitions,
    warranties, understandings or representations with respect to
    such subject matter other than as expressly provided herein or as
    duly set forth on or subsequent to the date of acceptance hereof
    in writing and signed by a proper and duly authorized
    representative of the party to be bound thereby.  No provision
    appearing on any form originated by LICENSEE shall be applicable
    unless such provision is expressly accepted in writing by an
    authorized representative of SCO.

    F.  The AUTHORIZED COUNTRY for this Agreement shall be ______________________.

    IN WITNESS WHEREOF, the parties have caused this Agreement to be
    executed by their duly authorized representatives.

    LICENSEE:					THE SANTA CRUZ OPERATION, INC.

    __________________________________ 	By:_________________________________
    (Name)

    __________________________________	____________________________________
    (Address)	(Title)

    __________________________________	____________________________________
    (Address)					(Date)

    __________________________________
    (By)

    __________________________________
    (Print or Type Name

    __________________________________
    (Title)

    I.  DEFINITIONS

    1.1 AUTHORIZED COUNTRY means one or more countries specified on
    page 1 of this Agreement.

    1.2 CPU means a computer having one or more processing units and
    a single global memory space.

    1.3 COMPUTER PROGRAM means any instruction or instructions for
    controlling the operation of a CPU.

    1.4 DERIVED BINARY PRODUCT means COMPUTER PROGRAMS in OBJECT CODE
    format based on a SOURCE CODE PRODUCT.

    1.5 DESIGNATED CPU means all CPUs licensed as such for a specific
    SOURCE CODE PRODUCT.

    1.6 OBJECT CODE means a COMPUTER PROGRAM in binary form,
    resulting from the compilation of SOURCE CODE by computer or
    compiler into machine executable code and which is in a form of
    computer programs not convenient to human understanding of the
    program logic, but which is appropriate for execution or
    interpretation by computer.

    1.7 SOURCE CODE means COMPUTER PROGRAMS written in certain
    programming languages in electronic media form and in a form
    convenient for reading and review by a trained individual, such
    as a printed or written listing of programs, containing specific
    algorithms, instructions, plans, routines and the like, for
    controlling the operation of a computer system, but which is not
    in a form that would be suitable for execution directly on
    computer hardware.

    1.8 SOURCE CODE PRODUCT means a SCO software offering, primarily
    in SOURCE CODE form.  Such offering may also include OBJECT CODE
    components.

    1.9 SUCCESSOR OPERATING SYSTEM means a SCO software offering that
    is (i) specifically designed for a 16-Bit computer, or (ii) the
    32V version, and (ii) specifically excludes UNIX System V and
    successor operating systems.

    2.  GRANT OF RIGHTS

    2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
    nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
    CODE PRODUCT identified in Section 3 of this Agreement, solely
    for personal use (as restricted in Section 2.1(b)) and solely on
    or in conjunction with DESIGNATED CPUs, and/or Networks of
    CPUs, licensed by LICENSEE through this SPECIAL SOFTWARE LICENSE
    AGREEMENT for such SOURCE CODE PRODUCT.  Such right to use
    includes the right to modify such SOURCE CODE PRODUCT and to
    prepare DERIVED BINARY PRODUCT based on such SOURCE CODE PRODUCT,
    provided that any such modification or DERIVED BINARY PRODUCT
    that contains any part of a SOURCE CODE PRODUCT subject to this
    Agreement is treated hereunder the same as such SOURCE CODE
    PRODUCT.  SCO claims no ownership interest in any portion of such
    a modification or DERIVED BINARY PRODUCT that is not part of a
    SOURCE CODE PRODUCT.

    (b) Personal use is limited to noncommercial uses.  Any such use
    made in connection with the development of enhancements or
    modifications to SOURCE CODE PRODUCTS is permitted only if (i)
    neither the results of such use nor any enhancement or
    modification so developed is intended primarily for the benefit
    of a third party and (ii) any copy of any such result,
    enhancement or modification, furnished by LICENSEE to a third
    party holder of an equivalent Software License with SCO where
    permitted by Section 8.4(b) below, is furnished for no more than
    the cost of reproduction and shipping.  Any such copy that
    includes any portion of a SOURCE CODE PRODUCT shall be subject to
    the provisions of such Section 8.4.

    (c) LICENSEE may produce printed and on-line copies of
    documentation included with the SOURCE CODE PRODUCT as necessary
    for use with the DESIGNATED CPUs.  All copies must include a
    legally sufficient copyright notice and a statement that the
    documents include a portion or all of SCO's copyrighted
    documentation, which is being reproduced with permission.

    (d) Commercial use by LICENSEE of SOURCE CODE PRODUCTS or of any
    result, enhancement or modification associated with the use of
    SOURCE CODE PRODUCTS under this Agreement is not permitted.  Such
    commercial use is permissible only pursuant to the terms of an
    appropriate commercial software agreement between SCO or a
    corporate affiliate thereof and LICENSEE.  For purposes of this
    Agreement, commercial use includes, but is not limited to,
    furnishing copies to third parties in a manner not permitted by
    Section 8.4(b).

    (e) SCO also grants LICENSEE a personal, nontransferable and
    nonexclusive right to make copies of DERIVED BINARY PRODUCTS and,
    subject to U.  S.  Government export requirements and to Section
    8.4(b), to furnish such copies directly to other LICENSEES who
    have an equivalent Software License with SCO before or at the
    time of furnishing each copy of a DERIVED BINARY PRODUCT.

    2.2 (a) Any notice acknowledging a contribution of a third party
    appearing in a SOURCE CODE PRODUCT shall be included in
    corresponding portions of DERIVED BINARY PRODUCTS made by
    LICENSEE.

    (b) Each portion of a DERIVED BINARY PRODUCT shall include an
    appropriate copyright notice.  Such copyright notice may be the
    copyright notice or notices appearing in or on the corresponding
    portions of the SOURCE CODE PRODUCT on which such DERIVED BINARY
    PRODUCT is based or, if copyrightable changes are made in
    developing such DERIVED BINARY PRODUCT, a copyright notice
    identifying the owner of such changes.

    2.3 No right is granted hereunder to use any trademark of SCO (or
    a corporate affiliate thereof).  However, LICENSEE must state in
    packaging, labeling or other wise that a DERIVED BINARY PRODUCT
    is derived from SCO's software under license from SCO and
    identify such software (including any trademark, provided the
    proprietor of the trademark is appropriately identified).
    LICENSEE agrees not to use a name or trademark for a DERIVED
    BINARY PRODUCT that is confusingly similar to a name or trademark
    used by SCO (or a corporate affiliate thereof).

    2.4 A single back-up CPU may be used as a substitute for the
    DESIGNATED CPU without notice to SCO during any time when such
    DESIGNATED CPU is inoperative because it is malfunctioning or
    undergoing repair, maintenance or other modification.

    3.  LICENSED SOURCE CODE PRODUCTS

    The SOURCE CODE PRODUCTS to which SCO grants rights under this
    Agreement are restricted to the following UNIX Operating Systems,
    including SUCCESSOR OPERATING SYSTEMs, that operate on the 16-Bit
    PDP-11 CPU and early versions of the 32-Bit UNIX Operating System
    with specific exclusion of UNIX System V and successor operating
    systems:

    16-Bit	UNIX Editions 1, 2, 3, 4, 5, 6, 7
    32-bit  32V

    4.  DELIVERY

    SCO makes no guarantees or commitments that any SOURCE CODE
    PRODUCT is available from SCO.  If available, SCO will, within a
    reasonable time after SCO receives the fee specified in this
    Agreement for a SOURCE CODE PRODUCT, furnish to LICENSEE one (1)
    copy of such SOURCE CODE PRODUCT.

    5.  EXPORT

    5.1 LICENSEE agrees that it will not, without the prior written
    consent of SCO, export, directly or indirectly, SOURCE CODE
    PRODUCTS covered by this Agreement to any country outside of the
    AUTHORIZED COUNTRY.

    5.2 LICENSEE hereby assures SCO that it does not intend to and
    will not knowingly, without the prior written consent, if
    required, of the Office of Export Administration of the U.S.
    Department of Commerce, Washington, D.C.  20230, transmit,
    directly or indirectly:

    (i) any SOURCE CODE PRODUCT subject to this Agreement; or

    (ii) any immediate product (including processes) produced
    directly by the use of any such SOURCE CODE PRODUCT;

    to Afghanistan, the People's Republic of China or any Group Q, S,
    W, Y or Z country specified in Supplement No.  1 to Section 370
    of the Export Administration Regulations issued by the U.S.
    Department of Commerce.

    5.3 LICENSEE agrees that its obligations under Sections 5.1 and
    5.2 shall survive and continue after any termination of rights
    under this Agreement.

    6.  FEES AND TAXES

    6.1 In consideration for the rights granted to LICENSEE for use
    of the SOURCE CODE PRODUCTS identified in Section 3 above,
    LICENSEE shall pay to SCO a one-time Right-to-Use Fee of
    US$100.00 for the DESIGNATED CPUs at the time this Agreement is
    returned to SCO for final execution.

    6.2 Payment to SCO shall be made in United States dollars to SCO
    at the address specified in Section 8.8(a).

    6.3 LICENSEE shall pay all taxes (and any related interest or
    penalty), however designated, imposed as a result of the
    existence or operation of this Agreement, including, but not
    limited to, any tax which LICENSEE is required to withhold or
    deduct from payment to SCO, except (i) any tax imposed upon SCO
    (or a corporate affiliate thereof) in the jurisdiction in which
    the aforesaid office of LICENSEE is located if such tax is
    allowable as a credit against United States income taxes of SCO
    (or such an affiliate) and (ii) any income tax imposed upon SCO
    (or such an affiliate) by the United States or any governmental
    entity within the United States proper (the fifty (50) states and
    the District of Columbia).  To assist in obtaining the credit
    identified in (i) of this Section 5.05, LICENSEE shall furnish
    SCO with such evidence as may be required by United States taxing
    authorities to establish that any such tax has been paid.  The
    Fee specified in Section 6.1 above do not include taxes.  If SCO
    is required to collect a tax to be paid by LICENSEE, LICENSEE
    shall pay such tax to SCO on demand.

    7.  TERM

    7.1 This Agreement shall become effective on and as of the date
    of acceptance by SCO.  The initial term of this Agreement shall
    be for one (1) year.  Thereafter, the Agreement will
    automatically renew for successive one (1) year terms unless
    either party gives the other, no later than ninety (90) days
    before the end of the initial term, or then current extension,
    written notice of its intent to terminate this Agreement.
    Nothing in this Agreement shall be construed to require either
    party to extend this Agreement beyond the initial term or any
    subsequent term.

    7.2 LICENSEE may terminate its rights under this Agreement by
    written notice to SCO certifying that LICENSEE has discontinued
    use of and returned or destroyed, at SCO's option, all copies of
    SOURCE CODE PRODUCTS subject to this Agreement.

    7.3 If LICENSEE fails to fulfill one or more of its obligations
    under this Agreement, SCO may, upon its election and in addition
    to any other remedies it might have, at any time terminate all
    the rights granted by it hereunder by not less than two (2)
    months' written notice to LICENSEE specifying any such breach,
    unless within the period of such notice all breaches specified
    therein shall have been remedied; upon such termination LICENSEE
    shall immediately discontinue use of and return or destroy, at
    SCO's option, all copies of SOURCE CODE PRODUCTS in its
    possession.

    7.4 In the event of termination of LICENSEE's rights under
    Sections 7.2 or 7.3, (i) all fees that LICENSEE has become
    obligated to pay shall become immediately due and payable and
    (ii) SCO shall have no obligation to refund any amounts paid to
    it hereunder.

    8.  MISCELLANEOUS PROVISIONS

    8.1 This Agreement shall prevail notwithstanding any conflicting
    terms or legends which may appear in a SOURCE CODE PRODUCT.

    8.2 If, and only if, SCO is the entity that provides SOURCE CODE
    PRODUCT to LICENSEE, SCO warrants for a period of ninety (90)
    days from furnishing a SOURCE CODE PRODUCT to LICENSEE hereunder,
    that any magnetic medium on which portions of a SOURCE CODE
    PRODUCT are furnished will be free under normal use from defects
    in materials, workmanship or recording.  If such a defect appears
    within such warranty period LICENSEE may return the defective
    medium for replacement without charge.  Replacement is LICENSEE's
    sole remedy with respect to such a defect.  SCO also warrants
    that it is empowered to grant the rights granted herein.  SCO and
    other developers make no other representations or warranties,
    expressly or impliedly.  By way of example but not of limitation,
    SCO and other developers make no representations or warranties of
    merchantability or fitness for any particular purpose, or that
    the use of any SOURCE CODE PRODUCT will not infringe any patent,
    copyright or trademark.  SCO and other developers shall not be
    held to any liability with respect to any claim by LICENSEE, or a
    third party on account of, or arising from, the use of any SOURCE
    CODE PRODUCT.

    8.3 Neither the execution of this Agreement nor anything in any
    SOURCE CODE PRODUCT shall be construed as an obligation upon SCO
    or any other developer to furnish any person, including LICENSEE,
    any assistance of any kind whatsoever, or any information or
    documentation.

    8.4 (a) LICENSEE agrees that it shall hold all parts of the
    SOURCE CODE PRODUCTS subject to this Agreement in confidence for
    SCO.  LICENSEE further agrees that should it make such disclosure
    of any or all of such SOURCE CODE PRODUCTS (including methods or
    concepts utilized therein) to anyone to whom such disclosure is
    necessary to the use for which rights are granted hereunder,
    LICENSEE shall appropriately notify each such person to whom any
    such disclosure is made that such disclosure is made in
    confidence and shall be kept in confidence and have each such
    person sign a confidentiality agreement containing restrictions
    on disclosure substantially similar to those set forth herein.

    If LICENSEE should become aware of a violation of SCO's
    intellectual property and/or proprietary rights, LICENSEE shall
    promptly notify SCO and cooperate with SCO in such enforcement.

    If information relating to a SOURCE CODE PRODUCT subject to this
    Agreement at any time becomes available without restriction to
    the general public by acts not attributable to LICENSEE,
    LICENSEE's obligations under this section shall not apply to such
    information after such time.

    (b) Notwithstanding the provisions of Section 8.4(a), LICENSEE
    may make available copies of a SOURCE CODE PRODUCT, either in
    modified or unmodified form, to third parties in the AUTHORIZED
    COUNTRY having Source Code Licenses of the same scope herewith
    from SCO for the same SOURCE CODE PRODUCT, if and only if (i)
    LICENSEE first requests verification the status of the recipient
    by contacting SCO at the address contained in Section 8.8(b) or
    other number specified by SCO, and (ii) SCO gives written
    verification of the recipient's software license status.
    LICENSEE shall maintain a record of each such SOURCE CODE PRODUCT
    made available.

    8.5
    (a) On SCO's request, but not more frequently than annually,
    LICENSEE shall furnish to SCO a statement, listing the location,
    type and serial number of the DESIGNATED CPU hereunder and
    stating that the use by LICENSEE of SOURCE CODE PRODUCTS subject
    to this Agreement has been reviewed and that each such SOURCE
    CODE PRODUCT is being used solely on the DESIGNATED CPU (or
    temporarily on a back-up CPU) for such SOURCE CODE PRODUCTS in
    full compliance with the provisions of this Agreement.

    (b) SCO shall have the right, upon reasonable notice to LICENSEE
    and through SCO's accredited auditing representative, to make an
    on-site inspection during normal business hours, not more
    frequently than annually, of all LICENSEE's CPUs to determine
    that SOURCE CODE PRODUCTS are being used solely on the DESIGNATED
    CPU and are used solely for personal purposes as authorized under
    this Agreement.

    8.6 The obligations of LICENSEE under Section 8.4 shall survive
    and continue after any termination of rights under this
    Agreement.

    8.7 Neither this Agreement nor any rights hereunder, in whole or
    in part, shall be assignable or otherwise transferable by
    LICENSEE and any purported assignment or transfer shall be null
    and void.

    8.8 (a) Payments to SCO under this Agreement shall be made
    payable and sent to:

    CHECK DRAWN ON U.S. BANK TO:
    THE SANTA CRUZ OPERATION, INC.
    P.O. Box 7745
    San Francisco, CA 94120-7745

    (b) Correspondence with SCO relating to this Agreement shall be sent to:

    THE SANTA CRUZ OPERATION, INC.
    400 Encinal Street
    Santa Cruz, California 95061-1900
    United States of America

    Attention: Law and Corporate Affairs

    (c) Any statement, notice, request or other communication shall
    be deemed to be sufficiently given to the addressee and any
    delivery hereunder deemed made when sent by certified mail
    addressed to LICENSEE at its office specified in this Agreement
    or to SCO at the appropriate address specified in this Section
    7.7.  Each party to this Agreement may change an address relating
    to it by written notice to the other party.

    8.9 LICENSEE shall obtain all approvals from any governmental
    authority in the AUTHORIZED COUNTRY required to effectuate this
    Agreement according to its terms, including any such approvals
    required for LICENSEE to make payments to SCO pursuant to this
    Agreement.  LICENSEE shall bear all expenses associated with
    obtaining such approvals.

    8.10 The construction and performance of this Agreement shall be
    governed by the laws of the State of California, USA.

    SCO-Soft.  Sp.-022498

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980224141423.36849@sco.com>
    Date: Tue, 24 Feb 1998 14:14:23 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: DRAFT of license for ancient UNIX sources
    References: <19980224123306.41505@sco.com> <199802242214.JAA22979@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
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    In-Reply-To: <199802242214.JAA22979@henry.cs.adfa.oz.au>; from Warren Toomey on Wed, Feb 25, 1998 at 09:14:41AM +1100
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    What I will TRY to do is tell the NJ legal folks that
    this is it - we have negotiated and agreed on this.
    I may or may not be able to pull off that little coup.
    I suspect they are getting pretty tired of this and
    they know I will not go away.  They may just give up
    and say OK. ;-)  If so, I think we will be in business
    just about immediately!

    On Wed, Feb 25, 1998 at 09:14:41AM +1100, Warren Toomey wrote:
    > In article by Dion Johnson:
    > >
    > > DRAFT - for discussion purposes - comments to dionj@sco.com please,
    > > and to Warren Toomey, et al, as you see fit.  Please do not
    > > distribute this widely. -Dion
    >
    > Thanks Dion. Any rough idea on availablility of this license if we give you
    > the go ahead?
    >
    > Ciao,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 24 Feb 1998 14:32:16 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: DRAFT of license for ancient UNIX sources
    References: <19980224141423.36849@sco.com> <199802242226.JAA23024@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
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    In-Reply-To: <199802242226.JAA23024@henry.cs.adfa.oz.au>; from Warren Toomey on Wed, Feb 25, 1998 at 09:26:19AM +1100
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    On Wed, Feb 25, 1998 at 09:26:19AM +1100, Warren Toomey wrote:
    > In article by Dion Johnson:
    > > What I will TRY to do is tell the NJ legal folks that
    > > this is it - we have negotiated and agreed on this.
    > > I may or may not be able to pull off that little coup.
    > > I suspect they are getting pretty tired of this and
    > > they know I will not go away.  They may just give up
    > > and say OK. ;-)  If so, I think we will be in business
    > > just about immediately!
    >
    > I think that if you tell them it's over, they should be heartened. Please
    > let them know we appreciate their efforts.
    >
    > I'd like to know what the mechanism will be to get a license, so that I can
    > write a FAQ entry for it. How do overseas people, like myself, get the
    > paperwork to SCO. Who nominates the authorized countries and designated CPUs?

    Right.  I think we need a simplified summary of the license to be
    online, perhaps at your website if that's the right place, and also
    at our website.  I suspect our legal folks will not want the entire
    license text to be online.  So, you will request the license form
    from SCO; we mail it.

    You fill in the designated CPU info, and what countries are to be
    covered.  I will try to track down what is the list of "bad" countries.

    >
    > I'll also need a contact in licensing, so that I can get written authorization
    > when I need to pass source code copies to new licencees.

    Right, I will ask for that.  Maybe we give you a stack of blank license
    contract forms?

    > Will SCO accept credit card numbers (via PGP-encrypted mail), or do I really
    > have to send a US$ bank cheque?

    I dont think we have any ready mechanism to handle credit cards
    in the legal dept, but I will check.

    > Etc etc. What else can I think of??

    I'm sure you will think of more administrivia. ;-)
    -Dion

    > 8-)
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980225141305.31579@sco.com>
    Date: Wed, 25 Feb 1998 14:13:05 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: DRAFT of ancient UNIX license.
    References: <19980225075006.41739@sco.com> <199802252203.JAA25350@henry.cs.adfa.oz.au>
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    In-Reply-To: <199802252203.JAA25350@henry.cs.adfa.oz.au>; from Warren Toomey on Thu, Feb 26, 1998 at 09:03:34AM +1100
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    On Thu, Feb 26, 1998 at 09:03:34AM +1100, Warren Toomey wrote:
    > > > 1. Authorized country?  What's that? Will I who live in Sweden be
    > > > able to get the UNIX license?
    > > This will be used to fill in a list of the countries which the
    > > licensee wishes the license to apply to.  Probably we ought
    > > to work up a standard list that everyone agrees on.
    >
    > How about ``All countries not excluded in Section 5.2 of this license''?
    >
    > 	Warren

    I tried to get them to just write the license this way, but they
    refused.  So, we simply make up a list of countries and print it
    on a page and attach it to the license as licensee-submitted
    data.  Or maybe we just write in what you wrote above and see
    if it flies.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Wed, 25 Feb 1998 14:28:08 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: DRAFT of ancient UNIX license.
    References: <19980225141305.31579@sco.com> <199802252224.JAA25486@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
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    In-Reply-To: <199802252224.JAA25486@henry.cs.adfa.oz.au>; from Warren Toomey on Thu, Feb 26, 1998 at 09:24:05AM +1100
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    On Thu, Feb 26, 1998 at 09:24:05AM +1100, Warren Toomey wrote:
    > In article by Dion Johnson:
    > > > How about ``All countries not excluded by Section 5.2 of this license''?
    > >
    > > I tried to get them to just write the license this way, but they
    > > refused.  So, we simply make up a list of countries and print it
    > > on a page and attach it to the license as licensee-submitted
    > > data.  Or maybe we just write in what you wrote above and see
    > > if it flies.
    >
    > 8-)
    >
    > Sounds good to me. Given I don't actually own a PDP-11 myself, I want
    > to see their faces when they see the list of designated CPUs:
    >
    > 	KDJ-11 emulator by Bob Supnik
    > 	KDJ-11 emulator by John Wilson (aka Ersatz)
    > 	User-mode KDJ-11 by Warren Toomey

    <snicker>  that will be fun.

    >
    > What about SCO including a CD-ROM with each license. Do you think they'd
    > be prepared to do this?

    Well... hmmm... we are not really staffed in the legal dept and
    free stuff programs to do this.  I was hoping you enthusiasts already
    have all the code and can share it among yourselves as needed.

    E.g. if a new player wants the stuff, they send us $100 and a
    filled out license form.  Then we notify you (or notify the PUPS
    society) that this person is licensed, and you guys figure out
    how to service the new guy.  Would that work?

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980225144345.61400@sco.com>
    Date: Wed, 25 Feb 1998 14:43:45 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: DRAFT of ancient UNIX license.
    References: <19980225142808.42496@sco.com> <199802252235.JAA25542@henry.cs.adfa.oz.au>
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    In-Reply-To: <199802252235.JAA25542@henry.cs.adfa.oz.au>; from Warren Toomey on Thu, Feb 26, 1998 at 09:35:34AM +1100
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    On Thu, Feb 26, 1998 at 09:35:34AM +1100, Warren Toomey wrote:
    > > E.g. if a new player wants the stuff, they send us $100 and a
    > > filled out license form.  Then we notify you (or notify the PUPS
    > > society) that this person is licensed, and you guys figure out
    > > how to service the new guy.  Would that work?
    >
    > Yeah, as long as there's a mechanism for us to guarantee that someone
    > actually owns a license. I suppose you guys would like a copy of the CD-ROM,
    > too?!
    > Thanks,
    > 	Warren

    I guess if I send you a message that Ralph@foo.net.au has a license,
    that's good enough?  Maybe we need to use PGP to guarantee truth?

    Sure, we'd like the CD. ;-)  I will even compensate you for it
    somehow...

    By the way, if you want any SCO software for free, just say the
    word.  Never mind asking for a 100-user server license, but
    any of the usual stuff is yours for the asking.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980225145948.16857@sco.com>
    Date: Wed, 25 Feb 1998 14:59:48 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: DRAFT of ancient UNIX license.
    References: <19980225144345.61400@sco.com> <199802252256.JAA25689@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
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    In-Reply-To: <199802252256.JAA25689@henry.cs.adfa.oz.au>; from Warren Toomey on Thu, Feb 26, 1998 at 09:56:49AM +1100
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    Woops I seem to have misplaced your postal/shipping
    address.  Can yoy pls send?  I need a phone number, too.

    On Thu, Feb 26, 1998 at 09:56:49AM +1100, Warren Toomey wrote:
    > > I guess if I send you a message that Ralph@foo.net.au has a license,
    > > that's good enough?  Maybe we need to use PGP to guarantee truth?
    >
    > Yes please. And you should send any license identification information,
    > such as license numbers etc. According to the license, I have to keep
    > copis of this.
    >
    > You can pick up my PGP public key from
    >
    > 	http://www.auug.org.au/cgi-bin/pgpkey.pl
    >
    > which is a key-signing service.
    >
    > > Sure, we'd like the CD. ;-)  I will even compensate you for it
    > > somehow...
    >
    > You already have, Dion.
    >
    > > By the way, if you want any SCO software for free, just say the
    > > word.  Never mind asking for a 100-user server license, but
    > > any of the usual stuff is yours for the asking.
    >
    > 8-) I'm not sure I heard that. I wouldn't mind that free SCO OpenServer
    > and UnixWare, at least so I can get Motif up on my FreeBSD box.
    >
    > I'll browse your web site & send you a shopping list sometime.
    >
    > Many thanks,
    >
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980302152605.46176@sco.com>
    Date: Mon, 2 Mar 1998 15:26:05 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Full Steam Ahead with License
    References: <199803012315.KAA02121@henry.cs.adfa.oz.au>
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    See below.

    On Mon, Mar 02, 1998 at 10:15:36AM +1100, Warren Toomey wrote:
    > Dion,
    > 	No negative feedback on the mailing list re the license. If you haven't
    > already, give legal the go-ahead on the license.

    I am going to give myself the go-ahead and not bother those busy
    legal folks any more.

    It looks like we may be able to permit credit cards and Intl Money Orders.
    Are VISA and AMEX enough cards to support?
    I should know pretty soon on this.

    > 	I am proposing that a number of volunteers burn CDs to meet the demand
    > of the licencees. Someone asked if a password-protected ftp site would be ok?
    > I thought that it might contravene the license. What's your opinion?

    As long as you know WHO has the password, that would be in accordance
    with the license, as I read it.
    -Dion

    > I've talked to a number of people who write journal articles, to get this
    > some more publicity, but only when the license is purchasable.
    >
    > Thanks,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Mon, 2 Mar 1998 16:23:37 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: License paperwork
    References: <199803022334.KAA08093@henry.cs.adfa.oz.au>
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    On Tue, Mar 03, 1998 at 10:34:10AM +1100, Warren Toomey wrote:
    > Dion,
    > 	You mentioned that legal may not be happy with the full license
    > being publically available. Does this mean that we have to write SCO to
    > get paper copies?

    I was concerned that some nefarious hacker would modify the license
    and sign it, send in, and we not notice that he modified it.

    But I just went over and talked to some of the legal folks here... as
    far as they are concerned, this is not a big exposure.  So you
    can put it on your website, and we may (or may not) put it on ours.
    In any case, we would like to put a link to your website.
    We will probably create a PR-oriented web page about this, giving
    credit to you and PUPS et al who signed the petition or whatever
    makes sense.

    So I guess we can do whatever feels reasonable.  We can always
    spot check these (or check every one of them if someone wants
    to).  But will not do any fancy authentication procedures.

    Someday in the future when electronic commerce is more developed
    things like verification of forms and electronic signatures will
    be commonplace...

    So I guess what we have is this:
    1. prospective licensee gets the form from your website.
    2. He signs and sends to us here and sends his $100 to SF PO box
    3. Someone here lets you know that he is a licensee.
    4. You can send him the source code  (and charge a fee for that
       as you see fit).

    As soon as I get an answer on the credit card/ IMO question,
    we are done, it seems.
    -Dion

    > Having a .ps or .pdf or .doc version of the license available on your
    > web site (or ftp site) would be much better. Prospective licensees could
    > download, print, sign and post it into SCO with their cheque or credit
    > card details.
    >
    > Maybe as a middle-ground solution, I could hold the electronic version, and
    > email it to people who want it?
    >
    > Any ideas?
    >
    > Thanks,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980303122911.38200@sco.com>
    Date: Tue, 3 Mar 1998 12:29:11 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: License paperwork
    References: <19980302162337.13017@sco.com> <199803030103.MAA08355@henry.cs.adfa.oz.au>
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    In-Reply-To: <199803030103.MAA08355@henry.cs.adfa.oz.au>; from Warren Toomey on Tue, Mar 03, 1998 at 12:03:46PM +1100
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    On Tue, Mar 03, 1998 at 12:03:46PM +1100, Warren Toomey wrote:
    > > So I guess what we have is this:
    > > 1. prospective licensee gets the form from your website.
    > > 2. He signs and sends to us here and sends his $100 to SF PO box
    > > 3. Someone here lets you know that he is a licensee.
    > > 4. You can send him the source code  (and charge a fee for that
    > >    as you see fit).
    > >
    > > As soon as I get an answer on the credit card/ IMO question,
    > > we are done, it seems.
    > > -Dion
    >
    > I think so. Thanks again for all this effort. You'll be glad to have a
    > break from me when this is all over.
    > Phew!
    > 	Warren

    Quite frankly, you are one of the most reasonable customers I've
    ever dealt with. ;-)
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 3 Mar 1998 13:53:58 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: License paperwork
    References: <19980303122911.38200@sco.com> <199803032111.IAA15985@henry.cs.adfa.oz.au>
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    On Wed, Mar 04, 1998 at 08:11:45AM +1100, Warren Toomey wrote:
    > > Quite frankly, you are one of the most reasonable customers I've
    > > ever dealt with. ;-)
    >
    > You must have some awful customers then. Next gnarly question from the
    > mailing list:
    >
    > > Will those who have to
    > > transfer the source kit through a PC-clone or other Unix workstation
    > > have to license the intermediary machines with SCO?  In other words,
    > > will the intermediary machines need to be registered as "DESIGNATED
    > > CPU"s?
    >
    > I hope not!
    >
    > 	Warren

    Right, that makes no sense at all.  I suspect we (you and I) will
    want to whip up a sort of cover letter for the license that
    explains how to fill out the form and, as experience accumulates,
    a FAQ, etc.  I know that academically inclined people enjoy
    nitpicking and obliquely critiquing legal language by reading
    in various permutations of parentheses... and it's fun up
    to a point, but I dont want to get too bogged down with this.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    Message-Id: <199803022328.KAA08076@henry.cs.adfa.oz.au>
    Subject: Re: Full Steam Ahead with License
    To: dionj@sco.COM (Dion Johnson)
    Date: Tue, 3 Mar 1998 10:28:19 +1100 (EST)
    Cc: pups@minnie.cs.adfa.oz.au (PDP Unix Preservation)
    In-Reply-To: <19980302152605.46176@sco.com> from Dion Johnson at "Mar 2, 98 03:26:05 pm"
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    In article by Dion Johnson:
    > I am going to give myself the go-ahead and not bother those busy
    > legal folks any more.

    Goodo.

    > It looks like we may be able to permit credit cards and Intl Money Orders.
    > Are VISA and AMEX enough cards to support? I should know pretty soon on this.

    I suspect that would be fine.

    > > Someone asked if a password-protected ftp site would be ok?
    > > I thought that it might contravene the license. What's your opinion?
    >
    > As long as you know WHO has the password, that would be in accordance
    > with the license, as I read it.
    > -Dion

    That's excellent news, Dion. I'll cc this to the PUPS mailing list.

    Thanks again,

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980309162345.49134@sco.com>
    Date: Mon, 9 Mar 1998 16:23:45 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Draft of `How to Get License' info
    References: <199803100005.LAA10612@henry.cs.adfa.oz.au>
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    In-Reply-To: <199803100005.LAA10612@henry.cs.adfa.oz.au>; from Warren Toomey on Tue, Mar 10, 1998 at 11:05:08AM +1100
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    On Tue, Mar 10, 1998 at 11:05:08AM +1100, Warren Toomey wrote:
    > Dion,
    > 	Hi, I'm just drafting a set of instructions to add to the PUP web
    > page on how to get the new PDP-11 license from SCO. I've attached it below.
    > Stuff in [] are comments about things I'm not sure of.

    Good show!

    > Could you read through it and suggest any useful changes?

    Yes, see below.

    > I'm also not sure if I'm going to contact SCO to verify that a person
    > owns a license, or if SCO is going to contact me when someone buys a license.
    > Which way, and who to contact at SCO?

    I think we need to send you an email when a license is signed.
    That is, when WE sign it and return a copy to the sender.

    > Mind you, I'm hanging out for the official announcement, so are about
    > 300 other people.
    >
    > Many thanks again!!
    >
    > 	Warren
    >
    >
    > Here's how to get a source license for PDP-11 Unix from SCO:
    >
    > 1. Download the SCO source license from this web server [``SCO source license''

    I think we can call it "SCO Special Software License"

    As far as I know, you can put it on your website too.

    >    is the hyperlink]. Alternatively ftp it from ftp://..., or obtain it from
    >    SCO's web server at http://....

    http://www.sco.com/offers

    >    [?] The source license is in several formats: [which ones?]

    I think we just want it in ordinary ASCII text.  I sure as
    hell would not have a Word format document. ;-)  We should tell
    folks to avoid messing with the text of the contract so that
    our "contract text checking program" will not be confused.
    <wink>  <wink>.

    > 2. Print the source license out.
    >
    > 3. Fill in your full name and address.
    >
    > 4. For AUTHORIZED COUNTRY, I suggest writing:
    >
    > 	All countries not excluded by Section 5.2

    Yes, very good.  I have no idea how to find that damned
    govt list.  I think our reference is out of date but who
    cares?

    > 5. You need to list the DESIGNATED CPUs. [Do we? I can't see where on
    >    the draft to fill this in] If you have PDP-11 hardware,
    >    list the number and models of PDP-11s, e.g

    No, it doesnt say that.  It says that on our request, you must
    furnish the list, but we dont demand it up front.  In practice,
    I doubt we will ever ask anyone to furnish this, much less
    do an on-site visit.  Of course, it might be a fun way to
    win a trip to Australia if I volunteer to go on a tour to
    see that our highly valuable intellectual property is
    being treated right... ;-)

    >
    > 		two PDP-11/45, three PDP-11/23
    >
    >    If you are going to run the software using the emulators, list them, e.g
    >
    > 	    PDP-11/40 emulator written by Eric Edwards
    > 	    PDP-11/45 emulator (Ersatz) written by John Wilson
    > 	    PDP-11/45 emulator written by Bob Supnik
    > 	    PDP-11/45 emulator (P11) written by Joerg Micheel & Harti Brandt
    > 	    User-mode PDP-11 emulator (Apout) written by Warren Toomey
    >
    >    You might as well put these in anyway.
    >
    > 6. Draw a cheque (from a U.S bank) for US$100 to The Santa Cruz Operation, Inc.
    >    An alternative is to quote your credit card number, described below.

    Or Intl Money Order.  I think we need to explicitly say VISA, Mastercard,
    or American Express.  I dont want to have trouble with some indigenous, local
    credit cards, if possible.

    > 7. Write a cover note giving you name and contact details (address, fax, email)
    >    and indicating you wish to purchase the enclosed source license for PDP-11
    >    Unix. Quote your credit card details here, if you are paying by this method,
    >    and authorise SCO to withdraw US$100 from your card.
    >
    > 8. Sign the license agreement. Sign the cover note. Send the agreement, cover
    >    note and any bank cheque to:
    >
    > 	The Santa Cruz Operation, Inc.
    > 	P.O. Box 7745
    > 	San Francisco, CA 94120-7745
    >
    > 9. Wait for a response from SCO.

    SCO will try to respond within 2 weeks.  (I'm guessing here)
    If you have any questions, contact:

    THE SANTA CRUZ OPERATION, INC.
    400 Encinal Street
    Santa Cruz, California 95061-1900
    United States of America

    Attention: Law and Corporate Affairs

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980310124522.51796@sco.com>
    Date: Tue, 10 Mar 1998 12:45:22 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Draft of `How to Get License' info
    References: <19980309162345.49134@sco.com> <199803100038.LAA10653@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
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    Warren,

    Are there any cute/interesting logos or other graphics
    in any of your old UNIX materials?

    I'm looking for something to put on our web page to
    advertise the new $100 license for ancient source.

    If you could scan in something and email it, or even
    postal mail a box cover or something I can scan in
    or digi-photograph...

    I dont have any of these ancient materials around here.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 10 Mar 1998 15:09:08 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Draft of `How to Get License' info
    References: <19980310130649.37234@sco.com> <199803102302.KAA11854@henry.cs.adfa.oz.au>
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    License form (signed) and the remittance both go to
    the PO box in SF.

    On Wed, Mar 11, 1998 at 10:02:18AM +1100, Warren Toomey wrote:
    > In article by Dion Johnson:
    > > Looks good.  You will probably want to tweak it as
    > > questions come up.
    >
    > Just one, do we send the license to PO Box 7745, or to Encinal street.
    > I know the cheques got to PO Box 7745.
    >
    > Thanks,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980310130649.37234@sco.com>
    Date: Tue, 10 Mar 1998 13:06:49 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Draft of `How to Get License' info
    References: <19980309162345.49134@sco.com> <199803100038.LAA10653@henry.cs.adfa.oz.au>
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    Looks good.  You will probably want to tweak it as
    questions come up.

    As far as I understand things, we are ready to go when
    you are.   That is, we can accept license applications
    any time.

    I am working with our webpage gnomes to get something
    online here.  Probably takes a week or two, the way our
    bureaucracy operates...

    On Tue, Mar 10, 1998 at 11:38:22AM +1100, Warren Toomey wrote:
    > Here's the next draft with your suggestions, Dion.
    >
    > 	Warren
    >
    >
    > Here's how to get a source license for PDP-11 Unix from SCO:
    >
    > 1. Download the SCO Special Software License from this web server.
    >    Alternatively ftp it from ftp://..., or obtain it from
    >    SCO's web server at http://www.sco.com/offers.
    >
    > 2. Print the source license out. Don't think about modifying the license
    >    because it is verified when it gets to SCO, and all you are doing is
    >    throwing away the cost of postage.
    >
    > 3. Fill in your full name and address.
    >
    > 4. For AUTHORIZED COUNTRY, I suggest writing:
    >
    > 	All countries not excluded by Section 5.2
    >
    > 5. Draw a cheque (from a U.S bank), or an international money order, for
    >    US$100. It must be payable to The Santa Cruz Operation, Inc.
    >    An alternative is to quote your credit card number, described below.
    >
    > 6. Write a cover note giving you name and contact details (address, fax, email)
    >    and indicating you wish to purchase the enclosed SCO Special Software
    >    License.
    >
    > 7. You can pay by VISA, Mastercard, or American Express credit card if you
    >    choose. Quote your credit card details in the cover note, if you are paying
    >    by this method, and authorise SCO to withdraw US$100 from your card.
    >
    > 8. Sign the license agreement. Sign the cover note. Send the agreement, cover
    >    note and any bank cheque to:
    >
    > 	The Santa Cruz Operation, Inc.
    > 	P.O. Box 7745
    > 	San Francisco, CA 94120-7745
    >
    > 9. Wait for a response. SCO will try to respond within 2 weeks.
    >    If you have any questions about the license or its status, contact:
    >
    > 	THE SANTA CRUZ OPERATION, INC.
    > 	400 Encinal Street
    > 	Santa Cruz, California 95061-1900
    > 	United States of America
    >
    > 	Attention: Law and Corporate Affairs

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 10 Mar 1998 14:15:58 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Draft of `How to Get License' info
    References: <19980310130649.37234@sco.com> <199803102148.IAA11714@henry.cs.adfa.oz.au>
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    Organization: SCO Inc.
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    THE SANTA CRUZ OPERATION, INC.
    SPECIAL SOFTWARE LICENSE AGREEMENT FOR ANCIENT UNIX SOURCE CODE

    Agreement Number: ________________
    (to be assigned by SCO upon acceptance)

    A.  THE SANTA CRUZ OPERATION, INC., a California corporation
    (SCO), having an office at 400 Encinal Street, Santa Cruz,
    California 95061-1900 and LICENSEE, as defined in the signature
    block of this Agreement agree that, as of the Effective Date
    hereof, as defined in Section 7.1, the terms and conditions set
    forth in this Agreement shall apply to use by LICENSEE of SOURCE
    CODE PRODUCTS subject to this Agreement.

    B.  SCO makes certain licensing rights for SOURCE CODE PRODUCTS
    available under this Agreement, including rights to make and use
    DERIVED BINARY PRODUCTS.  Such SOURCE CODE PRODUCT is identified
    in Section 3 of this Agreement .

    C.  This Agreement sets forth the entire agreement and
    understanding between the parties as to the subject matter hereof
    and merge all prior discussions between them, and neither of the
    parties shall be bound by any conditions, definitions,
    warranties, understandings or representations with respect to
    such subject matter other than as expressly provided herein or as
    duly set forth on or subsequent to the date of acceptance hereof
    in writing and signed by a proper and duly authorized
    representative of the party to be bound thereby.  No provision
    appearing on any form originated by LICENSEE shall be applicable
    unless such provision is expressly accepted in writing by an
    authorized representative of SCO.

    F.  The AUTHORIZED COUNTRY for this Agreement shall be ______________________.

    IN WITNESS WHEREOF, the parties have caused this Agreement to be
    executed by their duly authorized representatives.

    LICENSEE:                               THE SANTA CRUZ OPERATION, INC.

    __________________________________ 	By:_________________________________
    Name                   Title

    __________________________________	____________________________________
    Address                                 Printed name and title

    __________________________________	____________________________________
    Address

    __________________________________	____________________________________
    Address                                 Date

    __________________________________
    By

    __________________________________
    Print or Type Name and title

    __________________________________
    Phone and FAX, please

    __________________________________
    Email address - required

    I.  DEFINITIONS

    1.1 AUTHORIZED COUNTRY means one or more countries specified on
    page 1 of this Agreement.

    1.2 CPU means a computer having one or more processing units and
    a single global memory space.

    1.3 COMPUTER PROGRAM means any instruction or instructions for
    controlling the operation of a CPU.

    1.4 DERIVED BINARY PRODUCT means COMPUTER PROGRAMS in OBJECT CODE
    format based on a SOURCE CODE PRODUCT.

    1.5 DESIGNATED CPU means all CPUs licensed as such for a specific
    SOURCE CODE PRODUCT.

    1.6 OBJECT CODE means a COMPUTER PROGRAM in binary form,
    resulting from the compilation of SOURCE CODE by computer or
    compiler into machine executable code and which is in a form of
    computer programs not convenient to human understanding of the
    program logic, but which is appropriate for execution or
    interpretation by computer.

    1.7 SOURCE CODE means COMPUTER PROGRAMS written in certain
    programming languages in electronic media form and in a form
    convenient for reading and review by a trained individual, such
    as a printed or written listing of programs, containing specific
    algorithms, instructions, plans, routines and the like, for
    controlling the operation of a computer system, but which is not
    in a form that would be suitable for execution directly on
    computer hardware.

    1.8 SOURCE CODE PRODUCT means a SCO software offering, primarily
    in SOURCE CODE form.  Such offering may also include OBJECT CODE
    components.

    1.9 SUCCESSOR OPERATING SYSTEM means a SCO software offering that
    is (i) specifically designed for a 16-Bit computer, or (ii) the
    32V version, and (ii) specifically excludes UNIX System V and
    successor operating systems.

    2.  GRANT OF RIGHTS

    2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
    nonexclusive right to use, in the AUTHORIZED COUNTRY, each SOURCE
    CODE PRODUCT identified in Section 3 of this Agreement, solely
    for personal use (as restricted in Section 2.1(b)) and solely on
    or in conjunction with DESIGNATED CPUs, and/or Networks of
    CPUs, licensed by LICENSEE through this SPECIAL SOFTWARE LICENSE
    AGREEMENT for such SOURCE CODE PRODUCT.  Such right to use
    includes the right to modify such SOURCE CODE PRODUCT and to
    prepare DERIVED BINARY PRODUCT based on such SOURCE CODE PRODUCT,
    provided that any such modification or DERIVED BINARY PRODUCT
    that contains any part of a SOURCE CODE PRODUCT subject to this
    Agreement is treated hereunder the same as such SOURCE CODE
    PRODUCT.  SCO claims no ownership interest in any portion of such
    a modification or DERIVED BINARY PRODUCT that is not part of a
    SOURCE CODE PRODUCT.

    (b) Personal use is limited to noncommercial uses.  Any such use
    made in connection with the development of enhancements or
    modifications to SOURCE CODE PRODUCTS is permitted only if (i)
    neither the results of such use nor any enhancement or
    modification so developed is intended primarily for the benefit
    of a third party and (ii) any copy of any such result,
    enhancement or modification, furnished by LICENSEE to a third
    party holder of an equivalent Software License with SCO where
    permitted by Section 8.4(b) below, is furnished for no more than
    the cost of reproduction and shipping.  Any such copy that
    includes any portion of a SOURCE CODE PRODUCT shall be subject to
    the provisions of such Section 8.4.

    (c) LICENSEE may produce printed and on-line copies of
    documentation included with the SOURCE CODE PRODUCT as necessary
    for use with the DESIGNATED CPUs.  All copies must include a
    legally sufficient copyright notice and a statement that the
    documents include a portion or all of SCO's copyrighted
    documentation, which is being reproduced with permission.

    (d) Commercial use by LICENSEE of SOURCE CODE PRODUCTS or of any
    result, enhancement or modification associated with the use of
    SOURCE CODE PRODUCTS under this Agreement is not permitted.  Such
    commercial use is permissible only pursuant to the terms of an
    appropriate commercial software agreement between SCO or a
    corporate affiliate thereof and LICENSEE.  For purposes of this
    Agreement, commercial use includes, but is not limited to,
    furnishing copies to third parties in a manner not permitted by
    Section 8.4(b).

    (e) SCO also grants LICENSEE a personal, nontransferable and
    nonexclusive right to make copies of DERIVED BINARY PRODUCTS and,
    subject to U.  S.  Government export requirements and to Section
    8.4(b), to furnish such copies directly to other LICENSEES who
    have an equivalent Software License with SCO before or at the
    time of furnishing each copy of a DERIVED BINARY PRODUCT.

    2.2 (a) Any notice acknowledging a contribution of a third party
    appearing in a SOURCE CODE PRODUCT shall be included in
    corresponding portions of DERIVED BINARY PRODUCTS made by
    LICENSEE.

    (b) Each portion of a DERIVED BINARY PRODUCT shall include an
    appropriate copyright notice.  Such copyright notice may be the
    copyright notice or notices appearing in or on the corresponding
    portions of the SOURCE CODE PRODUCT on which such DERIVED BINARY
    PRODUCT is based or, if copyrightable changes are made in
    developing such DERIVED BINARY PRODUCT, a copyright notice
    identifying the owner of such changes.

    2.3 No right is granted hereunder to use any trademark of SCO (or
    a corporate affiliate thereof).  However, LICENSEE must state in
    packaging, labeling or other wise that a DERIVED BINARY PRODUCT
    is derived from SCO's software under license from SCO and
    identify such software (including any trademark, provided the
    proprietor of the trademark is appropriately identified).
    LICENSEE agrees not to use a name or trademark for a DERIVED
    BINARY PRODUCT that is confusingly similar to a name or trademark
    used by SCO (or a corporate affiliate thereof).

    2.4 A single back-up CPU may be used as a substitute for the
    DESIGNATED CPU without notice to SCO during any time when such
    DESIGNATED CPU is inoperative because it is malfunctioning or
    undergoing repair, maintenance or other modification.

    3.  LICENSED SOURCE CODE PRODUCTS

    The SOURCE CODE PRODUCTS to which SCO grants rights under this
    Agreement are restricted to the following UNIX Operating Systems,
    including SUCCESSOR OPERATING SYSTEMs, that operate on the 16-Bit
    PDP-11 CPU and early versions of the 32-Bit UNIX Operating System
    with specific exclusion of UNIX System V and successor operating
    systems:

    16-Bit	UNIX Editions 1, 2, 3, 4, 5, 6, 7
    32-bit  32V

    4.  DELIVERY

    SCO makes no guarantees or commitments that any SOURCE CODE
    PRODUCT is available from SCO.  If available, SCO will, within a
    reasonable time after SCO receives the fee specified in this
    Agreement for a SOURCE CODE PRODUCT, furnish to LICENSEE one (1)
    copy of such SOURCE CODE PRODUCT.

    5.  EXPORT

    5.1 LICENSEE agrees that it will not, without the prior written
    consent of SCO, export, directly or indirectly, SOURCE CODE
    PRODUCTS covered by this Agreement to any country outside of the
    AUTHORIZED COUNTRY.

    5.2 LICENSEE hereby assures SCO that it does not intend to and
    will not knowingly, without the prior written consent, if
    required, of the Office of Export Administration of the U.S.
    Department of Commerce, Washington, D.C.  20230, transmit,
    directly or indirectly:

    (i) any SOURCE CODE PRODUCT subject to this Agreement; or

    (ii) any immediate product (including processes) produced
    directly by the use of any such SOURCE CODE PRODUCT;

    to Afghanistan, the People's Republic of China or any Group Q, S,
    W, Y or Z country specified in Supplement No.  1 to Section 370
    of the Export Administration Regulations issued by the U.S.
    Department of Commerce.

    5.3 LICENSEE agrees that its obligations under Sections 5.1 and
    5.2 shall survive and continue after any termination of rights
    under this Agreement.

    6.  FEES AND TAXES

    6.1 In consideration for the rights granted to LICENSEE for use
    of the SOURCE CODE PRODUCTS identified in Section 3 above,
    LICENSEE shall pay to SCO a one-time Right-to-Use Fee of
    US$100.00 for the DESIGNATED CPUs at the time this Agreement is
    returned to SCO for final execution.

    6.2 Payment to SCO shall be made in United States dollars to SCO
    at the address specified in Section 8.8(a).

    6.3 LICENSEE shall pay all taxes (and any related interest or
    penalty), however designated, imposed as a result of the
    existence or operation of this Agreement, including, but not
    limited to, any tax which LICENSEE is required to withhold or
    deduct from payment to SCO, except (i) any tax imposed upon SCO
    (or a corporate affiliate thereof) in the jurisdiction in which
    the aforesaid office of LICENSEE is located if such tax is
    allowable as a credit against United States income taxes of SCO
    (or such an affiliate) and (ii) any income tax imposed upon SCO
    (or such an affiliate) by the United States or any governmental
    entity within the United States proper (the fifty (50) states and
    the District of Columbia).  To assist in obtaining the credit
    identified in (i) of this Section 5.05, LICENSEE shall furnish
    SCO with such evidence as may be required by United States taxing
    authorities to establish that any such tax has been paid.  The
    Fee specified in Section 6.1 above do not include taxes.  If SCO
    is required to collect a tax to be paid by LICENSEE, LICENSEE
    shall pay such tax to SCO on demand.

    7.  TERM

    7.1 This Agreement shall become effective on and as of the date
    of acceptance by SCO.  The initial term of this Agreement shall
    be for one (1) year.  Thereafter, the Agreement will
    automatically renew for successive one (1) year terms unless
    either party gives the other, no later than ninety (90) days
    before the end of the initial term, or then current extension,
    written notice of its intent to terminate this Agreement.
    Nothing in this Agreement shall be construed to require either
    party to extend this Agreement beyond the initial term or any
    subsequent term.

    7.2 LICENSEE may terminate its rights under this Agreement by
    written notice to SCO certifying that LICENSEE has discontinued
    use of and returned or destroyed, at SCO's option, all copies of
    SOURCE CODE PRODUCTS subject to this Agreement.

    7.3 If LICENSEE fails to fulfill one or more of its obligations
    under this Agreement, SCO may, upon its election and in addition
    to any other remedies it might have, at any time terminate all
    the rights granted by it hereunder by not less than two (2)
    months' written notice to LICENSEE specifying any such breach,
    unless within the period of such notice all breaches specified
    therein shall have been remedied; upon such termination LICENSEE
    shall immediately discontinue use of and return or destroy, at
    SCO's option, all copies of SOURCE CODE PRODUCTS in its
    possession.

    7.4 In the event of termination of LICENSEE's rights under
    Sections 7.2 or 7.3, (i) all fees that LICENSEE has become
    obligated to pay shall become immediately due and payable and
    (ii) SCO shall have no obligation to refund any amounts paid to
    it hereunder.

    8.  MISCELLANEOUS PROVISIONS

    8.1 This Agreement shall prevail notwithstanding any conflicting
    terms or legends which may appear in a SOURCE CODE PRODUCT.

    8.2 If, and only if, SCO is the entity that provides SOURCE CODE
    PRODUCT to LICENSEE, SCO warrants for a period of ninety (90)
    days from furnishing a SOURCE CODE PRODUCT to LICENSEE hereunder,
    that any magnetic medium on which portions of a SOURCE CODE
    PRODUCT are furnished will be free under normal use from defects
    in materials, workmanship or recording.  If such a defect appears
    within such warranty period LICENSEE may return the defective
    medium for replacement without charge.  Replacement is LICENSEE's
    sole remedy with respect to such a defect.  SCO also warrants
    that it is empowered to grant the rights granted herein.  SCO and
    other developers make no other representations or warranties,
    expressly or impliedly.  By way of example but not of limitation,
    SCO and other developers make no representations or warranties of
    merchantability or fitness for any particular purpose, or that
    the use of any SOURCE CODE PRODUCT will not infringe any patent,
    copyright or trademark.  SCO and other developers shall not be
    held to any liability with respect to any claim by LICENSEE, or a
    third party on account of, or arising from, the use of any SOURCE
    CODE PRODUCT.

    8.3 Neither the execution of this Agreement nor anything in any
    SOURCE CODE PRODUCT shall be construed as an obligation upon SCO
    or any other developer to furnish any person, including LICENSEE,
    any assistance of any kind whatsoever, or any information or
    documentation.

    8.4 (a) LICENSEE agrees that it shall hold all parts of the
    SOURCE CODE PRODUCTS subject to this Agreement in confidence for
    SCO.  LICENSEE further agrees that should it make such disclosure
    of any or all of such SOURCE CODE PRODUCTS (including methods or
    concepts utilized therein) to anyone to whom such disclosure is
    necessary to the use for which rights are granted hereunder,
    LICENSEE shall appropriately notify each such person to whom any
    such disclosure is made that such disclosure is made in
    confidence and shall be kept in confidence and have each such
    person sign a confidentiality agreement containing restrictions
    on disclosure substantially similar to those set forth herein.

    If LICENSEE should become aware of a violation of SCO's
    intellectual property and/or proprietary rights, LICENSEE shall
    promptly notify SCO and cooperate with SCO in such enforcement.

    If information relating to a SOURCE CODE PRODUCT subject to this
    Agreement at any time becomes available without restriction to
    the general public by acts not attributable to LICENSEE,
    LICENSEE's obligations under this section shall not apply to such
    information after such time.

    (b) Notwithstanding the provisions of Section 8.4(a), LICENSEE
    may make available copies of a SOURCE CODE PRODUCT, either in
    modified or unmodified form, to third parties in the AUTHORIZED
    COUNTRY having Source Code Licenses of the same scope herewith
    from SCO for the same SOURCE CODE PRODUCT, if and only if (i)
    LICENSEE first requests verification the status of the recipient
    by contacting SCO at the address contained in Section 8.8(b) or
    other number specified by SCO, and (ii) SCO gives written
    verification of the recipient's software license status.
    LICENSEE shall maintain a record of each such SOURCE CODE PRODUCT
    made available.

    8.5
    (a) On SCO's request, but not more frequently than annually,
    LICENSEE shall furnish to SCO a statement, listing the location,
    type and serial number of the DESIGNATED CPU hereunder and
    stating that the use by LICENSEE of SOURCE CODE PRODUCTS subject
    to this Agreement has been reviewed and that each such SOURCE
    CODE PRODUCT is being used solely on the DESIGNATED CPU (or
    temporarily on a back-up CPU) for such SOURCE CODE PRODUCTS in
    full compliance with the provisions of this Agreement.

    (b) SCO shall have the right, upon reasonable notice to LICENSEE
    and through SCO's accredited auditing representative, to make an
    on-site inspection during normal business hours, not more
    frequently than annually, of all LICENSEE's CPUs to determine
    that SOURCE CODE PRODUCTS are being used solely on the DESIGNATED
    CPU and are used solely for personal purposes as authorized under
    this Agreement.

    8.6 The obligations of LICENSEE under Section 8.4 shall survive
    and continue after any termination of rights under this
    Agreement.

    8.7 Neither this Agreement nor any rights hereunder, in whole or
    in part, shall be assignable or otherwise transferable by
    LICENSEE and any purported assignment or transfer shall be null
    and void.

    8.8 (a) Payments to SCO under this Agreement shall be made in US
    dollars, by credit card (VISA, American Express, or Mastercard
    ONLY), International Money Order, or check drawn on U.S. bank
    payable to:

    THE SANTA CRUZ OPERATION, INC.
    P.O. Box 7745
    San Francisco, CA 94120-7745

    (b) Correspondence with SCO relating to this Agreement shall be
    sent to:

    THE SANTA CRUZ OPERATION, INC.
    400 Encinal Street
    Santa Cruz, California 95061-1900
    United States of America

    Attention: Law and Corporate Affairs

    (c) Any statement, notice, request or other communication shall
    be deemed to be sufficiently given to the addressee and any
    delivery hereunder deemed made when sent by certified mail
    addressed to LICENSEE at its office specified in this Agreement
    or to SCO at the appropriate address specified in this Section
    7.7.  Each party to this Agreement may change an address relating
    to it by written notice to the other party.

    8.9 LICENSEE shall obtain all approvals from any governmental
    authority in the AUTHORIZED COUNTRY required to effectuate this
    Agreement according to its terms, including any such approvals
    required for LICENSEE to make payments to SCO pursuant to this
    Agreement.  LICENSEE shall bear all expenses associated with
    obtaining such approvals.

    8.10 The construction and performance of this Agreement shall be
    governed by the laws of the State of California, USA.

    SCO-Soft.  Sp.-030998

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/03/10
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    Message-ID: <19980310150838.29113@sco.com>
    Date: Tue, 10 Mar 1998 15:08:38 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Draft of `How to Get License' info
    References: <19980310141558.40721@sco.com> <199803102251.JAA11827@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
    Content-Type: text/plain; charset=us-ascii
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    In-Reply-To: <199803102251.JAA11827@henry.cs.adfa.oz.au>; from Warren Toomey on Wed, Mar 11, 1998 at 09:51:34AM +1100
    Organization: SCO Inc.
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    I suspect the legal/finance folks will holler "foul" when
    this hits them but hell that's their job. ;-)

    And now, here is a possible beginning for an announcement.
    Let me know what you think.  Pass this along to anyone
    else whom you wish to comment.

    10 March 1998

    SCO Provides Low-cost Source License for Ancient UNIX Versions
    --------------------------------------------------------------

    SCO, in cooperation with the PDP-11 UNIX Preservation Society, is
    happy to announce the availability of a special software license
    for UNIX Editions 1-7 and 32V.

    This license permits hobbyists and enthusiasts to have access to
    the source code of these historic versions of UNIX, for personal
    and noncommercial use, and to share experiences and code updates
    with other licensees.

    The license text may be found online at www.sco.com/offers, and
    the PUPS website URL below.  A $100 fee is charged to offset cost
    of legal and administrative handling of the license.  If you are
    interested, and for more information, check the PUPS website at

      http://minnie.adfa.oz.au/PUPS

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Czar of Free Stuff and Technical customers' advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/03/18
    Received: from csadfa.cs.adfa.oz.au (csadfa.cs.adfa.oz.au [131.236.20.6]) by henry.cs.adfa.oz.au (8.7.5/8.7.3) with ESMTP id KAA03644 for <wkt@henry.cs.adfa.oz.au>; Thu, 19 Mar 1998 10:10:26 +1100 (EST)
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    Message-ID: <19980318150923.44326@sco.com>
    Date: Wed, 18 Mar 1998 15:09:23 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: CD coming your way
    References: <199803170003.LAA03177@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
    Content-Type: text/plain; charset=us-ascii
    X-Mailer: Mutt 0.89.1
    In-Reply-To: <199803170003.LAA03177@henry.cs.adfa.oz.au>; from Warren Toomey on Tue, Mar 17, 1998 at 11:03:01AM +1100
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    I havent heard anything from our people who live in
    the PO box in SF.  I am almost afraid to ask. ;-)

    I am closer to getting SCO's version of the license
    availability announcement out the door.   It's
    being reviewed.

    Sheesh, you'd think I work for a $billion company with
    all the bureaucracy.

    Thanks for the cute Kangaroo picture.  I also got a
    pretty postcard of a DEC PDP-8 from Max Bennet (I am
    not sure I'm reading his writing correctly) at NOP.
    You know who they are, I suppose?

    Also got a nice letter from a grad student at U Wisc
    who wanted the license but could not afford it.

    I think we will work up a process to waive the
    fee for needy applicants.
    -Dion

    On Tue, Mar 17, 1998 at 11:03:01AM +1100, Warren Toomey wrote:
     >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     >Subject: CD coming your way
     >To: Dion Johnson <dionj@sco.com>
     >Date: Tue, 17 Mar 1998 11:03:01 +1100 (EST)
     >X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     >Dion,
     >	I dropped a CD of the current PUPS Archive of ancient Unix in the
     >mail on Saturday. Hopefully it should be with you in a week or two.
     >
     >Please have a look at it and make any comments. It was written at 4x speed,
     >and I can't read it on very old drives, but the new CD drives should cope.
     >
     >How are licensing coping with the incoming deluge?!
     >
     >Cheers,
     >	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980318152303.51086@sco.com>
    Date: Wed, 18 Mar 1998 15:23:03 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: CD coming your way
    References: <19980318150923.44326@sco.com> <199803182318.KAA03662@henry.cs.adfa.oz.au>
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    On Thu, Mar 19, 1998 at 10:18:20AM +1100, Warren Toomey wrote:
     >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     >Subject: Re: CD coming your way
     >To: Dion Johnson <dionj@sco.com>
     >Date: Thu, 19 Mar 1998 10:18:20 +1100 (EST)
     >X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     >In article by Dion Johnson:
     >> I havent heard anything from our people who live in
     >> the PO box in SF.  I am almost afraid to ask. ;-)
     >
     >Hmm, I understand the feeling. I had that when
     >I started pestering you at the beginning ;-)
     >
     >> I am closer to getting SCO's version of the license
     >> availability announcement out the door.   It's
     >> being reviewed. Sheesh, you'd think I work for
     >> a $billion company with all the bureaucracy.
     >
     >Yes, a few people were asking when www.sco.com/offers
     >was going to reflect the license release.
     >
     >> Thanks for the cute Kangaroo picture.  I also got a
     >> pretty postcard of a DEC PDP-8 from Max Bennet (I am
     >> not sure I'm reading his writing correctly) at NOP.
     >> You know who they are, I suppose?
     >
     >There's a DEC special interest group called SIG NOP. The OP stands
     >for Old Platforms. I can't remember what the N stands for, if anything.

    This says:
    Nostalgic Obsolete Products
    The postcard is from a DEC Museum in Australia
    Interesting...

    I am putting these cards and letters up on the wall
    in the hallway, and will report to some of the VPs
    about this.  Maybe get PR involved and do a press
    release about how fucking nice we are.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980318154934.53647@sco.com>
    Date: Wed, 18 Mar 1998 15:49:34 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: CD coming your way
    References: <19980318152303.51086@sco.com> <199803182328.KAA03710@henry.cs.adfa.oz.au>
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    On Thu, Mar 19, 1998 at 10:28:21AM +1100, Warren Toomey wrote:
     >> I am putting these cards and letters up on the wall
     >> in the hallway, and will report to some of the VPs
     >> about this.  Maybe get PR involved and do a press
     >> release about how fucking nice we are.
     >
     >Whups, ah that's what it stood for. They have monthly meetings here in
     >Australia, and they have working bees which restore old DEC boxes.
     >
     >?! haven't heard you swear before. Bad day at work? you don't like PR
     >people? I've written a short article for the Australian Unix Users Group
     >here, which I've attached. PR without the PR, perhaps.

    No, I meant it in a kidding way.  Sorry, a California-ism.

    Actually, I like the PR people.  I just think that what they
    do is pretty ridiculous.

    This is a very interesting and amusing article.  I am most
    flattered by your kind words.  (I also might get a few brownie
    points with the big bosses, which is extra nice.)

    After it's published by your User group, how about publishing
    it in SCO World, or some similar place?  Would you be up
    for that?
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980318161915.51127@sco.com>
    Date: Wed, 18 Mar 1998 16:19:15 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: CD coming your way
    References: <19980318154934.53647@sco.com> <199803190009.LAA03836@henry.cs.adfa.oz.au>
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    On Thu, Mar 19, 1998 at 11:09:59AM +1100, Warren Toomey wrote:
     >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     >Subject: Re: CD coming your way
     >To: Dion Johnson <dionj@sco.com>
     >Date: Thu, 19 Mar 1998 11:09:59 +1100 (EST)
     >In article by Dion Johnson:
     >> No, I meant it in a kidding way.  Sorry, a California-ism.
     >
     >Fair enough. Email flattens out all the nuances of normal conversation;
     >I guess that's why smileys were invented.

    Yes, exactly.

     >> Actually, I like the PR people.  I just think that what they
     >> do is pretty ridiculous.
     >
     >Yeah, me too.
     >
     >> This is a very interesting and amusing article.  I am most
     >> flattered by your kind words.  (I also might get a few brownie
     >> points with the big bosses, which is extra nice.)
     >> After it's published by your User group, how about publishing
     >> it in SCO World, or some similar place?  Would you be up
     >> for that?
     >
     >I'm sure I can get them to approve that. Actually, I've submitted it
     >but they haven't said yes or no yet. So it's still unpublished, and you
     >can have it for SCO World, as long as they approve its publication
     >elsewhere. Peter Salus at Usenix was also going to take it, or he was
     >going to write something himself (he was involved in the liberation of
     >the Lions' book).

    I think it would be very nice in SCO World (circ. 50K).
    They are an independent publication, but always looking for
    interesting material.

     >I haven't heard back from anyone in regards to PR-type images/icons
     >for the license artwork.

    I forget.  What did you want this for?  The company is a little
    bit nervous about letting people use our logo, but it's done
    without permission all the time and we dont do anything about it.

     >Overall, what's the attitude within SCO re the new license and the
     >stuff you did over the past 2 years to get it approved? I hope it
     >hasn't made you persona non grata.

    Of course the technical people are pleased, although few of them
    know about it as yet, since it's not announced.

    Doug is mildly pleased, I guess.  I think Ray Anderson, my
    VP of Marketing feels I've been wasting too much time on this
    thing which is not obviously making money, but I think he'll
    come around when he sees some good PR flowing.

    The legal people are a little grumpy at me, but they also
    know my heart is pure and they sorta respect that.

    I am known as a bit of a maverick, and customer advocate, so
    it's expected.  Every company needs a few people like me.

    Overall, I am very proud of doing this and grateful for your
    help and the help of the other PUPS and other participants
    in the Unix heritage.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <6B84B1FF221BD011B0AC08002BE69206683DF7@excmso.mso.dec.com>
    From: Bob Supnik <Bob.Supnik@digital.com>
    To: "'wkt@cs.adfa.oz.au'" <wkt@cs.adfa.oz.au>, dionj@sco.com
    Subject: RE: the PDP binary license
    Date: Thu, 19 Mar 1998 17:32:55 -0500
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    I dealt with Scott McGregor, the now departed CTO of the company.

    /Bob

    	-----Original Message-----
    	From:	Warren Toomey [SMTP:wkt@henry.cs.adfa.oz.au]
    	Sent:	Thursday, March 19, 1998 5:03 PM
    	To:	dionj@sco.com
    	Cc:	bob.supnik@ljo.dec.com; jeannea@sco.com
    	Subject:	Re: the PDP binary license

    	In article by Dion Johnson:
    	> One of our legal people asked me about the
    	> binary licenses for 5-7th edition that you
    	> mention on your web page.
    	>
    	> I dont know this entire story.    What's
    	> the origin of this license?  It's clearly
    	> an SCO license, but who, here, provided it
    	> to you guys?  Who did Bob deal with?
    	> -Dion

    	Hi Dion, I don't know whi Bob Supnik was dealing with inside SCO
    	to get the PDP-11 binary licenses approved. I'm cc'ing this to
    Bob,
    	who should be able to give you the full story.

    	Cheers,
    		Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/03/19
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    Message-ID: <19980319130057.52458@sco.com>
    Date: Thu, 19 Mar 1998 13:00:57 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@henry.cs.adfa.oz.au
    Cc: jeannea@sco.COM
    Subject: the PDP binary license
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    One of our legal people asked me about the
    binary licenses for 5-7th edition that you
    mention on your web page.

    I dont know this entire story.    What's
    the origin of this license?  It's clearly
    an SCO license, but who, here, provided it
    to you guys?  Who did Bob deal with?
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980319145743.24614@sco.com>
    Date: Thu, 19 Mar 1998 14:57:43 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: the PDP binary license
    References: <19980319130057.52458@sco.com> <199803192202.JAA05191@henry.cs.adfa.oz.au>
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    In-Reply-To: <199803192202.JAA05191@henry.cs.adfa.oz.au>; from Warren Toomey on Fri, Mar 20, 1998 at 09:02:30AM +1100
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    Thanks Warren!
    This will help to speed our license announcement.

    On Fri, Mar 20, 1998 at 09:02:30AM +1100, Warren Toomey wrote:
     >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     >Subject: Re: the PDP binary license
     >To: Dion Johnson <dionj@sco.com>
     >Date: Fri, 20 Mar 1998 09:02:30 +1100 (EST)
     >Cc: bob.supnik@ljo.dec.com, jeannea@sco.com

     >In article by Dion Johnson:
     >> One of our legal people asked me about the
     >> binary licenses for 5-7th edition that you
     >> mention on your web page.
     >>
     >> I dont know this entire story.    What's
     >> the origin of this license?  It's clearly
     >> an SCO license, but who, here, provided it
     >> to you guys?  Who did Bob deal with?
     >> -Dion
     >
     >Hi Dion, I don't know whi Bob Supnik was dealing with inside SCO
     >to get the PDP-11 binary licenses approved. I'm cc'ing this to Bob,
     >who should be able to give you the full story.
     >
     >Cheers,
     >	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980320140932.37135@sco.com>
    Date: Fri, 20 Mar 1998 14:09:32 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: DRAFT of ancient UNIX license.
    References: <19980225144345.61400@sco.com> <199802252256.JAA25689@henry.cs.adfa.oz.au>
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    On Thu, Feb 26, 1998 at 09:56:49AM +1100, Warren Toomey wrote:
     >Yes please. And you should send any license identification information,
     >such as license numbers etc. According to the license, I have to keep
     >copis of this.
     >
     >You can pick up my PGP public key from
     >
     >	http://www.auug.org.au/cgi-bin/pgpkey.pl
     >
     >which is a key-signing service.
     >

    The service says I need to specify a "normal PGP search string".

    Since I have not used PGP before, I dont know what this is.
    Can you tell me briefly?

    We have about a dozen licenses here, all paid up and signed
    off.

    Some of the legal folks are still asking questions and raising
    objections, but I think the horse has already left the barn. ;-)

    Btw, another interesting question:

    How does PUPS, yourself, and various others in the ancient
    priesthood handle the word "Unix" ?

    That is,  I know the original usage was "Unix".
    Later, much later, it was trademarked by TOG as UNIX(R).
    Some people here are trying to tell me that occurrences
    of "Unix" should be replaced by the trademarked version
    but I'm not sure that's true.  The older version of
    the word relates to the Unix technology as it existed
    prior to the trademarked word, so I would try to argue
    that "Unix" is perfectly correct usage and does not
    refer to that thing which is called UNIX(R).

    What's your take on this?

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/03/23
    Received: (from wkt@localhost) by henry.cs.adfa.oz.au (8.7.5/8.7.3) id KAA08431; Mon, 23 Mar 1998 10:26:45 +1100 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199803222326.KAA08431@henry.cs.adfa.oz.au>
    Subject: Re: DRAFT of ancient UNIX license.
    To: dionj@sco.COM (Dion Johnson)
    Date: Mon, 23 Mar 1998 10:26:45 +1100 (EST)
    Cc: wkt (Warren Toomey)
    In-Reply-To: <19980320140932.37135@sco.com> from Dion Johnson at "Mar 20, 98 02:09:32 pm"
    Reply-To: wkt@cs.adfa.oz.au
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    In article by Dion Johnson:
    > Since I have not used PGP before, I dont know what this is.
    > Can you tell me briefly?

    PGP is a public key system which provides both document encryption and
    authentication.

    Each person has a private key & a public key. The public key is distributed.

    To encrypt a document, you use the receiver's public key. Only the real
    receiver can decrypt the document, using their private key.

    To sign a document, you encrypt with your private key. Anybody with your
    public key can decrypt the document, and this proves that you were the signer.

    Encryption and authentication can be combined.

    I assume you have PGP version 2.6.3 installed on your system at SCO.
    To create your public/private key, do:

    	$ pgp -kg 1024

    which makes keys of 1024 bits.

    You can save your public key in fred.asc by

    	$ pgp -kxa xxx fred

    where xxx is your login name. Put this file on your web page somewhere.

    To add someone else's key (in file jim.asc) to your list of keys:

    	$ pgp -ka jim.asc

    It is best if you have your email built to use PGP transparently. Otherwise,
    here's what to do:

    Encrypt a document to remote user xxx:

    	$ pgp -o newfile -ea file xxx

    Sign a document:

    	$ pgp -o newfile -sa file

    Sign and encrypt:

    	$ pgp -o newfile -sea file xxx

    Then attach newfile to the e-mail to user xxx.

    Decrypting incoming file:

    	$ pgp -d infile

    Verifying signing of incoming file:

    	$ pgp -d infile

    > We have about a dozen licenses here, all paid up and signed
    > off. Some of the legal folks are still asking questions and raising
    > objections, but I think the horse has already left the barn. ;-)

    Excellent. I guess the country issue would stick in their throats a bit.

    > Btw, another interesting question:
    > How does PUPS, yourself, and various others in the ancient
    > priesthood handle the word "Unix" ?
    >
    > That is,  I know the original usage was "Unix".
    > Later, much later, it was trademarked by TOG as UNIX(R).
    > Some people here are trying to tell me that occurrences
    > of "Unix" should be replaced by the trademarked version
    > but I'm not sure that's true.  The older version of
    > the word relates to the Unix technology as it existed
    > prior to the trademarked word, so I would try to argue
    > that "Unix" is perfectly correct usage and does not
    > refer to that thing which is called UNIX(R).
    >
    > What's your take on this?

    Here's my answer below, Dion. Hope this helps!!

    	Warren

    Here are my reasons why I use the term Unix and not UNIX. You may find the
    wording of the following somewhat belligerent: I'm just calling it as I see it.
    Therefore, you may wish to tone down the wording for internal consumption.

    1) UNIX looks ugly.

    	I much prefer Unix to UNIX in terms of appearance.
    	This probably explains why UnixWare isn't UNIXWare.

    2) Wide existing use of Unix.

    	The term Unix is widely used, both in print, in the Usenet
    	newsgroups, and in other places (such as freely-available software).
    	If the lawyers are going to urge us to use the term UNIX, then we
    	say `Why didn't you urge everybody else to do the same?' In particular,
    	the 25 Years of Unix book by Peter Salus and John Lions' Commentary
    	on V6 talk about the same versions of Unix that we do.

    3) We are not violating trademark laws.

    	UNIX is a trademark, and so there are set rules on its use.
    	Unix is not a trademark, and so we are not violating any laws.

    4) No license requirements to prevent use of Unix.

    	So far as I can tell, no Western Electric, AT&T or SCO license
    	has any clauses about the term Unix, and not to use it.
    	I could be wrong here, though.

    5) The trademark only came into existence around 1977.

    	No 6th Edition files contain the words `UNIX is a trademark of
    	Bell Laboratories'. Therefore, there was no trademark specific
    	term for the software up to this point.

    6) Adjective stupidity.

    	UNIX still is an adjective, I believe. This results in expression
    	stupidity. For example, I can say ``6th Edition Unix was released
    	in May 1975.'' However, I have to say ``The 6th Edition of the
    	UNIX operating system was released in May 1975.''

    	Mind you, this affects SCO's web pages: many of your pages violate
    	this adjectival usage:

    		UnixWare 7 extends the powerful remote management capabilities
    		available in UNIX by providing greater automation and control
    		over local and networked servers and simplifies system
                   administration  [unixware/new_features/factsheet.html]

    What Do I Mean by Unix?
    -----------------------

    In the most general context, Unix is an operating system that has roughly the
    same system calls, user programs, concepts and ethos of 7th Edition UNIX.
    Anything which meets POSIX 1003.1 and 1003.2 is a Unix system. This includes
    Minix, Linux, FreeBSD, UnixWare and Xenix.

    In another context, the research editions of UNIX, and anything derived
    from them which is copyright the owner of 7th Edition UNIX (i.e SCO) is
    also Unix. Where there is confusion, I use the term `real Unix'. Where
    there is no confusion (e.g on the PUPS Web pages), I just say Unix.

    Depending on opinion, either 6th Edition or 7th Edition UNIX are the
    `one true Unix'. I'd say 7th Edition myself.

    Therefore, what the laywers mean by UNIX is roughly what I mean by `real Unix'.
    But I don't treat Unix as an adjective.

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Thu, 26 Mar 1998 11:01:11 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: public key block
    Mime-Version: 1.0
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    Ho ho!  My problem was that I did not know what
    "normal PGP search string" meant.  I conjectured,
    from your answer, that I might try "wkt" and sure
    enough that value caused the server to send
    me a public key block which I will take to
    be yours. ;-)

    On Mon, Mar 23, 1998 at 07:51:45AM +1100, Warren Toomey wrote:
     >From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     >Subject: Re: DRAFT of ancient UNIX license.
     >To: Dion Johnson <dionj@sco.com>
     >Date: Mon, 23 Mar 1998 07:51:45 +1100 (EST)
     >X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     >In article by Dion Johnson:
     >> On Thu, Feb 26, 1998 at 09:56:49AM +1100, Warren Toomey wrote:
     >>  >Yes please. And you should send any license identification information,
     >>  >such as license numbers etc. According to the license, I have to keep
     >>  >copis of this.
     >>  >
     >>  >You can pick up my PGP public key from
     >>  >
     >>  >	http://www.auug.org.au/cgi-bin/pgpkey.pl
     >>  >
     >>  >which is a key-signing service.
     >
     >Whups, search for Warren or wkt, and you will get my public key back.
     >
     >Just eating my breakfast at the moment, so I'll reply to the other bits
     >when I get to work...
     >
     >Had a BBQ last night with a dozen friends, so a bit of Mondayitis now 8-)
     >
     >	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980331160120.29891@sco.com>
    Date: Tue, 31 Mar 1998 16:01:20 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: public key block
    References: <19980326110111.30246@sco.com> <199803262049.HAA04384@henry.cs.adfa.oz.au>
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    In-Reply-To: <199803262049.HAA04384@henry.cs.adfa.oz.au>; from Warren Toomey on Fri, Mar 27, 1998 at 07:49:13AM +1100
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    Well, we have 12 licenses accumulated here and I havent got any
    "system" set up to deal with these.  I will probably just send
    you a list of the peoples' names and addresses by postal mail.
    Hope that's not too primitive.

    On Fri, Mar 27, 1998 at 07:49:13AM +1100, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: public key block
     > To: Dion Johnson <dionj@sco.com>
     > Date: Fri, 27 Mar 1998 07:49:13 +1100 (EST)
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > In article by Dion Johnson:
     > > Ho ho!  My problem was that I did not know what
     > > "normal PGP search string" meant.  I conjectured,
     > > from your answer, that I might try "wkt" and sure
     > > enough that value caused the server to send
     > > me a public key block which I will take to
     > > be yours. ;-)
     >
     > Yep, and it also ensures that a representative of AUUG actually met me
     > personally to verify who I was and that I did own the key.
     >
     > Things are hotting up here, the mail on the PUPS list is flooding in.
     > I'm waiting for the first `Got my license!' email to arrive.
     >
     > Peter Salus has got an article about the licenses in the June Usenix ;login
     > magazine. I'll include it below. My article may be taken by AUUG, UKUUG and
     > ;login, too.
     >
     > Thanks again,
     >
     > 	Warren
     > [ ... ]

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 31 Mar 1998 16:09:00 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: public key block
    References: <19980331160120.29891@sco.com> <199804010006.KAA10386@henry.cs.adfa.oz.au>
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    On Wed, Apr 01, 1998 at 10:06:39AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: public key block
     > To: Dion Johnson <dionj@sco.com>
     > Date: Wed, 1 Apr 1998 10:06:39 +1000 (EST)
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > In article by Dion Johnson:
     > > Well, we have 12 licenses accumulated here and I havent got any
     > > "system" set up to deal with these.  I will probably just send
     > > you a list of the peoples' names and addresses by postal mail.
     > > Hope that's not too primitive.
     >
     > Hi Dion, that would be fine with me. You can't send them to me with
     > PGP? We were wondering how things were going, as nobody has got their
     > licenses yet.

    They are handwritten.  I am too lazy to type them all in.
    Also, I dont have a copy of PGP on my machine here yet.

     >
     > Alternatively, fax? +61 2 6268 8581	Attention: Warren Toomey

    I will just drop them into a DHL or similar express shipment
    thing.  Hopefully in a day or two.
    Thanks!

     >
     > Thanks again,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980331162326.11207@sco.com>
    Date: Tue, 31 Mar 1998 16:23:26 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: public key block
    References: <19980331160900.27769@sco.com> <199804010015.KAA10446@henry.cs.adfa.oz.au>
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    The "the licensing guys" turns out to be ME. ;-)
    Legal and the other bureaucrats want no part of this.
    So I get to run the program as I see fit.  After all
    that discussion.  Why did I ever even bother to ask
    them about this? ;-)  Corporate paper-pushers....
    I am one, too.

    Of course an email address is useful, but not unless
    you also have the guy's address typed in, etc.

    We shoulda implemented a web-based license form.
    I didnt think I could get away with that.
    Oh well.

    On Wed, Apr 01, 1998 at 10:15:15AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: public key block
     > To: Dion Johnson <dionj@sco.com>
     > Date: Wed, 1 Apr 1998 10:15:15 +1000 (EST)

     > Oh, any chance of getting the licensing guys to mail us and allow us to
     > consult our order on the
     >
     > 	http://wdb1.sco.com/clbk_web/owa/freeunix_order_status
     >
     > web page?
     >
     > Ciao,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980331163152.06209@sco.com>
    Date: Tue, 31 Mar 1998 16:31:52 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: public key block
    References: <19980331162326.11207@sco.com> <199804010031.KAA10474@henry.cs.adfa.oz.au>
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    I suspect the number of these will be small enough
    to do it by hand.    You, of course, and the PUPS club
    can implement any kind of nifty system you want.

    On Wed, Apr 01, 1998 at 10:31:57AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: public key block
     > To: Dion Johnson <dionj@sco.com>
     > Date: Wed, 1 Apr 1998 10:31:57 +1000 (EST)
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > In article by Dion Johnson:
     > > The "the licensing guys" turns out to be ME. ;-)
     > > Legal and the other bureaucrats want no part of this.
     > > So I get to run the program as I see fit.  After all
     > > that discussion.  Why did I ever even bother to ask
     > > them about this? ;-)  Corporate paper-pushers....
     > > I am one, too.
     > >
     > > Of course an email address is useful, but not unless
     > > you also have the guy's address typed in, etc.
     > >
     > > We shoulda implemented a web-based license form.
     > > I didnt think I could get away with that.
     > > Oh well.
     >
     > Yeah, sounds dumb, huh. So the forms are going to SF and then back to you.
     > A web page isn't going to work by itself, cos you'll want ink signatures
     > on the license to prove that they have agreed to it.
     >
     > Any ideas?
     >
     > I could put a CGI script in front of the license. Propective user must
     > fill in particulars before they get the license. Particulars get mailed to
     > prospective user, you and I.
     >
     > They still have to mail license, ink signature and billing details to you.
     >
     > I can't think of anything else yet.
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980331164321.11623@sco.com>
    Date: Tue, 31 Mar 1998 16:43:21 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: public key block
    References: <19980331163152.06209@sco.com> <199804010038.KAA10494@henry.cs.adfa.oz.au>
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    In-Reply-To: <199804010038.KAA10494@henry.cs.adfa.oz.au>; from Warren Toomey on Wed, Apr 01, 1998 at 10:38:25AM +1000
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    That's really nice of you Warren, but let's hold off
    just yet.  So far, I do still need one of the legal
    eagles to actually sign the license.

    On Wed, Apr 01, 1998 at 10:38:25AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: public key block
     > To: Dion Johnson <dionj@sco.com>
     > Date: Wed, 1 Apr 1998 10:38:25 +1000 (EST)
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > In article by Dion Johnson:
     > > I suspect the number of these will be small enough
     > > to do it by hand.    You, of course, and the PUPS club
     > > can implement any kind of nifty system you want.
     >
     > Ok, try this. Would you be happy to get a short email indicating intent to
     > purchase a license?
     >
     > I can set up a CGI script that says:
     >
     > 	Download the license here.
     >
     > 	If you intend to purchase this license, please
     > 	fill out the following details:
     >
     > 		Full Name
     > 		E-mail address
     >
     > 	This will allow SCO to contact you once your license
     > 	has been processed.
     >
     > I'll try to set it up so that you can reply directly to the mail you
     > get, to let the guy know they have a license.
     >
     > What do you think?
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980402162959.29710@sco.com>
    Date: Thu, 2 Apr 1998 16:29:59 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au, Bob Supnik <Bob.Supnik@digital.com>
    Subject: Re: Ultrix for PDP-11s
    References: <6B84B1FF221BD011B0AC08002BE69206683E61@excmso.mso.dec.com> <199804030013.KAA12943@henry.cs.adfa.oz.au>
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    Greetings, fellow crusaders,

    The existing special source license also covers binaries.
    Look at sections 2.1(a) and 2.1(e).
    If at all possible, it will be best if we can find an
    interpretation of the existing license that permits what
    Bob needs.  I think we have it... this is a license to
    derived binaries from the sources and should cover all
    of SCO's IP that is precursor to DEC's Ultrix added
    value.

    Does this do the job you need?
    -Dion

    Warren: I will be shipping you the first dozen licensee
    names/addrs tomorrow.  You should have 'em next week.
    -Dion

    On Fri, Apr 03, 1998 at 10:13:01AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: Ultrix for PDP-11s
     > To: Bob Supnik <Bob.Supnik@digital.com>
     > Date: Fri, 3 Apr 1998 10:13:01 +1000 (EST)
     > Cc: Dion Johnson <dionj@sco.com>
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > Dion, Bob,
     > 	I'm emailing you both because I think I need you both here :-)
     >
     > Previously, I asked Bob Supnik about the status of PDP-11 Ultrix. From
     > Bob's reponse (below), I'm assuming that Ultrix comes without any source.
     >
     > In article by Bob Supnik:
     > > If you can clear the other license issues (SCO's) Digital would have no
     > > problem giving a free license to its value add, whatever that was.
     > >
     > > That is, if the user can obtain a valid license from SCO, either binary
     > > or source, Digital will agree to license its portion at no cost under
     > > existing terms.
     > > /Bob
     >
     > I replied to Bob asking if the PUPS group could distribute Ultrix to
     > source licensees ONLY. Then I re-read his email....
     >
     > Bob is saying that, if SCO licenses its copyrighted portions of PDP-11
     > Ultrix _binaries_, DEC will also do so, and allow them to be obtained at no
     > cost.
     >
     > In order for this to happen, we need a new SCO binary license. Dion, the
     > existing 5th, 6th & 7th Edition binary license is the sort of thing that
     > we require, but it needs to be extended to include either Ultrix binaries,
     > or ALL PDP-11 UNIX binaries (except System V binaries, huh).
     >
     > Dion, Bob, you've both participated in PDP-11 UNIX licensing recently;
     > is this going to be an effort?
     >
     > An alternative, which is nearly no effort, is for DEC to allow owners of
     > PDP-11 UNIX source licenses to obtain PDP-11 Ultrix at no cost. This means
     > a $100 fee to get the source license. I think that this would be acceptable.
     >
     > So, the choices are:
     >
     > 	a) SCO to modify existing binary license to include Ultrix (others?)
     > 	b) DEC to permit no cost Ultrix-11 licenses to SCO license holders.
     >
     > I suspect you're going to opt for b), but I don't think there's going to
     > be much drama there.
     >
     > Thanks again!!!
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980403091140.42545@sco.com>
    Date: Fri, 3 Apr 1998 09:11:40 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Ultrix for PDP-11s
    References: <19980402162959.29710@sco.com> <199804030107.LAA13113@henry.cs.adfa.oz.au>
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    On Fri, Apr 03, 1998 at 11:07:51AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: Ultrix for PDP-11s
     > To: Dion Johnson <dionj@sco.com>
     > Date: Fri, 3 Apr 1998 11:07:51 +1000 (EST)

     > Hey Dion, I was going to mention SCO Xenix for the PDP-11
     > a while ago, but I thought you already had enough worries.

    My, my.  I didnt know there was a XENIX for the PDP-11.

     > It's covered as a sucessor system, but:
     >
     > 	+ parts are owned by Microsoft?

    Maybe.  MS was the exclusive owner of XENIX back in those days, I
    think.  We still pay MS a royalty for some of the XENIX code that
    is in OpenServer.

     > 	+ we don't have copies of any version.
     >
     > Is there anybody at SCO who might have saved this old stuff?

    I will ask around.  Last time I looked for a copy of XENIX
    for the Apple Lisa, I found one.

     > Are we going to be sued by MS if we distribute it?

    Probably you would not, but SCO will surely be very, very
    cautious about this.  We are continually in discussions with MS
    about royalty matters and we would not want to give them
    any ammunitiion.   I suspect the legal eagles dont know about
    XENIX for the PDP-11.  We should be discreet.
    -Dion

     >
     > Thanks,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/04/03
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    Message-ID: <19980403095446.48700@sco.com>
    Date: Fri, 3 Apr 1998 09:54:46 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: licenses mail today
    References: <19980402162959.29710@sco.com> <199804030036.KAA13016@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
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    In-Reply-To: <199804030036.KAA13016@henry.cs.adfa.oz.au>; from Warren Toomey on Fri, Apr 03, 1998 at 10:36:30AM +1000
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    I think I can get the licenses mailed today to the licensees.

     > > Warren: I will be shipping you the first dozen licensee
     > > names/addrs tomorrow.  You should have 'em next week.
     > > -Dion
     >
     > Thanks Dion, have you also shipped the licenses?
     > The natives are getting restless!
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 7 Apr 1998 10:50:28 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: AU-1, AU-10
    References: <199804070007.KAA00511@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
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    In-Reply-To: <199804070007.KAA00511@henry.cs.adfa.oz.au>; from Warren Toomey on Tue, Apr 07, 1998 at 10:07:47AM +1000
    Organization: SCO Inc.
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    On Tue, Apr 07, 1998 at 10:07:47AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: AU-1, AU-10
     > To: Dion Johnson <dionj@sco.com>
     > Date: Tue, 7 Apr 1998 10:07:47 +1000 (EST)
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > Dion,
     > 	AU-1 (Peter Jenner) and AU-10 (Charles Retter) have arrived. Can you
     > confirm? I'm assuming the AU stands for Ancient Unix, and not Australia.
     >
     > Thanks again!
     >
     > 	Warren

    I sent all 13 licenses in a DHL package.  I dont understand how
    you could have only these two.  Look again and let me know.  I sent
    only the address-page of a copy of the license.

    Yes, AU = ancient Unix.

    We can indeed make AU-0 be yours. I am the number-assigner.

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 7 Apr 1998 11:00:20 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: pete@dunnington.u-net.com
    Cc: wkt@henry.cs.adfa.oz.au
    Subject: Re: AU-0 licence
    References: <9804070219.ZM1535@indy.dunnington.york.ac.uk>
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    A very good idea! thanks.

    Warren: can you pls fill out a license and send it to me?
    thx.

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Czar of Free Stuff and Technical customers' advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 408-427-5417  Voice: 408-427-7565

    On Tue, Apr 07, 1998 at 01:19:05AM +0000, Pete Turnbull wrote:
     > Date: Tue, 7 Apr 1998 01:19:05 GMT
     > From: Pete Turnbull <pete@dunnington.u-net.com>
     > To: dionj@sco.com
     > Subject: AU-0 licence

     > Hi, Dion.
     >
     > I hope you don't mind me mailing you directly.  I don't know how closely you
     > follow the PUPS mailing list.  It's been suggested that Warren get the 0th
     > licence (AU-0) in recognition of his efforts.  I'd like to vote for that, if
     > it's possible, and assuming you haven't claimed it yourself!
     >
     > Thanks for all your efforts,
     >
     > Pete
     >
     > --
     >
     > Pete						Peter Turnbull
     > 						Dept. of Computer Science
     > 						University of York

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 7 Apr 1998 15:26:02 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: AU-0 licence
    References: <19980407110020.45019@sco.com> <199804072211.IAA02220@henry.cs.adfa.oz.au>
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    I just received 12 more licenses signed by the NJ legal folks.
    But yours was not in this batch.
    I will get these copied and off to you tomorrow (I think).

    On Wed, Apr 08, 1998 at 08:11:44AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: AU-0 licence
     > To: Dion Johnson <dionj@sco.com>
     > Date: Wed, 8 Apr 1998 08:11:44 +1000 (EST)
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > In article by Dion Johnson:
     > > Warren: can you pls fill out a license and send it to me?
     >
     > Yup, I have. SCO took their $100 on the 24th March, according to my
     > Visacard statement. Perhaps you should have a word with SF, from the
     > email, I suspect a lot of people's applications haven't got to you yet.
     >
     > Ta,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 7 Apr 1998 16:48:24 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: djenner@halcyon.com
    Cc: wkt@henry.cs.adfa.oz.au
    Subject: AU-0 for Warren
    References: <199804072233.IAA02379@henry.cs.adfa.oz.au> <352AB466.302B0F13@halcyon.com>
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    On Tue, Apr 07, 1998 at 04:19:02PM -0700, David C. Jenner wrote:
     > Date: Tue, 07 Apr 1998 16:19:02 -0700
     > From: "David C. Jenner" <djenner@halcyon.com>
     > To: wkt@cs.adfa.oz.au, Dion Johnson <dionj@sco.com>
     > Subject: Re: More licenses in the works

    Yes, I will for sure.  If I'd had my wits about me, I'd have
    started the numbers with #2 and kept #1 for him. ;-)

    As for the Millenium, didnt they start counting at zero? ;-)

     > Dion,
     >
     > Make sure you assign Warren license number "AU-0".  He's mad at me for
     > getting AU-1, and we decided on the PUPS mailing list that he should be
     > honored with AU-0.  (He probably believes that 2000 is the first year of
     > the next millenium, too!)
     >
     > Thanks,
     > Dave
     >
     > Warren Toomey wrote:
     > >
     > > In article by Dion Johnson:
     > > > I just received 12 more licenses signed by the NJ legal folks.
     > > > But yours was not in this batch.
     > > > I will get these copied and off to you tomorrow (I think).
     > >
     > > Thanks Dion, I know you're working hard there. It looks like legal are
     > > the bottleneck.
     > >
     > >         Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    To: wkt@cs.adfa.oz.au, Dion Johnson <dionj@sco.COM>
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    Dion,

    Make sure you assign Warren license number "AU-0".  He's mad at me for
    getting AU-1, and we decided on the PUPS mailing list that he should be
    honored with AU-0.  (He probably believes that 2000 is the first year of
    the next millenium, too!)

    Thanks,
    Dave

    Warren Toomey wrote:
    >
    > In article by Dion Johnson:
    > > I just received 12 more licenses signed by the NJ legal folks.
    > > But yours was not in this batch.
    > > I will get these copied and off to you tomorrow (I think).
    >
    > Thanks Dion, I know you're working hard there. It looks like legal are
    > the bottleneck.
    >
    >         Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/04/08
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    Date: Wed, 8 Apr 1998 07:18:50 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: AU-0 for Warren
    References: <19980407164824.16093@sco.com> <199804080010.KAA02484@henry.cs.adfa.oz.au>
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    No problem, all in good fun!

    On Wed, Apr 08, 1998 at 10:10:44AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: AU-0 for Warren
     > To: Dion Johnson <dionj@sco.com>
     > Date: Wed, 8 Apr 1998 10:10:44 +1000 (EST)
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > In article by Dion Johnson:
     > > Yes, I will for sure.  If I'd had my wits about me, I'd have
     > > started the numbers with #2 and kept #1 for him. ;-)
     > > As for the Millenium, didnt they start counting at zero? ;-)
     > >
     > > Dion
     >
     > Dion, sorry for all this unwanted email traffic. And no, I wasn't `mad'
     > at David for AU-1, I called him a swine and then congratulated him :-)
     >
     > Dearie me.
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980408143838.36148@sco.com>
    Date: Wed, 8 Apr 1998 14:38:38 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Details of License Transaction
    References: <199804082123.HAA04042@henry.cs.adfa.oz.au>
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    In-Reply-To: <199804082123.HAA04042@henry.cs.adfa.oz.au>; from Warren Toomey on Thu, Apr 09, 1998 at 07:23:56AM +1000
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    I have 13 more licenses for you, being copied now.
    I will mail these off tomorrow or Friday.
    Will someone be able to sign for the package if they
    arrive next week?

    On Thu, Apr 09, 1998 at 07:23:56AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Details of License Transaction
     > To: Dion Johnson <dionj@sco.com>
     > Date: Thu, 9 Apr 1998 07:23:56 +1000 (EST)
     > Hi Dion,
     > 	I'm just about to go off for Easter, some friends are getting married.
     > I'm including a scan of my Visacard report just so you can see that someone
     > at SCO has done the financial processing. I think legal are being slow again.
     > You'll probably get a deluge of 50 licenses from them next week :-)
     >
     > Have a good break!
     >
     > 	Warren
     >
     >

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/04/08
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    Message-ID: <19980408144857.37635@sco.com>
    Date: Wed, 8 Apr 1998 14:48:57 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Details of License Transaction
    References: <19980408143838.36148@sco.com> <199804082142.HAA04272@henry.cs.adfa.oz.au>
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    In-Reply-To: <199804082142.HAA04272@henry.cs.adfa.oz.au>; from Warren Toomey on Thu, Apr 09, 1998 at 07:42:58AM +1000
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    We who sweat in the corporate salt mines do not get any
    Spring break!  And the company does _not_ give us chocolate
    Easter eggs, either.

    I hope you enjoy a nice time while you are away!

    On Thu, Apr 09, 1998 at 07:42:58AM +1000, Warren Toomey wrote:
     >
     > Don't eat too much chocolate, now...
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/04/10
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    Date: Fri, 10 Apr 1998 12:19:15 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@henry.cs.adfa.oz.au
    Subject: more licenses coming
    Mime-Version: 1.0
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    OK, I am sending off licenses 13-26 to you today.

    Still havent seen your license come through, though.
    I hope it wasnt lost...

    I hope your friends had a nice wedding.  Happy
    Easter (Vernal Equinox, if you are secular).
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Got batch #2 of licenses
    References: <199804141024.UAA09947@henry.cs.adfa.oz.au>
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    Organization: SCO Inc.
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    I understand they have your license and it is awaiting
    the signature of Mr. Broderick.  Let's hope he does not
    recognize your name and subject your license to special
    scrutiny. ;-)

    On Tue, Apr 14, 1998 at 08:24:59PM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Got batch #2 of licenses
     > To: Dion Johnson <dionj@sco.com>
     > Date: Tue, 14 Apr 1998 20:24:59 +1000 (EST)

     > Hi Dion,
     > 	I've just got the next batch of licenses, up to AU-26. They are all
     > dated 6th April by Bill Broderick. Could you have a chat with him and find
     > out where the paperwork for my license has got to? SCO has taken the $100 fee
     > from my account, but nobody has sighted the license on paper. I can always
     > send in the paperwork again. Would you accept a fax of the paperwork?
     >
     > Many thanks!
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/04/15
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    Message-ID: <19980415164454.38667@sco.com>
    Date: Wed, 15 Apr 1998 16:44:54 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Got batch #2 of licenses
    References: <19980415112402.29888@sco.com> <199804152250.IAA12465@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
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    In-Reply-To: <199804152250.IAA12465@henry.cs.adfa.oz.au>; from Warren Toomey on Thu, Apr 16, 1998 at 08:50:43AM +1000
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    Dont worry; he cant get far with a campaign of denial.

    On Thu, Apr 16, 1998 at 08:50:43AM +1000, Warren Toomey wrote:
     > In article by Dion Johnson:
     > > I understand they have your license and it is awaiting
     > > the signature of Mr. Broderick.  Let's hope he does not
     > > recognize your name and subject your license to special
     > > scrutiny. ;-)
     >
     > I reckon he already has! Thanks Dion, at least I know its in the works.
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/04/16
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    Message-ID: <19980416074447.59336@sco.com>
    Date: Thu, 16 Apr 1998 07:44:47 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Got batch #2 of licenses
    References: <19980415164454.38667@sco.com> <199804160005.KAA12606@henry.cs.adfa.oz.au>
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    Organization: SCO Inc.
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    Our dept admin.asst. does 'em.
    What typos?
    This is what I have for the address:

    	Warren Toomey
    	School of Computer Science, ADFA.
    	Northcott drive, Canberra. ACT. 2600
    	AUSTRALIA

    	Work Phone (GMT +10):	+61 2 6268 8050

    On Thu, Apr 16, 1998 at 10:05:35AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: Got batch #2 of licenses
     > To: Dion Johnson <dionj@sco.com>
     > Date: Thu, 16 Apr 1998 10:05:35 +1000 (EST)

     > In article by Dion Johnson:
     > > Dont worry; he cant get far with a campaign of denial.
     >
     > 8-). Can a throw in an apropos? Do you do your DHL labels, or does someone
     > else? The last two have had quite a few typos on them, but fortunately
     > still arrived.
     >
     > Thanks!
     >
     > 	Warren
     >
     >

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/04/29
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    Message-ID: <19980429075637.18549@sco.com>
    Date: Wed, 29 Apr 1998 07:56:37 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Hi again
    References: <199804290122.LAA03686@henry.cs.adfa.oz.au>
    Mime-Version: 1.0
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    Yeh, I notice they have not sent me any lately.
    I am bugging them...

    On Wed, Apr 29, 1998 at 11:22:52AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Hi again
     > To: Dion Johnson <dionj@sco.com>
     > Date: Wed, 29 Apr 1998 11:22:52 +1000 (EST)

     > Hi again Dion! I hate to bother you, but could you check up with Bill Broderick
     > and see how many Ancient UNIX licenses are in the works? I've been receiving a
     > few murmurings from people here who've been waiting for several weeks. I'm
     > one of them: it's been over a month since SCO got their license fee.
     >
     > On another note, we may have found some UNIX artwork done back in 1976, and
     > we might even be able to get permission to use it for CD covers etc. I'll
     > keep you posted.
     >
     > Cheers & thanks,
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/04/29
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    Message-ID: <19980429101330.45584@sco.com>
    Date: Wed, 29 Apr 1998 10:13:30 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@henry.cs.adfa.oz.au
    Subject: Re: $100 source license for Ancient Unix
    References: <19980428101841.17210@sco.com> <3.0.1.32.19980429094317.009a4950@cwinet.colorworldmt.com>
    Mime-Version: 1.0
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    In-Reply-To: <3.0.1.32.19980429094317.009a4950@cwinet.colorworldmt.com>; from Mike Burgard on Wed, Apr 29, 1998 at 09:43:17AM -0600
    Organization: SCO Inc.
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    FYI...

    On Wed, Apr 29, 1998 at 09:43:17AM -0600, Mike Burgard wrote:
     > Date: Wed, 29 Apr 1998 09:43:17 -0600
     > To: Dion Johnson <dionj@sco.com>
     > From: Mike Burgard <mikeb@colorworldmt.com>
     > Subject: Re: $100 source license for Ancient Unix

     > At 10:18 AM 4/28/98 -0700, you wrote:
     > >Mike,
     > >Warren Toomey wrote this little blurb about the $100 Ancient
     > >Unix Source License that we have made available.  He said it would
     > >be OK to publish in SCO World as long as you dont mind if it's
     > >also published elsewhere (specifically in the Australian Unix
     > >User Group publication).
     > >
     > >Looks interesting?
     > Thanks for info. We will put it in the queue and see if we can make it into
     > the magazine.
     >
     > Michael J. Burgard
     > General Manager
     > Color World Printers
     >
     > Editor-in-Chief
     > SCO WORLD Magazine

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Message-ID: <19980506153307.25417@sco.com>
    Date: Wed, 6 May 1998 15:33:07 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: license is here!
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    Your license just arrived.  It gets the **** AU-0 ***** license
    number.  I will send you this batch of licenses in a day or two
    as soon as Mona gets the copies made.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/05/11
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    Message-ID: <19980511104119.30088@sco.com>
    Date: Mon, 11 May 1998 10:41:19 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: license is here!
    References: <19980506153307.25417@sco.com> <199805100759.RAA02045@henry.cs.adfa.oz.au>
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    Tasmania!  Wow that sounds exotic.  I'm going to go look at my
    atlas and see where it is.  I looked it up once years ago but
    forgot.  Did you see a Tasmanian devil?

    On another topic:

    My mail services people are now telling me they need
    to know your "postal code", which would be whatever is
    equivalent to what we call a ZIP code.

    Maybe you dont have such things there.  Or maybe
    the string "ACT. 2600" is your postal code?

    This is how I have your address:

    	Warren K. Toomey
    	School of Computer Science, ADFA.
    	Northcott drive, Canberra. ACT. 2600
    	AUSTRALIA

    	Work Phone (GMT +10):	+61 2 6268 8050

    Sorry for this stupid question, but if you can help
    me understand your address, I will incur the good graces
    of our international mail dept.

    Thanks!
    -Dion

    On Sun, May 10, 1998 at 05:59:03PM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: license is here!
     > To: Dion Johnson <dionj@sco.com>
     > Date: Sun, 10 May 1998 17:59:03 +1000 (EST)

     > In article by Dion Johnson:
     > > Your license just arrived.  It gets the **** AU-0 ***** license
     > > number.  I will send you this batch of licenses in a day or two
     > > as soon as Mona gets the copies made.
     > > -Dion
     >
     > Thanks Dion, thanks Mona :-)
     >
     > Back from Tasmania, had a lovely time.
     > Cheers,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/05/12
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    From: Warren Toomey <wkt>
    Message-Id: <199805112317.JAA03932@henry.cs.adfa.oz.au>
    Subject: Re: license is here!
    To: dionj@sco.COM (Dion Johnson)
    Date: Tue, 12 May 1998 09:17:29 +1000 (EST)
    Cc: wkt (Warren Toomey)
    In-Reply-To: <19980511104119.30088@sco.com> from Dion Johnson at "May 11, 98 10:41:19 am"
    Reply-To: wkt@cs.adfa.oz.au
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    In article by Dion Johnson:
    > Tasmania!  Wow that sounds exotic.  I'm going to go look at my
    > atlas and see where it is.  I looked it up once years ago but
    > forgot.  Did you see a Tasmanian devil?

    Hi Dion. Tasmania is the large island state at the bottom of the Australian
    mainland, and it's probably 200km across in most directions. Weather was
    cool to warm: 10'C to 17'C. We stayed in the state's capital, Hobart, for
    3 nights. First day we travelled south through rainforest & went through some
    caves & visited a thermal pool. Second day we trvelled north-east along the
    coastline, which is drier and windswept. The last day we went to Port Arthur,
    which was a prison from 1830 to 1880. We had a great time.

    > My mail services people are now telling me they need
    > to know your "postal code", which would be whatever is
    > equivalent to what we call a ZIP code.

    That's 2600. We call them postcodes. The bit before that is the state's
    identifier, ACT.

    > 	Warren K. Toomey
    > 	School of Computer Science, ADFA.	[dept, institution]
    > 	Northcott drive, Canberra. ACT. 2600	[street, city, state, zip code]
    > 	AUSTRALIA				[country]
    >
    > 	Work Phone (GMT +10):	+61 2 6268 8050

    That all looks good, Dion. My fax number is +61 2 6268 8581. You're
    free to fax me any new licenses if it would save SCO time & money.

    > Sorry for this stupid question, but if you can help
    > me understand your address, I will incur the good graces
    > of our international mail dept.

    I hope I've helped. Thanks again,

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/05/13
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    Message-ID: <19980513111913.47135@sco.com>
    Date: Wed, 13 May 1998 11:19:13 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Cc: brianz@sco.COM, caroleh@sco.COM
    Subject: Re: Stats
    References: <199805130336.NAA05614@henry.cs.adfa.oz.au>
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    Very interesting.
    So far, 41 licenses signed here and sent to you.

    I wonder if we could get a quotable quote from Dennis about
    the goodness of this...  our PR folks would really be
    tickled.  Should I ask him?

    We are getting a  few complaints about the $100 fee.  We may
    create a "scholarship" deal for students etc.  I will
    keep you informed.
    -Dion

    On Wed, May 13, 1998 at 01:36:56PM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Hi Dion, I meant to pass on some stats in my last email to you, but I got
     > distracted by the holiday description. I don't know if the stats can be used
     > to mollify the powers that be :-)
     >
     > 90 people subscribed to the PUPS mailing list. Between 1 and 3 new
     > 	subscribers a week.
     > 27 people with SCO Ancient UNIX licenses (more coming).
     > 30 people with access to the on-line PUPS Archive. Some people have
     > 	previous UNIX source licenses. Some people (e.g Dennis Ritchie)
     > 	just have a natural right :-)
     > 15 volunteers prepared to burn CDs, tapes or do other useful things.
     > 6 or so CDs written by the PUPS volunteers and distributed so far.
     > 520 Megs of stuff in the PUPS Archive. There's more, which can't be
     > 	distributed for various reasons, mainly copyright or licensing.
     >
     > Cheers,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/06/15
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    Message-ID: <19980615102933.45892@sco.com>
    Date: Mon, 15 Jun 1998 10:29:33 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: source code availability
    Mime-Version: 1.0
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    One of my friends here showed me your article in login.
    Thanks for your kinds words.  Our legal folks have finally
    begun to see it all with some humor.  The VP head of Legal
    division wants to collaborate on a practical joke on
    his staff wherein I will propose another new source
    code license that will be totally outrageous... and see how
    far it gets before they realize they've been had.

    One thing you mentioned in the article stimulated my
    memory of old days at IBM.  You said that "having full
    source code to any OS was unheard of."  Interestingly,
    in the old days, IBM used to provide full source
    code to MVS (and other products) to customers.  This
    was ca 1966-1970.  They distributed the source as
    assembly listings of the OS build, on tape.  So you
    could indeed have the source code to a (arguably)
    useful OS.  I _think_ that this is how Amdahl and others
    got the source code to create their rival versions of
    IBM's systems.

    I also recall that around 1970, IBM changed the model, or
    maybe realized that software was going to be a product,
    not something that came for free with the hardware, and
    they stopped providing source and unbundled the OS from
    the hardware.

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/06/15
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    Message-ID: <19980615160627.14717@sco.com>
    Date: Mon, 15 Jun 1998 16:06:27 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: source code availability
    References: <19980615102933.45892@sco.com> <199806152241.IAA13121@henry.cs.adfa.oz.au>
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    On Tue, Jun 16, 1998 at 08:41:25AM +1000, Warren Toomey wrote:
     > In article by Dion Johnson:
     > > One of my friends here showed me your article in login.
     > > Thanks for your kinds words.  Our legal folks have finally
     > > begun to see it all with some humor.  The VP head of Legal
     > > division wants to collaborate on a practical joke on
     > > his staff wherein I will propose another new source
     > > code license that will be totally outrageous... and see how
     > > far it gets before they realize they've been had.
     >
     > I can think of a few 8-)
     >
     > 	+ Too much admin hassle for the $100 fee, just make the
     > 	  ancient UNIX licenses freely available.
     > 	+ Add SysV (any flavour) to the license.
     > 	+ Ask Microsoft if they would release the old versions of Xenix.
     >
     > > One thing you mentioned in the article stimulated my
     > > memory of old days at IBM.  You said that "having full
     > > source code to any OS was unheard of."  Interestingly,
     > > in the old days, IBM used to provide full source
     > > code to MVS (and other products) to customers.  This
     > > was ca 1966-1970.  They distributed the source as
     > > assembly listings of the OS build, on tape.  So you
     > > could indeed have the source code to a (arguably)
     > > useful OS.  I _think_ that this is how Amdahl and others
     > > got the source code to create their rival versions of
     > > IBM's systems.
     >
     > Ah, I didn't know that. I assumed that companies didn't do this.
     > On the other hand, the code wasn't useful unless you were leasing
     > a machine from IBM, unless IBM were selling computers by that stage.

    IBM was both selling and leasing back then.  The lease prices were
    so high that it was about a tossup for customers to choose between
    leasing for 3 years or purchase with 5-yr depreciation.  Of course,
    the machines usually needed to be upgraded every 2-3 years.   I
    dont recall the exact accounting calculations involved, but I
    expect IBM made it just about equally painful either way.

    This new groundswell of sentiment against Microsoft has much in
    common with the industry feelings toward IBM back then.... the
    difference being that in the 60s-70s, IBM really did provide
    a price "umbrella" that kept a lot of other little companies
    alive, whereas Microsoft is not so benevolent.

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Mon, 29 Jun 1998 09:07:54 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@henry.cs.adfa.oz.au
    Subject: licenses 46-51
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    I am sending you licenses AU-46 - AU-51 today.

    I will probably have another bunch in a couple
    weeks.  I will be away from 7/10-7/22, FYI.

    Winter greetings.  Is it cold there this time
    of year?  It's been the coolest June here in
    years, maybe ever - due to the El Nino, apparently.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 30 Jun 1998 08:58:12 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: licenses 46-51
    References: <19980629090754.44399@sco.com> <199806292310.JAA00284@henry.cs.adfa.oz.au>
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    On Tue, Jun 30, 1998 at 09:10:33AM +1000, Warren Toomey wrote:
     > > Winter greetings.  Is it cold there this time
     > > of year?  It's been the coolest June here in
     > > years, maybe ever - due to the El Nino, apparently.
     >
     > We had a long, warm, dry autumn (i.e fall) right through May and into June,
     > which is very unusual. Definitely El Nino. However, the rains hit about
     > 3 weeks ago, and now we're getting the usual Canberra winter weather:
     > drizzle, frosts, fog until noon, and temperatures around 10'C, or 50'F.

    The US Weather Service says the El Nino is now over. ;-)

    Your winter weather sounds very pleasant, actually.  Not unlike here.

     >
     > I see you guys have been getting some nasty tornados & stuff out in the
     > mid-west. Have a good holiday(?) over July!

    Yes, my folks live in Oklahoma.  But fortunately in an area which does
    not get tornados.  I've always been amazed at the midwesterners who
    express concern about earthquakes in CA, since your average tornado
    in the South kills/destroys more than several major earthquakes.

    As for 4th July, I will spend the weekend packing and getting ready
    to go to Japan where I will be 7/10-21.  Vacation, on concert tour
    with my musician friend Junji Shirota (excellent Irish guitar and
    banjo player).  You like Irish traditional music?

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Wed, 1 Jul 1998 09:48:24 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au, Michael Sokolov <msokolov@blackwidow.soml.cwru.edu>
    Subject: Re: Proving the license
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    I will pester the legal folks in NJ to see if they can locate anything.

    On Wed, Jul 01, 1998 at 12:24:02PM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: Proving the license
     > To: Michael Sokolov <msokolov@blackwidow.soml.cwru.edu>
     > Date: Wed, 1 Jul 1998 12:24:02 +1000 (EST)
     > Cc: Dion Johnson <dionj@sco.com>
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > In article by Michael Sokolov:
     > >    Dear Warren,
     > >    My name is Michael Sokolov, and I'm from Case Western Reserve University
     > > (CWRU), that's in Cleveland, OH, USA. I have plans to do great and
     > > wonderful things with Ritchie/Thompson/Kernighan/Berkeley UNIX(R) for PDP-
     > > 11s and VAXen. (Things like making the Berkeley VAX version run on every
     > > VAX from 11/780 to 10000, just like VMS.) Obviously, we (CWRU) have a
     > > UNIX(R) source license for the entire campus. It's a real Bell Labs / AT&T
     > > / Western Electric one, not the SCO "ancient" thing. The tricky part is,
     > > how do I go about proving this so that I can get FTP access to the PUPS
     > > archive? Locating the original license agreement would be next to
     > > impossible, since the people who have made it are long gone and things have
     > > probably been reorganized, restructured, and moved at the University 2^32
     > > times since then. In fact, when I called the current guy in the department
     > > that has originally purchased the license, he didn't even know that we have
     > > it!
     >
     > Michael, hmm, a difficult problem. If you can find _any_ paper copy of _any_
     > license (7th Ed, 32V, System III, System V), then that would be wonderful.
     > You would then be able to fax me the pages with signatures on it.
     >
     > Alternatively, I guess we could ask SCO (who now own the source) to ask
     > their lawyers if they know the details of the old AT&T licenses, particularly
     > to verify if CWRU has a licence.
     >
     > If worse comes to worse, you could buy a new license for US$100 from SCO,
     > and then you could get access.
     >
     > I'm not so keen on giving access even if you can prove you've got the source.
     > However, you might be able to ask SCO to grant you some special consideration
     > in this case.
     >
     > I'll cc this reply to Dion at SCO, who might be able to offer us some advice.
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Wed, 1 Jul 1998 10:50:35 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: licenses 46-51
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    On Wed, Jul 01, 1998 at 09:25:22AM +1000, Warren Toomey wrote:
     >
     > I played bass guitar in a blues band at Uni a long time ago. I also did a bit
     > of classical guitar once too.

    I love classical guitar, always have.

     >Is Irish guitar a solo/duet instrument like
     > classical guitar, or played as part of an ensemble? So what instrument do

    Irish music as I know it is usually 2-5 musicians, pretty lively tempo,
    reels, jigs, etc. very perky music.  Junji plays at an Irish pub in
    San Francisco every week, plus quite a few other gigs here and there.
    We had a concert here in Santa Cruz, but attendance was poor due to
    my bad job of promoting/advertising.

    In Japan, he's pretty well known.  His band has made several CD's now.
    He also plays in a couple of other bands from time to time, Bluegrass
    and also Japanese Pop stuff. He's very versatile.  Interestingly, I also
    have been written up in some of the fan magazines because I'm his
    friend - been characterized as some kind of eccentric, old, mountain
    hippie rich guy.  What a laugh.

     > you play?!

    I play banjo, and guitar a little, but very badly.  Mostly, I am
    just a "friend of the band".  They are very gracious about
    letting me sit in, but I really need to practice more to feel OK
    about it.  ;-) At least I help them with contract matters.
    Applying my software legal skills to the music business is an
    interesting excercise.

    I like Japan a lot - the people are nice and the country seems to
    be operating well - everything works.  When you go in to a
    business, they take you seriously and are polite, not like many
    American businesses.  I slightly, in my fantasies, have
    considered seeking a nice Japanese woman for a wife, if I could
    find one that would have me.  At least I have a hot tub (we call
    it a spa in CA) - goes over pretty well with Japanese visitors at
    my place.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: msokolov@blackwidow.SOML.CWRU.Edu (Michael Sokolov)
    Message-Id: <9807020114.AA12804@blackwidow.SOML.CWRU.Edu>
    To: dionj@sco.com
    Subject: Re: CWRU Unix source license from ATT/Bell/USL days
    Cc: hbh@hal.epbi.cwru.edu, wkt@cs.adfa.oz.au
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       Dear Dion,

       You wrote:
    > Case Western Reserve University has a source code license for UNIX System
    > V Release 3.2 (E-SOFT-00160) executed Sept. 15, 1989.o
    >
    > I am getting a copy of this sent to me.

       GREAT! SVR3.2!!! Dion, sometimes I just don't know how to thank you
    enough. Sometimes you can do miracles!

    > Michael, pls let me know your postal address or fax # where I
    > can send you a copy of this.

       I think it would be best to snail it to my office address below. We have
    a fax machine, but its output is usually illegible. As soon as I get it,
    I'll give copies to all interested parties at CWRU, including Herb
    Hamilton, the current guy in the department that has purchased the original
    license (I'm Cc'ing this to him). I would also appreciate it if you could
    send another copy directly to Warren to speed up the process (I have all
    hardware ready to go, just waiting for the software).

       Sincerely,
       Michael Sokolov
       Phone: 216-368-6888 (Office) 440-449-0299 (Home) 216-217-2579 (Cellular)
       ARPA Internet SMTP mail: msokolov@blackwidow.cwru.edu
       Snail mail (office):
    Michael Sokolov, Olin 411
    Computer Engineering and Science
    Case Western Reserve University
    10900 Euclid Avenue
    Cleveland, OH  44106

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: msokolov@blackwidow.SOML.CWRU.Edu (Michael Sokolov)
    Message-Id: <9807010458.AA12209@blackwidow.SOML.CWRU.Edu>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Proving the license
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       Dear Warren,

       You wrote:
    > Michael, hmm, a difficult problem. If you can find _any_ paper copy of
    > _any_ license (7th Ed, 32V, System III, System V), then that would be
    > wonderful. You would then be able to fax me the pages with signatures on
    > it.

       Well, I'm not giving up on this yet. The guy keeps saying that he is
    asking around.

    > Alternatively, I guess we could ask SCO (who now own the source) to ask
    > their lawyers if they know the details of the old AT&T licenses,
    > particularly to verify if CWRU has a licence.

       This is pretty much what I was considering as a backup plan if the guy
    doesn't find anything.

    > If worse comes to worse, you could buy a new license for US$100 from SCO,
    > and then you could get access.

       I would have no problem with this if I were doing it for myself, but
    this is really a University project, not a personal one. (That's what
    allows me to use hardware officially donated to the University, house it in
    the University's space, and feed its hungry 19" disk drives with the
    University's power.) The University obviously can't justify buying a new
    license just because they have misplaced the paperwork for the existing
    one. Can I buy it personally? Well, I don't think the University would mind
    accepting a donation from one of its employees, but I don't think the
    license is even transferable in this way.

       Also consider that there is a high probability that our license covers
    System V, and I would certainly love to be able to play legally with the
    sources for, say, SunOS and Solaris (which we appear to have somewhere).

       [Hi, Dion! I know this is hard to believe, but I still haven't been able
    to get the people at UC Berkeley to even send me a copy of the license they
    require people to sign. They are un-cooperative beyond belief. Anyway,
    Warren's group is already freely sharing 2.xBSD tapes among AT&T and SCO
    licensees, and I see absolutely no reason for 4.xBSD to be different. I
    guess what we need to do is to convince the people with copies of the
    different 4.xBSD tapes (I know a few) to contribute them to the PUPS
    archive. I'm certainly willing to contribute the 4.3BSD tapes I have
    stumbled across a couple of weeks ago! If we get all 4.xBSD tapes in the
    PUPS archive, UC Berkeley's a**holes will never collect another $2400
    "distribution fee"!]

       Sincerely,
       Michael Sokolov
       Phone: 216-368-6888 (Office) 440-449-0299 (Home) 216-217-2579 (Cellular)
       ARPA Internet SMTP mail: msokolov@blackwidow.cwru.edu

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Thu, 2 Jul 1998 08:28:26 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Proving the license
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    Well, of course we do.  But people work on what makes money
    first, and they do the tidying up later (which of course
    means never).  I have never seen the NJ archives but I
    can imagine there are closets full of ancient stuff.

    We inherited some thousands of contracts when we bought
    the Unix stuff from Novell.  No one has ever gone through
    them all...

    On Thu, Jul 02, 1998 at 09:24:45AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: Proving the license
     > To: Dion Johnson <dionj@sco.com>
     > Date: Thu, 2 Jul 1998 09:24:45 +1000 (EST)

     > In article by Dion Johnson:
     > > I will pester the legal folks in NJ to see if they can locate anything.
     >
     > Thanks Dion. You guys really need a canonical list of old AT&T source
     > licenses.
     >
     > Ciao,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: licenses 46-51
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     > > Junji plays at an Irish pub in San Francisco every week, plus quite a
     > > few other gigs here and there.
     > > In Japan, he's pretty well known.  His band has made several CD's now.
     > > He also plays in a couple of other bands from time to time, Bluegrass
     > > and also Japanese Pop stuff. He's very versatile.  Interestingly, I also
     > > have been written up in some of the fan magazines because I'm his
     > > friend - been characterized as some kind of eccentric, old, mountain
     > > hippie rich guy.  What a laugh.
     >
     > I love e-mail, it's so wonderful. I have no visual mind-image of you, so
     > I can't even start to work out how to put that description of you into
     > context.

    You can see a pic of me at www.scruznet.net/~dionj
    It's a pathetic web page so far, but I will be working on it.

     > > I like Japan a lot - the people are nice and the country seems to
     > > be operating well - everything works.  When you go in to a
     > > business, they take you seriously and are polite, not like many
     > > American businesses.  I slightly, in my fantasies, have
     > > considered seeking a nice Japanese woman for a wife, if I could
     > > find one that would have me.  At least I have a hot tub (we call
     > > it a spa in CA) - goes over pretty well with Japanese visitors at
     > > my place.
     >
     > The asian downturn is hitting them pretty badly, and the social implications
     > are tougher as the men are the traditional breadwinners. We haven't copped
     > things so hard yet (although the Oz dollar dropped badly last week), but
     > the asian economies do influence our own. I haven't been to Japan yet, I
     > understand they smoke more [then Australians smoke].

    They smoke a lot, and drink a lot too.  But you dont see too many people
    who are overweight, as you do here.  Californians have become rabidly
    anti-smoking, but it's much more tolerated on the East Coast.

     > We have spas here too, but I think the spa culture is different. Ours are
     > for private use by individuals, partners and families in the privacy of
     > their own home. From what I understand, CA spas are more communal.

    My spa is outside, with a lovely view of the Glenwood valley.  No neighbors
    anywhere near, so it's comfy.  I rarely use it with more than one
    additional person. ;-)  But it can easily hold 4 people, or up to
    8 if they are friendly.

    In Japan, having your own hot tub is a bit of a luxury for many people.
    The public communal tubs are usually segregated, although not all.
    Also, I find the Japanese heat their tubs way hotter than I can stand!

     > Best of luck with the trip. Would you consider moving to Japan if you
     > found the love of your life there, or is it more a fantasy than a
     > possibility?!

    I could easily imagine living/working in Japan for a year or two, but
    I'd miss my home in CA after a while.  I've lived in my house for 30
    years and it's full of toys, tools, memories, etc

    In any case, I'd assume a Japanese wife would obediently want to go
    to wherever I live.  Japanese women are wonderfully unliberated.
    Not that I am a total chauvinist pig - I am not - but I do appreciate
    cooperation.

    In any case, it's not likely to happen.  But it is, as you suggest,
    a fun fantasy.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Thu, 2 Jul 1998 15:09:02 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: licenses 46-51
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    Yes, I saw your pic on the front of the ;login article.

    I am not really a religious zealot about MS.  I hate them
    but not enough to let it spoil my fun.  The fact is, many of
    the toys I want to play with are supported in Windows (my digital
    camera, scanners, dye-sub printer, via voice.... the list goes
    on and on.  I might get this stuff running under UNIX but it
    would be a hassle.  Windows works tolerably well for me, doesnt
    crash very much at all.  Also, many interesting softwares are
    available on Windows that dont exist on UNIX.

    My other machine, where I read Usenet, runs DOS!  (because the
    old fashioned dial-up ASCII/TTY protocol is much smoother for
    interactive use than trying to use TCP/IP for text).

    I have used OpenServer at home, and am thinking about installing
    it again.  I also tried NT but too many of the Windows apps
    dont work under NT, and again there is the issue of support
    for lots of devices.

    On the other hand, it would be more kosher for me to have
    a UNIX screen showing in my pic. ;-)  I will consider that.
    -Dion

    On Fri, Jul 03, 1998 at 07:58:07AM +1000, Warren Toomey wrote:
     > I'm at http://minnie.cs.adfa.oz.au/warren.html
     >
     > I haven't told most people yet that I am too young to have ever played with
     > the PDP-11 versions of Unix. I was 13 when V7 came out :-)
     >
     > I'm surprised you let yourself be photographed with a computer running
     > the Devil's operating system. I was expecting to see an X interface!
     >
     > Ciao,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Thu, 2 Jul 98 20:55:28 -0400
    From: msokolov@blackwidow.SOML.CWRU.Edu (Michael Sokolov)
    Message-Id: <9807030055.AA13490@blackwidow.SOML.CWRU.Edu>
    To: dionj@sco.com
    Subject: Re: CWRU Unix source license from ATT/Bell/USL days
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       Dear Dion,

       You wrote:
    > Good news - I just got your license.
    > I'm sending it by USPS.

       Thanks!

       Since Warren has CWRU in his database already, I guess there is no need
    to send a paper copy to him any more. [Warren, please tell Dion if this is
    wrong.]

       Sincerely,
       Michael Sokolov
       Phone: 216-368-6888 (Office) 440-449-0299 (Home) 216-217-2579 (Cellular)
       ARPA Internet SMTP mail: msokolov@blackwidow.cwru.edu

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
    Message-Id: <199807020125.LAA03475@henry.cs.adfa.oz.au>
    Subject: Re: CWRU Unix source license from ATT/Bell/USL days
    To: msokolov@blackwidow.SOML.CWRU.Edu (Michael Sokolov)
    Date: Thu, 2 Jul 1998 11:25:42 +1000 (EST)
    Cc: dionj@sco.com, hbh@hal.epbi.cwru.edu, wkt@cs.adfa.oz.au
    In-Reply-To: <9807020114.AA12804@blackwidow.SOML.CWRU.Edu> from Michael Sokolov at "Jul 1, 98 09:14:08 pm"
    Reply-To: wkt@cs.adfa.edu.au
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    In article by Michael Sokolov:
    >    Dear Dion,
    >
    >    You wrote:
    > > Case Western Reserve University has a source code license for UNIX System
    > > V Release 3.2 (E-SOFT-00160) executed Sept. 15, 1989.
    > > I am getting a copy of this sent to me.
    >
    >    GREAT! SVR3.2!!! Dion, sometimes I just don't know how to thank you
    > enough. Sometimes you can do miracles!

    Dion, Michael, on the basis of this e-mail, I'm prepared to grant Michael
    password protected ftp access to the PUPS Archive. Dion, let me know if
    there's a problem. Michael, do you have a PGP key, so I can mail you the
    access details in a reasonably secure manner. I can't accept the key via
    e-mail (too easy to forge), but if it is up on a web server or PGP key
    server, that would be great.

    Thanks,
    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/07/06
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    Message-ID: <19980706105745.15956@sco.com>
    Date: Mon, 6 Jul 1998 10:57:45 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: Got licenses to AU-51
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    I'm not sure if NJ will be sending me a batch of licenses
    this week.  If they do, I will send it along.

    Yes, we spend a lot on DHL but it seems to be the only
    reliable way to send stuff to many countries.

    On Mon, Jul 06, 1998 at 02:01:14PM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Got licenses to AU-51
     > To: Dion Johnson <dionj@sco.com>
     > Date: Mon, 6 Jul 1998 14:01:14 +1000 (EST)

     > Thanks again. Could you ship a copy of Michael Sokolov's old AT&T license
     > in the next batch, just so I've got it on record. You guys must spend a
     > fortune on DHL shipping!
     >
     > Ciao,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/07/23
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    Message-ID: <19980723113119.17523@sco.com>
    Date: Thu, 23 Jul 1998 11:31:19 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: CWRU license
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    I had a good time, but was more tired than I expected.
    Lotsa running around.  Maybe I will write up a trip report,
    so many people are asking.

    On Tue, Jul 21, 1998 at 09:18:17AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: CWRU license
     > To: Dion Johnson <dionj@sco.com>
     > Date: Tue, 21 Jul 1998 09:18:17 +1000 (EST)

     > Hi Dion, got the Case Western Uni license, thanks. How's the Japan tour?
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/08/20
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    Date: Thu, 20 Aug 1998 08:23:50 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: AU-52 to 65!
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    I bet fairly soon.

    I met Peter Salus at SCO Forum this week.  What a nice guy.
    He was most gracious and is talking about doing a book on
    SCO's 20th Anniv which is coming up.  We mentioned the
    ancient Unix source license and talked about your work
    with PUPS, etc.

    We've joined Linux International.  I guess I may be
    SCO's representative, at least initially.

    On Wed, Aug 19, 1998 at 11:49:59AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: AU-52 to 65!
     > To: Dion Johnson <dionj@sco.com>
     > Date: Wed, 19 Aug 1998 11:49:59 +1000 (EST)

     > Got em, Dion! Many thanks again. Wonder if/when we'll hit 100.
     >
     > Ciao,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1998/08/20
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    Message-ID: <19980820170227.33636@sco.com>
    Date: Thu, 20 Aug 1998 17:02:27 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: status of 86open
    Mime-Version: 1.0
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    Here is the blurb that I published to the 86open dev group.
    We just announced at SCO forum that we will indeed support
    Linux application compatibility in UnixWare.  No time fram
    announced.  ALso, we will begin to support selected open-source
    tools (e.g. gcc and related tools).
    -Dion

    Bulletin on status of 86open at SCO
    -----------------------------------
    As we see it, the 86open activity is a research project,
    conceived in a single meeting and with some ensuing email
    discussions.  It is not a _product_ plan; it is a technical
    feasibility exploration.  It does not necessarily have an end,
    and it may yet happen.

    There are other ways of obtaining interoperability of binaries,
    as we also discussed at the original meeting.  When we first
    discussed it, we acknowledged that emulation was one way that was
    known to work.  As we understood it, there was a consensus that
    we already have emulation that works.  This is not interesting.
    The interesting idea that Linus put forth was a research proposal
    for a universal, reference C library with a minimal set of
    functions that everyone could build; certainly not guaranteed to
    work, and we did not know if it was feasible.  But it _was_
    interesting to the audience, so we - the whole group - decided to
    spend a little time on it.

    As time went by, the engineers at SCO who chose to work on this
    found it was harder than expected and we had to admit we either
    (1) needed help, or (2) would stop spending time on it.  Partly
    due to other pressing issues, #2 happened first.  There still may
    be work done on the idea of a portable, minimal reference libc
    port, but it's not moving forward at SCO right now.

    Also, and partly as result of the 86open discussions and
    activities, SCO has come to believe that we really need to be
    able to run Linux binaries in the near future.  Knowing that the
    emulation scheme works to around 90% success, maybe better, we
    are now choosing to invest in making that scheme work.

    Some of our engineers may yet return to the original libc
    project, or they may not.  They are volunteers and make their own
    choices, but SCO is not going to put company time/money into that
    project at this time, except to the extent that we are happy to
    provide SCO software to anyone who wants to experiment.

    In the coming months, SCO will be improving the capabilities of
    the lxrun emulator.

    -Dion L. Johnson II
    SCO

    On Fri, Aug 21, 1998 at 07:55:16AM +1000, Warren Toomey wrote:
     >
     > What happened to that i386 Unix binary standardisation group/forum/thingy
     > that was announced last year? I think I saw that you were on it.
     >
     > Cheers again!
     >
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Sat, 22 Aug 1998 08:56:53 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: status of 86open
    References: <19980820170227.33636@sco.com> <199808210116.LAA16201@henry.cs.adfa.oz.au>
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    On Fri, Aug 21, 1998 at 11:16:33AM +1000, Warren Toomey wrote:
     > From: Warren Toomey <wkt@henry.cs.adfa.oz.au>
     > Subject: Re: status of 86open
     > To: Dion Johnson <dionj@sco.com>
     > Date: Fri, 21 Aug 1998 11:16:33 +1000 (EST)
     > X-Mailer: ELM [version 2.4ME+ PL22 (25)]

     > In article by Dion Johnson:
     > > Here is the blurb that I published to the 86open dev group.
     > > We just announced at SCO forum that we will indeed support
     > > Linux application compatibility in UnixWare.  No time fram
     > > announced.  ALso, we will begin to support selected open-source
     > > tools (e.g. gcc and related tools).
     > > -Dion
     >
     > I'd have to say about time on the GNU/open source tools. In the
     > sense that you should provide the GNU people with patches to get
     > the tools working, not dial-up support to SCO users.

    We've been porting GNU stuff for several years.  It's released on
    our "Skunkware" CD.  Of course, the guys who do the ports reflect
    porting info/patches back to the authors.  Robert Lipe (EGCS) is
    one of our best contributors.

     >
     > On the 86open front, I guess I'd like a standard that wasn't vendor-specific.
     > I'd like Linux to `bend' a little to meet the standard, just as all the
     > other vendors like FreeBSD and SCO would have to, as well.

    Any standard we pick will have some vendor origin.  We (all of us) seem
    to be heading toward a scheme where the kernel will recognize the
    binaries and do appropriate emulation for each type.

     >
     > Thanks for the blurb, though. I'm glad it hasn't died out yet.

    Lots of activity around Linux right now.  We have a bunch of Linux
    people wanting to meet with SCO and see how we can work together.
    It's a delicate situation since Linux is indeed a competitor to
    us, but also we are all Unix and need to stand united. More
    will be revealed. ;-)
    -Dion
     >
     > Cheers,
     > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Fri, 25 Sep 1998 07:44:15 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: AU-76
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    Thanks Warren.
    More licenses coming in a few days.

    Santa Cruz is on the coast, about 400 miles North of the LA
    area.  It's an easy plane ride from Burbank to San Jose,
    then about 45 mins by car from San Jose to here.   There
    isnt really much to see here (except the Aquarium in Monterey
    is pretty nice, and of course San Francisco (60 miles North)
    has many attractions.

    On Fri, Sep 25, 1998 at 11:19:26AM +1000, Warren Toomey wrote:
    > Dion, got AU-74 to -76, thanks. Where in the US are you? I might be over there
    > in January, and will be trying to at least get to Burbank, CA to catch up with
    > Steven Schultz. If you're relatively close, I might try to pop in & see you
    > too.
    >
    > Cheers,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Wed, 7 Oct 1998 13:33:59 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: AU-77 to AU-82
    References: <199810070354.NAA21681@henry.cs.adfa.oz.au>
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    I have a few more coming to you soon.

    Ordinarily, Sept-Oct are very nice months here, but last month we
    have had very cold, very hot, rain, and inbetween... all in the
    last month.   Today it's pleasant about 23 Centigrade.  Typically,
    the temp at the coast stays nicest, with more heat/cold as you
    move inland.  Here at SCO, we are about 1 mile from the ocean,
    so it's usually quite nice.  Where I live, just 10 miles inland,
    it can easily be 10 Deg.F. cooler or hotter.  My place is in
    redwood forest, at 1150 ft. altitude. in the Santa Cruz Mtns.

    This "El Nino" thing was quite a strange year.  We had people
    catching Mahi Mahi around here, and other tropical fish.
    The ocean got 10 Deg.F warmer than usual (up to 65 F.) so
    it was warm enough to swim with no wetsuit!  Now we are
    said to be in a "La Nina" which will also bring strange
    weather.  I just signed up with a contractor to put a new
    roof on my house.  Hope he gets on it before it starts
    raining too much...
    -Dion

    On Wed, Oct 07, 1998 at 01:54:32PM +1000, Warren Toomey wrote:
    > Hi Dion, I've just received AU-77 to AU-82. We should reach AU-100 sometime
    > next year! Hope things are well over there, it must be getting cooler. It's
    > early spring here, but we had a +10'C above normal day last week, that's
    > a +18'F day. Lovely!
    >
    > Cheers,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Wed, 7 Oct 1998 16:16:51 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: AU-77 to AU-82
    References: <19981007133359.43575@sco.com> <199810072309.JAA22830@henry.cs.adfa.oz.au>
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    On Thu, Oct 08, 1998 at 09:09:47AM +1000, Warren Toomey wrote:
    >
    > Good luck with the roof. We just had a long weekend, and my partner & I
    > went off to a wedding, and then on to do a bit of touring around the state
    > of NSW. Round trip was about 1200 km, just over 800mi. Towns in country NSW
    > are typically separated by 60km distance. Are the desert areas in the US
    > much the same?
    > 	Warren

    Wow, sounds great.  Do you ever get to the opal mining areas?

    Yes there are many parts of USA where population is very thin.  The high
    desert areas of Nevada, Utah are good examples.  You see it very clearly
    from the air... miles and miles of rocky badlands.  There are also
    some areas in Arizone, New Mexico, and Montana that are similar.

    Even better examples in Canada, but it's not desert, although the
    Arctic and Subarctic Tundra is like a desert in some ways.

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Re: AU-83 to -87
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    On Mon, Oct 26, 1998 at 11:50:14AM +1100, Warren Toomey wrote:
    > Hi Dion, SCO licenses AU-83 to -87 have arrived. End of 2nd semester Uni here
    > so I'm more relaxed! How's things over there?
    >
    > 	Warren

    Things are quiet for me.  Just got back from vacation in Oklahoma to
    visit my folks.  Had a nice time.  My dad's 87 but still pretty active.
    We went shooting (clay pigeons, and pheasants) a couple times.

    I'm still trying to understand SCO's new deal with IBM, this "Monterey"
    project... new 64-bit OS for AIX and UnixWare.  Looks like a major
    good deal for SCO.

    Our weather has been cool and pleasant. Winter rains not really started
    up yet.

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    To: wkt@cs.adfa.oz.au, Dion Johnson <dionj@sco.COM>
    From: David Eyes <davidey@sco.COM>
    Subject: Re: Q. Status of Net/2?
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    Warren:

    Just saying howdy and echoing your wish for Dion to stay actively in the
    loop.  He's dripping with all kinds of info about the arcana of such Unix
    historicalisms such as you describe that I think we would be somewhat lost
    without him.  As far as the 'ancient Unix source code' side of things goes,
    I think my primary role (to date) any way as the 'free guy' has been to
    relieve Dion of some of the tedium of processing the licenses.

    Thanks for your good wishes.

    At 10:21 AM 11/24/98 +1100, Warren Toomey wrote:
    >In article by Dion Johnson:
    >> I dont think I know what is the Net/2 tape from UCB. ;-)
    >
    >Ok. Back in the 80's when UCB was doing the TCP/IP software for BSD,
    >they released a tape called net/1 which only had the modifications to the
    >kernel for the TCP/IP stuff, plus the user-level network applications.
    >They gave it away to anybody, no src license was required.
    >
    >Around 1991, they again released a tape. This time it was called the
    >net/2 tape. This time, it contained complete (or partial) files
    >from /usr/src/sys (i.e the BSD kernel).
    >
    >At the end of the USL vs UCB dispute, UCB agreed to stop distributing
    >the Net/2 tape because it was `contaminated', and they were then
    >permitted to distribute 4.4-BSD-Lite.
    >
    >Anyway, that's the situation. I could knock up a more detailed review of
    >the situation over the next few days for you.
    >
    >> Finally, let me introduce you to my friend David Eyes.
    >> David is taking over the management and marketing of
    >> SCO's "free stuff".   I will continue to help him
    >> as emeritus former manager, for a while.
    >> -Dion
    >
    >Ah, don't go Dion, you've been so helpful! I'm sure David will do a fine
    >job too. Have you filled David in on the PUPS group and our archive?
    >David, I'm part of a group of people trying to preserve the history of
    >UNIX. Give me a yell if I can help explain what we're doing.
    >
    >Thanks to you both,
    >
    >	Warren
    >
    --

    David Eyes

    Marketing Manager
    Free Unix and Open Source Software

    831-427-7532 (voice)
    831-427-5472 (fax)

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Mon, 23 Nov 1998 15:08:12 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Cc: David Eyes <davidey@sco.COM>, tisam@sco.COM
    Subject: Re: Q. Status of Net/2?
    References: <199811232228.JAA03356@henry.cs.adfa.oz.au>
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    I dont think I know what is the Net/2 tape from UCB. ;-)
    If it's that "BSD Unix that requires an AT&T source
    license" then all I know is what I learned indirectly
    from our friend Sokolov at CWRU.  (You recall that
    thread?)

    You say that UCB "agreed" to stop distributing that
    tape.  Agreed with whom?    Who asked them to stop?

    Who is saying that there is no source license
    needed?  Do they really know this, or is it just
    wishful thinking?

    SCO doesnt like to sue people and we rarely do it.
    We do it when there are significant revenues to
    be gained or lost.

    Like I said, we'd need to know what's on this net/2 tape
    in order to discuss much further.

    Finally, let me introduce you to my friend David Eyes.
    David is taking over the management and marketing of
    SCO's "free stuff".   I will continue to help him
    as emeritus former manager, for a while.
    -Dion

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Manager of Developer Architecture and Technical customers'advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 831-427-5417  Voice: 831-427-7565

    On Tue, Nov 24, 1998 at 09:28:10AM +1100, Warren Toomey wrote:
    > Hi Dion,
    >
    > 	I've got a nasty political/legal question for you. What is SCO's
    > present stance on the Net/2 tape from UCB? I know that UCB agreed to stop
    > distributing the tape. Would this agreement stop 3rd parties from distributing
    > the tape? And it someone did distribute the Net/2 tape, would SCO be even
    > remotely likely to sue them?!
    >
    > I've been offered a copy to add to the growing collection of old UNIX
    > stuff here in the PUPS Archive, and some people are saying that a source
    > license isn't required for the Net/2 tape. I just want to cover my butt.
    >
    > Many thanks in advance for an answer! Hope you're well over there.
    > Catch you 'round,
    >
    > 	Warren
    >
    >

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Cc: davidey@sco.COM
    Subject: Re: Q. Status of Net/2?
    References: <19981123150812.27410@sco.com> <199811232321.KAA03577@henry.cs.adfa.oz.au>
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    OK, based on this info, I'd conjecture that the Net/2 tape does
    indeed contain some Unix kernel code that is System V.  This
    would not be covered by the Ancient Unix Source License, and I am
    pretty sure we'd not want to freely license whatever system V
    stuff in Net/2 we might have rights to.

    IOW I think you better not make copies of Net/2. ;-)
    -Dion

    On Tue, Nov 24, 1998 at 10:21:51AM +1100, Warren Toomey wrote:
    > In article by Dion Johnson:
    > > I dont think I know what is the Net/2 tape from UCB. ;-)
    >
    > Ok. Back in the 80's when UCB was doing the TCP/IP software for BSD,
    > they released a tape called net/1 which only had the modifications to the
    > kernel for the TCP/IP stuff, plus the user-level network applications.
    > They gave it away to anybody, no src license was required.
    >
    > Around 1991, they again released a tape. This time it was called the
    > net/2 tape. This time, it contained complete (or partial) files
    > from /usr/src/sys (i.e the BSD kernel).
    >
    > At the end of the USL vs UCB dispute, UCB agreed to stop distributing
    > the Net/2 tape because it was `contaminated', and they were then
    > permitted to distribute 4.4-BSD-Lite.
    >
    > Anyway, that's the situation. I could knock up a more detailed review of
    > the situation over the next few days for you.
    >
    > > Finally, let me introduce you to my friend David Eyes.
    > > David is taking over the management and marketing of
    > > SCO's "free stuff".   I will continue to help him
    > > as emeritus former manager, for a while.
    > > -Dion
    >
    > Ah, don't go Dion, you've been so helpful! I'm sure David will do a fine
    > job too. Have you filled David in on the PUPS group and our archive?
    > David, I'm part of a group of people trying to preserve the history of
    > UNIX. Give me a yell if I can help explain what we're doing.
    >
    > Thanks to you both,
    >
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Warren Toomey <wkt>
    Message-Id: <199811232228.JAA03356@henry.cs.adfa.oz.au>
    Subject: Q. Status of Net/2?
    To: dionj@sco.com (Dion Johnson)
    Date: Tue, 24 Nov 1998 09:28:10 +1100 (EST)
    Cc: wkt (Warren Toomey)
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    Hi Dion,

    	I've got a nasty political/legal question for you. What is SCO's
    present stance on the Net/2 tape from UCB? I know that UCB agreed to stop
    distributing the tape. Would this agreement stop 3rd parties from distributing
    the tape? And it someone did distribute the Net/2 tape, would SCO be even
    remotely likely to sue them?!

    I've been offered a copy to add to the growing collection of old UNIX
    stuff here in the PUPS Archive, and some people are saying that a source
    license isn't required for the Net/2 tape. I just want to cover my butt.

    Many thanks in advance for an answer! Hope you're well over there.
    Catch you 'round,

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Fri, 18 Dec 1998 20:22:22 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: David Wood <davidw@sco.COM>
    Cc: wkt@henry.cs.adfa.oz.au
    Subject: Dave to OZ!
    References: <9812181555.aa15466@tahoe.pdev.sco.com>
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    Yow!  What fun. Good on you, Dave!
    I have no idea what are your plans/desires, but if
    you want to visit a very interesting, slightly famous
    Unix geek who might be a good connection down there...
    he's Warren Toomey. Certified Nice Guy and Friend of SCO,
    and he knows the territory.  Ask to see his PDP-11!

     Warren Toomey <wkt@henry.cs.adfa.oz.au>
    	Warren Toomey
    	School of Computer Science, ADFA.
    	Northcott drive, Canberra. ACT. 2600
    	AUSTRALIA

    	Work Phone (GMT +10):	+61 2 6268 8050

    On Fri, Dec 18, 1998 at 03:55:04PM -0800, David Wood wrote:
    >
    > I wanted to say goodbye for a while as I am going on personal leave.
    > First stop is Australia for a few months starting in January
    >
    > My last day is Monday December 21st.
    >
    > See you later.
    >
    > Dave Wood (davidw)
    >

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    To: wkt@cs.adfa.oz.au
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    On Wed, Jan 06, 1999 at 04:03:42PM +1100, Warren Toomey wrote:
    > In article by Dion Johnson:
    > > On Fri, Dec 18, 1998 at 03:55:04PM -0800, David Wood wrote:
    > > > I wanted to say goodbye for a while as I am going on personal leave.
    > > Yow!  What fun. Good on you, Dave!
    > > I have no idea what are your plans/desires, but if
    > > you want to visit a very interesting, slightly famous
    > > Unix geek who might be a good connection down there...
    > > he's Warren Toomey.
    >
    > Hi Dion, hope you had a good Xmas/New Years break. I haven't heard from
    > Dave yet. I also received AUs up to AU-119 just a few days ago.

    He may not have time to drop by.  I have no idea what his plans are.

    >
    > Damn hot here, predicted 37'C here (just under 100'F) today.

    Whoa!  Sounds like Oklahoma in the summer.

    > Catch you again soon,

    My new year is starting off well.   I'm taking some vacation
    in Arizona in a couple weeks to attend the national trapshooting
    finals  (mostly it means to socialize with my folks and various
    other family friends).  It should be nice down there in Tucson
    in the high desert.

    I just got some new Pirellis on the Allante and it would be a
    fun drive, but probably 1.5 days each way - just a bit much.

    I hope your new year is off to a good start.   Are you one of
    the believers that we are already in the new millenium (since
    the first year was zero)?

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Thu, 21 Jan 1999 10:05:40 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Subject: Change of PUPS site
    References: <19981123163801.54878@sco.com> <199811240048.LAA03797@henry.cs.adfa.oz.au>
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    Warren, could you pls resend that notice you sent me the
    other day, about the PUPS site changing?  I bounced it and
    forgot to save a copy.  Thx.

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Wed, 3 Feb 1999 11:31:20 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.oz.au
    Cc: David Eyes <davidey@sco.COM>
    Subject: Sonoma State license question
    References: <19981123163801.54878@sco.com> <199811240048.LAA03797@henry.cs.adfa.oz.au>
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    We have old records that go back as far as late 1970s.  Our legal
    folks in New Jersey scanned the lists and we find no entries for Sonoma
    State.

    Andru is most welcome to obtain the "Ancient Unix Source License" that
    we offer for a nominal fee.    Check at www.sco.com/offers.
    (I seem to have misplaced his email - please forward as you see fit.)

    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Developer Tools and Technical customers'advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 831-427-5417  Voice: 831-427-7565

    > >On Wed, Feb 03, 1999 at 11:23:51AM +1100, Warren Toomey wrote:
    > >> In article by Andru Luvisi:
    > >> > My university once had PDP-11s and, later, AT&T unix machines, and has had
    > >> > a cs department long enough that it may have a source license... alas, no
    > >> > one I have been able to talk to so far remembers.
    > >> >
    > >> > Do you know of anyone at SCO or AT&T I could contact to find out if we
    > >> > have a license?  Would you be able to find out?
    > >> >
    > >> > Andru Luvisi
    > >> > Library Systems Department
    > >> > Sonoma State University
    > >>
    > >> Hi Andru.
    > >>
    > >> Apparently there is no easy way to find out is Sonoma State University
    > >> has a UNIX source license, unless they have kept a paper copy of the
    > >> license. I will ask my contact at SCO if there is any procedure to follow
    > >> which could help track down your university's license, but I expect that
    > >> there is none.
    > >>
    > >> Sorry,
    > >> 	Warren
    > >
    > >
    >

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Mon, 15 Mar 1999 12:45:46 -0800
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.edu.au
    Subject: Re: Legal Question
    References: <199903150952.UAA09007@henry.cs.adfa.edu.au>
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    On Mon, Mar 15, 1999 at 08:52:18PM +1100, Warren Toomey wrote:
    > Hi Dion,
    > 	How's things going? I have a tricky legal question, and I don't
    > know if you/SCO are allowed to answer it, but anyway....

    I will try, but I need more info.  See below.

    >
    > As you know, a lot of software released by UCB in their BSDs in the 80s and
    > 90s was code contributed from elsewhere. Obviously (to us), some of this
    > code was derived from AT&T/USL code, and other things (like the TCP/IP code,
    > the virtual memory, the fast file system, and applications like Sendmail)
    > were not derived from AT&T/USL code at all.
    >
    > Now, I have a couple of contributors to 2.xBSD and 4.xBSD who are annoyed
    > because they are unsure of the legal status of their code. They believe
    > that one of the terms of the UCB/USL agreement is that _all_ BSD releases
    > prior to 4.4-Lite are _wholly_ tainted, and so their own code is now tainted.

    Who has advised them that this tainting exists?

    Do they see ATT or USL copyrights in any of the sources they are
    distributing?  If so, please send me a list of the modules in which
    such copyrights appear, and a few of the sample  headers that show
    date/time/copyright/etc

    > Is there any way that SCO can clear up this legal ambiguity?

    I will see what I can find out.  It's been a long time since I've
    annoyed our legal staff and I am sure they are wondering if I'm OK.

    > What I am asking for is: can these people publicaly release the old
    > versions of their software (which happened to be bundled in the BSDs)
    > without being sued?

    I would say they are quite safe, but that's just my opinion, not an official
    SCO "permission".

    >
    > I know that the details of the UCB/USL agreement are confidential, but
    > this these contributors.

    Garbled transmission above.

    >
    > If you can help in any way, I'd certainly appreciate it!

    See what you can find out from your colleagues, these developers.
    -Dion

    >
    > Many thanks again,
    >
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    	(envelope-from wkt)
    From: Warren Toomey <wkt>
    Message-Id: <199903150952.UAA09007@henry.cs.adfa.edu.au>
    Subject: Legal Question
    To: dionj@sco.com (Dion Johnson)
    Date: Mon, 15 Mar 1999 20:52:18 +1100 (EST)
    Reply-To: wkt@cs.adfa.edu.au
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    Hi Dion,
    	How's things going? I have a tricky legal question, and I don't
    know if you/SCO are allowed to answer it, but anyway....

    As you know, a lot of software released by UCB in their BSDs in the 80s and
    90s was code contributed from elsewhere. Obviously (to us), some of this
    code was derived from AT&T/USL code, and other things (like the TCP/IP code,
    the virtual memory, the fast file system, and applications like Sendmail)
    were not derived from AT&T/USL code at all.

    Now, I have a couple of contributors to 2.xBSD and 4.xBSD who are annoyed
    because they are unsure of the legal status of their code. They believe
    that one of the terms of the UCB/USL agreement is that _all_ BSD releases
    prior to 4.4-Lite are _wholly_ tainted, and so their own code is now tainted.

    Is there any way that SCO can clear up this legal ambiguity?

    What I am asking for is: can these people publicaly release the old
    versions of their software (which happened to be bundled in the BSDs)
    without being sued?

    I know that the details of the UCB/USL agreement are confidential, but
    this these contributors.

    If you can help in any way, I'd certainly appreciate it!

    Many thanks again,

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    	Tue, 16 Mar 1999 09:07:32 +1100 (EST)
    	(envelope-from wkt)
    From: Warren Toomey <wkt>
    Message-Id: <199903152207.JAA10127@henry.cs.adfa.edu.au>
    Subject: Re: Legal Question
    In-Reply-To: <19990315124546.06257@sco.com> from Dion Johnson at "Mar 15, 1999 12:45:46 pm"
    To: dionj@sco.COM (Dion Johnson)
    Date: Tue, 16 Mar 1999 09:07:32 +1100 (EST)
    Reply-To: wkt@cs.adfa.edu.au
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    In article by Dion Johnson:
    > > 	How's things going? I have a tricky legal question, and I don't
    > > know if you/SCO are allowed to answer it, but anyway....
    > I will try, but I need more info.  See below.

    The trickiness in this problem is because some of it can't be revealed.
    Here's the story:

    	UCB brought out the 2nd Networking release (aka Net2) in 1991.
    	This was similar to a normal BSD release (i.e lots of applications,
    	libraries, and kernel code), but UCB believed that they had only
    	released the files not contaminated by AT&T code.

    	In 1992, USL files suit against UCB, alleging that parts of Net2
    	affected their intellectual property rights, and trade secrets.

    	In 1994, the suit was dismissed in an out of court agreement between
    	the two parties. Here is (part of) what was publically released:

            	The settlement restricts further use and distri-
    	    bution of certain files in the Second Networking Release and
    	    requires that certain files in 4.4 BSD-Lite include a USL
    	    copyright notice.  In addition to providing several
    	    enhancements, the new 4.4 BSD-Lite Release will replace most
    	    of the restricted files and incorporates all the agreed-upon
    	    modifications and notices.  Thus, 4.4 BSD-Lite will not
    	    require a license from nor payment of royalties to USL.  The
    	    University strongly recommends that 4.4 BSD-Lite be substi-
    	    tuted for Net2.

            	Although it has denied the University's claims,
    	    USL has also agreed to affix the University's copyright
    	    notice to certain files distributed with future releases of
    	    the UNIX system and to give credit to the University for
    	    material derived from BSD releases which have been included
    	    in the UNIX system.

    Now things get thicker. It is known that both parties signed non-disclosure
    on the actual agreement. This means that the actual list of `restricted'
    Net2 files cannot be released by either party.

    The effect that this has is to prevent anything in Net2: applications,
    libraries, contributed programs, from being publically released, in case
    it contains one of more of the `restricted' Net2 files. Because the list
    of restricted files is unknown, we can't take the risk of using anything
    in Net2.

    > > Now, I have a couple of contributors to 2.xBSD and 4.xBSD who are annoyed
    > > because they are unsure of the legal status of their code. They believe
    > > that one of the terms of the UCB/USL agreement is that _all_ BSD releases
    >> prior to 4.4-Lite are _wholly_ tainted, and so their own code is now tainted.

    The theory goes like this:
    	+ One of my files/programs was released as part of Net2
    	+ I cannot prove that it is free of AT&T code, because I don't
    	  have the list of tainted files.
    	+ All prior and subsequent releases of my files/programs are
    	  thus tarred with the same uncertainty

    > Do they see ATT or USL copyrights in any of the sources they are
    > distributing?  If so, please send me a list of the modules in which
    > such copyrights appear, and a few of the sample  headers that show
    > date/time/copyright/etc

    The problem is that none of the Net2 files had AT&T/USL copyright notices
    on them: UCB thought that they were taint-free. However, the agreement
    marks some of these files as tainted. We just don't know which.

    > > What I am asking for is: can these people publicaly release the old
    > > versions of their software (which happened to be bundled in the BSDs)
    > > without being sued?
    > I would say they are quite safe, but that's just my opinion, not an official
    > SCO "permission".

    > See what you can find out from your colleagues, these developers.
    > -Dion

    The developers are just concerned: they don't know where they stand wrt
    their code.  I've had some email back from Keith Bostic (from UCB), which
    is attached.

    Thanks again,
    	Warren

    > Now, I have a couple of contributors to 2.xBSD and 4.xBSD who are annoyed
    > because they are unsure of the legal status of their code. They believe
    > that one of the terms of the UCB/USL agreement is that _all_ BSD releases
    > prior to 4.4-Lite are _wholly_ tainted, and so their own code is now tainted.

    This isn't the case.

    First, because Berkeley did not require contribution of copyright, any
    software contributor retained all rights in their code that they had
    before the contribution.  So, any contributor can do anything they want
    with the code they contributed.  It would be impossible for any agreement
    between AT&T and UC Berkeley to affect rights held by the original authors
    in their original work.

    That said, after the code was contributed, Berkeley could have mixed
    proprietary code with the contributed code, in which case the files as
    released by Berkeley could be tainted.  (It's pretty unlikely, but it's
    possible.)

    Reviewing the copyright of the file as released by Berkeley should resolve
    that question.  If the copyright, as released by Berkeley, is clean, then
    the file is clean.  There are a very, very few exceptions -- the 9 files
    or so that Berkeley removed from the 4.4BSD-Lite, described in the letter
    that Berkeley sent out subsequent to the AT&T settlement -- other than
    for those files in that particular release, the copyright should settle
    the question as to whether the BSD release of the file was tainted.

    > What I am asking for is: can these people publicaly release the old
    > versions of their software (which happened to be bundled in the BSDs)
    > without being sued? I am assuming that they can prove their code is
    > untainted.

    There are two forms of this question:

            1: Can I release foo.c, which I gave a copy of to Berkeley
               for inclusion in the BSD releases?

            2: Can I release foo.c, as found in a Berkeley release?

    The answer to #1 is that the author's rights to the software are entirely
    unaffected by whether or not the author contributed a copy to Berkeley
    for inclusion in 4BSD.  If the software was "free" before contribution,
    it's free after contribution, if it was "tainted" before contribution,
    it's tainted after contribution.

    The answer to #2 is as described above -- look at the copyright notice in
    the BSD release, make sure it's not one of the 9 files from that single
    release, and then make the decision.

    --keith

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1999/05/18
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    	for <wkt@henry.cs.adfa.edu.au>; Wed, 19 May 1999 01:39:56 +1000 (EST)
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    	via SMTP by sco.sco.COM, id smtpdAAAa000ZI; Tue May 18 08:34:08 1999
    Message-ID: <19990518082909.47946@sco.com>
    Date: Tue, 18 May 1999 08:29:09 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.edu.au
    Subject: Re: More AU Licenses
    References: <199905180215.MAA03069@henry.cs.adfa.edu.au>
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    I asked Mona (our admin) and Davidey about it.
    I dont know where they are or what is their system.

    Things are fair to middlin'.  SCO is floundering along as usual
    and I'm tired of throwing away my life working when there is no
    chance to either succeed or fail.  I think I need a new job,
    but the commute to Silicon Valley is murderous.

    Must be Spring Fever!  I wanna go camping, take a few days off,
    take some photos, work on my truck, dig in the garden, go visit
    my friends in SF, etc etc etc.  Growr! ;-)

    I hope things are good with you.  I guess it's wintery there now
    eh?  Does it get cold in your part of Oz?
    -Dion

    On Tue, May 18, 1999 at 12:15:14PM +1000, Warren Toomey wrote:
    > Hi Dion,
    > 	Just got the latest batch of AU licenses, AU-147 to AU-150, but
    > I'm missing AU-145 and AU-146. Could you DHL, or fax them perhaps? My
    > fax is +61 2 6268 8581.
    >
    > Hope things are going well there.
    >
    > Ciao,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
    X-source-folder: /home/wkt/Mail_archive/1999/05/26
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    	via SMTP by sco.sco.COM, id smtpdAAAa004Ke; Wed May 26 09:43:35 1999
    Message-ID: <19990526093710.37102@sco.com>
    Date: Wed, 26 May 1999 09:37:10 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: franco.tassone@rgn.it
    Cc: wkt@cs.adfa.edu.au, infomail@sco.COM
    Subject: Payment system for Ancient Unix license
    References: <199905252351.JAA05368@henry.cs.adfa.edu.au>
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    Franco,
    The only payment method we have available for the Ancient Unix
    License is to send some kind of bank check (cashier's check),
    International money order, or send credit card details.

    There is no online secure payment system for this product.

    Thanks for your interest,
    -Dion
    Dion L. Johnson II  - The Santa Cruz Operation, Inc.              dionj@sco.com
    Developer Tools and Technical Customers' Advocate.
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 831-427-5417  Voice: 831-427-7565

    On Wed, May 26, 1999 at 09:51:57AM +1000, Warren Toomey wrote:
    > Dion, can you help this guy out?
    > Ta,
    > 	Warren
    > ----- Forwarded message from Franco Tassone -----
    >  From: Franco Tassone <franco.tassone@rgn.it>
    >  To: wkt@cs.adfa.edu.au
    >  Subject: Info request
    >
    > I'm very interested in obtaining the source license for PDP Unix.
    > My only question is that I can't find a valid payment method for
    > acquiring that license: SCO says to write down the details of my VISA
    > card, or to enclose a cheque in and to send it...
    > I wrote SCO asking for a Secure Server payment system, as they do for
    > free unix... no answer.
    > No other possibilities for such a payment, I know the amount isn't very
    > much; a bank sleep [slip? wkt] would be ideal for me.
    > Can you help me in this payment please ?
    > Thanks in advance.
    > ----- End of forwarded message from Franco Tassone -----

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 22 Jun 1999 16:30:41 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.edu.au
    Subject: Re: More AU Licenses
    References: <19990518082909.47946@sco.com> <199905182315.JAA04807@henry.cs.adfa.edu.au>
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    On Wed, May 19, 1999 at 09:15:18AM +1000, Warren Toomey wrote:
    > Going back to SCO floundering, what's the feeling inside there? I was
    > wondering how SCO sees itself in the long-term future of Unix. With the
    > enormous popularity of Linux, you guys must be feeling the pinch. How's
    > SCO going to differentiate itself from the crowd?
    > Cheers,
    > 	Warren

    It's hard for me to give an objective answer.  We have many opinions
    here, many being quite different.

    The popularity of Linux is not that bad for SCO... remember that
    every Windows NT user won over to Linux is also a prospect for
    SCO's Unix (for one reason or another).  I can explain the
    value of SCO to a Linux user a lot better than to an NT user.

    We should be differentiating ourselves on quality and support,
    along with some high-end special features.  I think we can
    stay ahead on the technology curve if we want to (i.e., our
    executives decide to invest in that).  But I am not sure that
    we have the sense to realize that complete, utter quality is
    a nonnegotiable requirement for serious users, especially
    developers and technical users.

    I see lots of contradictory news... but the SCO good news
    stories dont seem to get much press play.  Still, we've done
    very well in the last two quarters.
    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Sun, 15 Aug 1999 10:55:23 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.edu.au, David Eyes <davidey@sco.COM>
    Cc: christi@sco.COM, eileenm@sco.COM
    Subject: Re: UCDavis' UNIX Licenses
    Message-ID: <19990815105523.A28179@sco.com>
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    Warren,

    The free* stuff is now handled by my friend and colleague
    David Eyes.  David is mgr of the developer program group here,
    as well as holding responsibility for free* stuff.

    David: This is a case where (if I guess rightly) someone wants
    to forego the $100 Ancient Unix license from SCO because his
    university has a source license from AT&T.  I suspect that
    without study of the actual license text, we cannot be sure.

    I'd recommend that we either freebie him the license, or
    advise him that his university license is sufficient. Your
    call...
    -Dion
    Dion L. Johnson II  - dionj@sco.com                               SCO, Inc
    400 Encinal St.  Santa Cruz, CA 95061    FAX: 831-427-5417  Voice: 831-427-7565

    On Sat, Aug 14, 1999 at 02:48:21PM +1000, Warren Toomey wrote:
    > 	[ Summary: David O'Brian believes he is covered by the UNIX
    > 	  source licence as held by UC Davis. However .... ]
    >
    > In article by David O'Brien:
    > > This is going to be *very* difficult... the hardcopies are archived and
    > > very difficult to get to.  UCB (University of California, Berkeley) holds
    > > the license paper work for all UC's.  I have called UCB's Licensing group
    > > and they almost laughed me off the phone when I asked for the paperwork
    > > (due to how old and unaccessible the information is).
    > >
    > > This is the information we (EE-CS dept at our campus) gave to DEC when we
    > > got Ultrix source:
    > >
    > >     AT&T License Agreement #(e.g. soft-99999)
    > >         UCD #900/BE/012/00
    > >         AT&T License #E-soft-00089 Supplement 48
    > >     Customer Name as Shown on AT&T Agreement
    > >         University of California
    > >     Location of AT&T License CPU
    > >         All Campus's - License at Berkeley
    > >                        System at Davis
    > >     CPU type of AT&T licensed CPU
    > >         8600
    > >     Serial # of AT&T licensed CPU
    > >     8608306N
    > >     FX01966
    > >
    > > Is this suffient?
    > > -- David
    >
    > David, I see your problem. I am cc'ing the email to my SCO contact, and
    > also to Kirk McKusick who may help to shed some light (or who may not!).
    >
    > My hands are tied until somehow I can verify that you are indeed covered
    > by a licence. Hopefully, SCO or Kirk might be able to help.
    >
    > Cheers,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Sun, 15 Aug 1999 10:58:37 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.edu.au
    Subject: Re: UCDavis' UNIX Licenses
    Message-ID: <19990815105837.B28179@sco.com>
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    Warren: You will probably have to ping DavidEy a couple times;
    he is very busy.

    I trust things are nice in AU today.  We are about to start
    SCO's annual week-long conference.  We hold it up at Univ Calif
    Santa Cruz campus, very pretty place.

    On Sat, Aug 14, 1999 at 02:48:21PM +1000, Warren Toomey wrote:
    > 	[ Summary: David O'Brian believes he is covered by the UNIX
    > 	  source licence as held by UC Davis. However .... ]
    >
    > In article by David O'Brien:
    > > This is going to be *very* difficult... the hardcopies are archived and
    > > very difficult to get to.  UCB (University of California, Berkeley) holds
    > > the license paper work for all UC's.  I have called UCB's Licensing group
    > > and they almost laughed me off the phone when I asked for the paperwork
    > > (due to how old and unaccessible the information is).
    > >
    > > This is the information we (EE-CS dept at our campus) gave to DEC when we
    > > got Ultrix source:
    > >
    > >     AT&T License Agreement #(e.g. soft-99999)
    > >         UCD #900/BE/012/00
    > >         AT&T License #E-soft-00089 Supplement 48
    > >     Customer Name as Shown on AT&T Agreement
    > >         University of California
    > >     Location of AT&T License CPU
    > >         All Campus's - License at Berkeley
    > >                        System at Davis
    > >     CPU type of AT&T licensed CPU
    > >         8600
    > >     Serial # of AT&T licensed CPU
    > >     8608306N
    > >     FX01966
    > >
    > > Is this suffient?
    > > -- David
    >
    > David, I see your problem. I am cc'ing the email to my SCO contact, and
    > also to Kirk McKusick who may help to shed some light (or who may not!).
    >
    > My hands are tied until somehow I can verify that you are indeed covered
    > by a licence. Hopefully, SCO or Kirk might be able to help.
    >
    > Cheers,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Thu, 19 Aug 1999 15:17:32 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: wkt@cs.adfa.edu.au
    Subject: Re: UCDavis' UNIX Licenses
    Message-ID: <19990819151731.B21649@sco.com>
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    On Mon, Aug 16, 1999 at 09:41:14AM +1000, Warren Toomey wrote:
    > In article by Dion Johnson:
    > > Warren: You will probably have to ping DavidEy a couple times;
    > > he is very busy.
    > >
    > > I trust things are nice in AU today.  We are about to start
    > > SCO's annual week-long conference.  We hold it up at Univ Calif
    > > Santa Cruz campus, very pretty place.
    >
    > Hi Dion, sorry I forgot that the AU stuff was passed to David. Must be end of
    > summer there, nice weather? What sort of conference is it? I've seen several

    About 70F in the daytime, 55 at night.
    The conference is our annual love-in for customers and developers.
    Lotsa new people this year, and more than half from outside North America.

    > notices around w.r.t SCO's `support' of Linux (binary emulation etc.) I guess
    > they must be having some impact then.

    We started shipping the linux emulator quite a while ago.  Naturally,
    I was a supporter of it.  I think Linux has helped out business a great
    deal in the last year, just due to our being "close" to it, Unix-wise.

    > Yes, it's pretty good here right now, end of winter, the days are 15'C and
    > sunny.
    >
    > How often should I ping DavidEy? I don't want to p*ss him off straightaway :)

    Once a week makes sense.
    -Dion

    >
    > Thanks!
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 14 Sep 1999 14:47:39 -0700
    To: Dion Johnson <dionj@sco.COM>, Warren Toomey <wkt@cs.adfa.edu.au>
    From: David Eyes <davidey@sco.COM>
    Subject: Re: Being Tainted by Ancient UNIX Code
    Cc: Theo de Raadt <deraadt@cvs.openbsd.org>
    Status: RO
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    I generally would tend to align with dionj's slant.  I think it would be
    useful if Theo could go on record respecting his intentions relative to his
    wanting to see source vis-a-vis his role as a BSD project leader.  Aside
    from just being merely interesting and informative from our point of view,
    it would read in to the record the scope of his intended use.  It is
    possible that there would be uses, in violation of the license, that we
    would want to take steps to discourage, but I'm assuming for the moment that
    Theo is motivated by intellectual/professional curiosity.

    At 10:07 AM 9/14/99 -0700, Dion Johnson wrote:
    >For an authoritative answer, you need to talk to David Eyes
    >(davidey@sco.com) who is the owner in Marketing of "free stuff"
    >for SCO.  David will doubtless ask SCO's Legal folks.
    >
    >MHO is that
    >
    >0) Theo's concerns are not warranted.
    >
    >1) There should be no such thing as a "promise to stick to the
    >nondisclosure".  The terms about confidentiality are part of the
    >contract.  There is no other agreement involved, no "promises".
    >You either sign and honor the contract, or you dont.  ;-)
    >
    >2) SCO truly, deeply would hate to get into litigation over any
    >aspects of this.  We are a product company, not a litigation
    >business.  The Ancient Unix source license was written to
    >provide reasonable and flexible terms that would not engender
    >paranoia about litigation.  We did our best.  Please believe
    >our intentions are honorable and seeking to cooperate with
    >Unix enthusiasts.
    >
    >3) I dont think we want to waste time making more agreements
    >about agreements.  ;-)
    >
    >But like I said, this is just my opinion.  For the true word,
    >talk to DavidEy.
    >-Dion
    >
    >On Tue, Sep 14, 1999 at 05:00:49PM +1000, Warren Toomey wrote:
    >> Dion,
    >> 	You may have heard of Theo de Raadt, one of the developers of OpenBSD.
    >> He is interested in obtaining an Ancient UNIX license. However, he is worried
    >> that being `tainted' by such source may open him up to future litigation,
    >> given that OpenBSD is currently a clean-room implementation of Unix.
    >>
    >> The last bit of our email was:
    >>
    >> [Warren]
    >> > > I have a contact inside SCO, Dion Johnson, who helped
    >> > > get the personal license through in the first place. We could try to set
    >> > > up a dialogue so that you could promise to stick to the non-disclosure,
    >> > > and they could promise not to sue you without REAL HARD evidence that you
    >> > > broke non-disclosure.
    >>
    >> [Theo]
    >> > I would like that.  I'm a project leader, it's important.
    >>
    >> Is there scope for some memorandum of understanding between SCO and OpenBSD?
    >> I can't imagine you guys would sue OpenBSD, but I guess Theo remembers the
    >> AT&T/USL lawsuit, which of course was based on 32V taintedness.
    >>
    >> What can be done to relieve Theo's fears so that he can go for an AU license?
    >>
    >> Thanks again!
    >>
    >> 	Warren
    >
    --

    David Eyes

    Manager
    Developer Programs

    831-427-7532 (voice)
    831-427-5472 (fax)

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Tue, 14 Sep 1999 10:07:02 -0700
    From: Dion Johnson <dionj@sco.COM>
    To: Warren Toomey <wkt@cs.adfa.edu.au>
    Cc: Theo de Raadt <deraadt@cvs.openbsd.org>, David Eyes <davidey@sco.COM>
    Subject: Re: Being Tainted by Ancient UNIX Code
    Message-ID: <19990914100702.I4585@sco.com>
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    For an authoritative answer, you need to talk to David Eyes
    (davidey@sco.com) who is the owner in Marketing of "free stuff"
    for SCO.  David will doubtless ask SCO's Legal folks.

    MHO is that

    0) Theo's concerns are not warranted.

    1) There should be no such thing as a "promise to stick to the
    nondisclosure".  The terms about confidentiality are part of the
    contract.  There is no other agreement involved, no "promises".
    You either sign and honor the contract, or you dont.  ;-)

    2) SCO truly, deeply would hate to get into litigation over any
    aspects of this.  We are a product company, not a litigation
    business.  The Ancient Unix source license was written to
    provide reasonable and flexible terms that would not engender
    paranoia about litigation.  We did our best.  Please believe
    our intentions are honorable and seeking to cooperate with
    Unix enthusiasts.

    3) I dont think we want to waste time making more agreements
    about agreements.  ;-)

    But like I said, this is just my opinion.  For the true word,
    talk to DavidEy.
    -Dion

    On Tue, Sep 14, 1999 at 05:00:49PM +1000, Warren Toomey wrote:
    > Dion,
    > 	You may have heard of Theo de Raadt, one of the developers of OpenBSD.
    > He is interested in obtaining an Ancient UNIX license. However, he is worried
    > that being `tainted' by such source may open him up to future litigation,
    > given that OpenBSD is currently a clean-room implementation of Unix.
    >
    > The last bit of our email was:
    >
    > [Warren]
    > > > I have a contact inside SCO, Dion Johnson, who helped
    > > > get the personal license through in the first place. We could try to set
    > > > up a dialogue so that you could promise to stick to the non-disclosure,
    > > > and they could promise not to sue you without REAL HARD evidence that you
    > > > broke non-disclosure.
    >
    > [Theo]
    > > I would like that.  I'm a project leader, it's important.
    >
    > Is there scope for some memorandum of understanding between SCO and OpenBSD?
    > I can't imagine you guys would sue OpenBSD, but I guess Theo remembers the
    > AT&T/USL lawsuit, which of course was based on 32V taintedness.
    >
    > What can be done to relieve Theo's fears so that he can go for an AU license?
    >
    > Thanks again!
    >
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    	Tue, 14 Sep 1999 17:00:49 +1000 (EST)
    From: Warren Toomey <wkt>
    Message-Id: <199909140700.RAA23524@henry.cs.adfa.edu.au>
    Subject: Re: Being Tainted by Ancient UNIX Code
    In-Reply-To: <199909140648.AAA19502@cvs.openbsd.org> from Theo de Raadt at "Sep 14, 1999  0:48:44 am"
    To: deraadt@cvs.openbsd.org (Theo de Raadt)
    Date: Tue, 14 Sep 1999 17:00:49 +1000 (EST)
    Cc: dionj@sco.com (Dion Johnson), wkt (Warren Toomey)
    Reply-To: wkt@cs.adfa.edu.au
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    Dion,
    	You may have heard of Theo de Raadt, one of the developers of OpenBSD.
    He is interested in obtaining an Ancient UNIX license. However, he is worried
    that being `tainted' by such source may open him up to future litigation,
    given that OpenBSD is currently a clean-room implementation of Unix.

    The last bit of our email was:

    [Warren]
    > > I have a contact inside SCO, Dion Johnson, who helped
    > > get the personal license through in the first place. We could try to set
    > > up a dialogue so that you could promise to stick to the non-disclosure,
    > > and they could promise not to sue you without REAL HARD evidence that you
    > > broke non-disclosure.

    [Theo]
    > I would like that.  I'm a project leader, it's important.

    Is there scope for some memorandum of understanding between SCO and OpenBSD?
    I can't imagine you guys would sue OpenBSD, but I guess Theo remembers the
    AT&T/USL lawsuit, which of course was based on 32V taintedness.

    What can be done to relieve Theo's fears so that he can go for an AU license?

    Thanks again!

    	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Dion Johnson <dionj@caldera.com>
    To: Michael Davidson <md@caldera.com>
    Cc: wht@minnie.tuhs.org, dmr@bell-labs.com, ken@entrisphere.com,
       grog@lemis.com, John Terpstra <jht@caldera.com>, drew@caldera.com,
       maddog@li.org, evan@starnix.com, phatch@caldera.com, ransom@caldera.com
    Subject: Re: Liberal license for ancient UNIX sources - uuencoded
    Message-ID: <20020123154742.F12595@sco.com>
    Mime-Version: 1.0
    Content-Type: text/plain; charset=us-ascii
    Content-Disposition: inline
    User-Agent: Mutt/1.2.5i
    Sender: dionj@caldera.com
    Resent-Date: Thu, 24 Jan 2002 11:15:41 +1030
    Resent-To: Warren Toomey <wkt@tuhs.org>
    Resent-Message-Id: <20020124004541.886B978306@wantadilla.lemis.com>
    Status: RO
    Content-Length: 16987
    Lines: 281

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    end

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Wed, 23 Jan 2002 15:03:37 -0800
    From: Dion Johnson <dionj@caldera.com>
    To: wht@minnie.tuhs.org
    Cc: dmr@bell-labs.com, ken@plan9.bell-labs.com, grog@lemis.com,
       John Terpstra <jht@caldera.com>, drew@caldera.com, maddog@li.org,
       evan@starnix.com, phatch@caldera.com, ransom@caldera.com
    Subject: Liberal license for ancient UNIX sources
    Message-ID: <20020123150337.A12595@sco.com>
    Mime-Version: 1.0
    Content-Type: multipart/mixed; boundary="dDRMvlgZJXvWKvBx"
    Content-Disposition: inline
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    Resent-Date: Thu, 24 Jan 2002 11:15:41 +1030
    Resent-To: Warren Toomey <wkt@tuhs.org>
    Resent-Message-Id: <20020124004541.982A578307@wantadilla.lemis.com>
    Status: RO
    Content-Length: 24986
    Lines: 405

    --dDRMvlgZJXvWKvBx
    Content-Type: text/plain; charset=us-ascii
    Content-Disposition: inline

    Dear Warren, and friends,

    I'm happy to let you know that Caldera International has placed
    the ancient UNIX releases (V1-7 and 32V) under a "BSD-style" license.
    I've attached a PDF of the license letter hereto.  Feel free to
    propogate it as you see fit.

    I apologize that this has taken so long.  We do not have a well
    regulated archive of these ancient releases, so we must depend
    upon you UNIX enthusiasts, historians, and original authors to
    help the community of interested parties figure out exactly what
    is available, where, and how.

    Many thanks to Warren Toomey, of PUPS, and to Caldera's Bill
    Broderick, director of licensing services here.  Both of these
    gentlemen were instrumental in making this happen.  And thanks
    to our CEO, Ransom Love, whose vision for Caldera International
    prescribes cooperation and mutual respect for the open source
    communities.

    Of course, there are thousands of other people who should be
    acknowledged.  I regret I do not have time or wisdom to make
    a list of them all, but maybe someone does, or has.

    Anyway, here it is.  Feel free to write to us if you want to
    understand more about how/why Caldera International has released
    this code, or you have any other comments that we should hear.

    Sincerely,

    Dion L. Johnson II - dionj@caldera.com
    Product Manager and one of many open source enthusiasts in Caldera Intl.

    Paul Hatch - phatch@caldera.com
    Public Relations Manager at Caldera International

    --dDRMvlgZJXvWKvBx
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    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Reply-To: <dionj@caldera.com>
    To: <wkt@cs.adfa.edu.au>
    Subject: unix history graphing
    Date: Wed, 23 Jan 2002 16:11:42 -0800
    Organization: Caldera International
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    Warren is this project still active?
    I see you do not have files for XENIX or OpenServer or Open UNIX,
    and the info for UnixWare is very scant.

    -Dion

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    Date: Wed, 23 Jan 2002 15:55:27 -0800
    From: Dion Johnson <dionj@caldera.com>
    To: wkt@minnie.tuhs.org
    Subject: at last, the license
    Message-ID: <20020123155527.H12595@sco.com>
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    Warren, the letter is below uuencoded.
    -Dion

    > Cc: dmr@bell-labs.com, ken@plan9.bell-labs.com, grog@lemis.com,
    >     John Terpstra <jht@caldera.com>, drew@caldera.com, maddog@li.org,
    >     evan@starnix.com, phatch@caldera.com, ransom@caldera.com
    > Subject: Liberal license for ancient UNIX sources
    >
    > Dear Warren, and friends,
    >
    > I'm happy to let you know that Caldera International has placed
    > the ancient UNIX releases (V1-7 and 32V) under a "BSD-style" license.
    > I've attached a PDF of the license letter hereto.  Feel free to
    > propogate it as you see fit.
    >
    > I apologize that this has taken so long.  We do not have a well
    > regulated archive of these ancient releases, so we must depend
    > upon you UNIX enthusiasts, historians, and original authors to
    > help the community of interested parties figure out exactly what
    > is available, where, and how.
    >
    > Many thanks to Warren Toomey, of PUPS, and to Caldera's Bill
    > Broderick, director of licensing services here.  Both of these
    > gentlemen were instrumental in making this happen.  And thanks
    > to our CEO, Ransom Love, whose vision for Caldera International
    > prescribes cooperation and mutual respect for the open source
    > communities.
    >
    > Of course, there are thousands of other people who should be
    > acknowledged.  I regret I do not have time or wisdom to make
    > a list of them all, but maybe someone does, or has.
    >
    > Anyway, here it is.  Feel free to write to us if you want to
    > understand more about how/why Caldera International has released
    > this code, or you have any other comments that we should hear.
    >
    > Sincerely,
    >
    > Dion L. Johnson II - dionj@caldera.com
    > Product Manager and one of many open source enthusiasts in Caldera Intl.
    >
    > Paul Hatch - phatch@caldera.com
    > Public Relations Manager at Caldera International

    begin 600 ancient-source.pdf
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    end

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: Greg Lehey <grog@lemis.com>
    To: Dion Johnson <dionj@caldera.com>
    Cc: Warren Toomey <wkt@tuhs.org>
    Subject: Re: Liberal license for ancient UNIX sources
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    Organization: LEMIS, PO Box 460, Echunga SA 5153, Australia
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    On Wednesday, 23 January 2002 at 15:03:37 -0800, Dion Johnson wrote:
    > Dear Warren, and friends,
    >
    > I'm happy to let you know that Caldera International has placed
    > the ancient UNIX releases (V1-7 and 32V) under a "BSD-style" license.
    > I've attached a PDF of the license letter hereto.  Feel free to
    > propogate it as you see fit.

    Dion, I've just had a bounce from Warren.  He's left ADFA and is now
    working in Queensland.  His current mail address is wkt@tuhs.org,
    which hopefully won't change.

    Greg
    --
    Finger grog@lemis.com for PGP public key
    See complete headers for address and phone numbers

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: "Dion L. Johnson II" <dionj@redacted.com>
    To: "'Warren Toomey'" <wkt@tuhs.org>
    Subject: RE: Greetings, news, etc. from Dion
    Date: Mon, 24 Nov 2003 20:17:12 -0800
    Message-ID: <000201c3b30b$0050bfd0$01fea8c0@redacted>
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    PS: Another guy who knows some Unix history is Peter Salus.  You know =
    him?

    > -----Original Message-----
    > From: Warren Toomey [mailto:wkt@tuhs.org]
    > Sent: Monday, November 24, 2003 6:34 PM
    > To: Dion L. Johnson II
    > Subject: Re: Greetings, news, etc. from Dion
    >=20
    > > Your invitation is very kind.  Maybe someday I will visit Australia; =
    I
    > don't
    > > know.  I visited my cousin in England a couple years ago and =
    thoroughly
    > > enjoyed it.  (She's married to Sir Gordon Hobday, so now I guess I =
    am
    > > related to the nobility (by marriage, if not by blood).)  I like the
    > idea of
    > > visiting countries where I have some slight chance of understanding =
    the
    > > native language.  ;-)
    >=20
    > Well, we speak funny here, and you can probably talk me into saying
    > "G'day".
    >=20
    > > Anyway, it sounds like you are doing well.  Keep up your good works, =
    and
    > let
    > > me know what you can about the work with IBM (so far as is proper =
    for
    > you to
    > > reveal).  I'm curious, at least, how this is going to progress.
    >=20
    > Ok, well I'm reading www.groklaw.net every day to keep up on the =
    latest
    > legal and PR events. I've written a C code comparison tool, see
    > http://minnie.tuhs.org/Programs/Ctcompare, which might help to see
    > if there is really any SysV code in Linux. However, obtaining recent
    > SysV code is not easy, but I've tried it on old SysV source and found
    > nothing.
    >=20
    > For IBM, I'm (one of?) their UNIX history people. I'm tracking down
    > books, articles, papers etc. that explain UNIX methods and techniques.
    > There's quite a lot of books, and some are recent too. IBM also want
    > to find out how accessible was the source code generally, e.g. to
    > students at unis etc. Of course, I can also give details on the
    > geneaology of the source code itself.
    >=20
    > Cheers,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: "Dion L. Johnson II" <dionj@redacted.com>
    To: "'Warren Toomey'" <wkt@tuhs.org>
    Subject: The licenses, and some comments
    Date: Mon, 24 Nov 2003 20:16:33 -0800
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    Well... you may (or may not) know that SCO used to have a SYS V source =
    code
    license for universities, perhaps as recent as 2000 or so.  And there =
    are a
    zillion old ATT source licenses, some maybe to universities besides
    Berkeley.  I don't have copies of those licenses but they clearly are
    intended to permit teaching of concepts and techniques. =20

    Don't forget Sun was allowing all kinds of licenses for Sys V.4, =
    (Solaris)
    their version, which was licensed from ATT.

    One guy who knows a LOT about SCO licensing (and Caldera) is Bill =
    Broderick.
    Bill lives in NJ.  I don't know if he's still working for SCOG but he =
    may
    be, so approach him with care.  There are of course a number of other =
    people
    who know (knew) about the ATT, Novell, USL, SCO, and Caldera licensing =
    over
    the years.  And don't forget that many of the source code licenses had
    provisions for sublicensing, and assorted T&C for allowing contractors =
    and
    other people to see the source. =20

    You might find some Sys V source code somewhere that is incorporated =
    into
    Linux - but damned little of it.  Of course, any at all may be a =
    problem...
    or maybe not, depending on how it got there.  The contributors, authors, =
    IP
    originators of Unix while not as many as Linux, are surely in the =
    thousands
    of programmers, over several decades.  Mike Davidson probably knows a =
    little
    about this.

    Another interesting angle that bears investigation is to look into what
    Linux code or IP may have found its way into SCO products!  Surely if =
    there
    was "technology transfer" it must have been a 2-way street.

    The bottom line is that the legal envelope SCOG is trying to establish =
    has a
    million holes in it; it will never stand up such that they will be able =
    to
    extract royalties from everyone in the world.  (IMNSHO) At best, I think
    they might get IBM to pay them some modest amount to just go away and =
    shut
    up.

    All of this just between you and me, of course.  Not that there are any
    secrets in what I say; I just don't want to get subpoenaed.=20
    -Dion

    > -----Original Message-----
    > From: Warren Toomey [mailto:wkt@tuhs.org]
    > Sent: Monday, November 24, 2003 6:34 PM
    > To: Dion L. Johnson II
    > Subject: Re: Greetings, news, etc. from Dion
    >=20
    > > Your invitation is very kind.  Maybe someday I will visit Australia; =
    I
    > don't
    > > know.  I visited [redacted] a couple years ago and =
    thoroughly
    > > enjoyed it.  ([redacted] =
    am
    > > [redacted]  I like the
    > idea of
    > > visiting countries where I have some slight chance of understanding =
    the
    > > native language.  ;-)
    >=20
    > Well, we speak funny here, and you can probably talk me into saying
    > "G'day".
    >=20
    > > Anyway, it sounds like you are doing well.  Keep up your good works, =
    and
    > let
    > > me know what you can about the work with IBM (so far as is proper =
    for
    > you to
    > > reveal).  I'm curious, at least, how this is going to progress.
    >=20
    > Ok, well I'm reading www.groklaw.net every day to keep up on the =
    latest
    > legal and PR events. I've written a C code comparison tool, see
    > http://minnie.tuhs.org/Programs/Ctcompare, which might help to see
    > if there is really any SysV code in Linux. However, obtaining recent
    > SysV code is not easy, but I've tried it on old SysV source and found
    > nothing.
    >=20
    > For IBM, I'm (one of?) their UNIX history people. I'm tracking down
    > books, articles, papers etc. that explain UNIX methods and techniques.
    > There's quite a lot of books, and some are recent too. IBM also want
    > to find out how accessible was the source code generally, e.g. to
    > students at unis etc. Of course, I can also give details on the
    > geneaology of the source code itself.
    >=20
    > Cheers,
    > 	Warren

    From mairix@mairix Mon Jan  1 12:34:56 1970
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    From: "Dion L. Johnson II" <dionj@redacted.com>
    To: "'Warren Toomey'" <wkt@tuhs.org>
    Subject: RE: The licenses, and some comments
    Date: Tue, 25 Nov 2003 11:34:26 -0800
    Message-ID: <000d01c3b38b$23043450$01fea8c0@redacted>
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    > On Mon, Nov 24, 2003 at 08:16:33PM -0800, Dion L. Johnson II wrote:
    > > Well... you may (or may not) know that SCO used to have a SYS V =
    source
    > code
    > > license for universities, perhaps as recent as 2000 or so.
    >=20
    > Can you find or do you know pointers to this license? Even keywords or =
    old
    > URLs, so I can hunt it down in the Wayback machine.

    It would probably have been named "academic license", and would be =
    related
    to SCO's academic or university relations area, perhaps under training.=20
    There was an "academic seeding program" handled at one time by Tisa =
    Murdoch,
    which provided source code to universities.=20

    > > Don't forget Sun was allowing all kinds of licenses for Sys V.4,
    > (Solaris)
    > > their version, which was licensed from ATT.
    >=20
    > Ah yes, I'd forgotten about that too!

    See if you can find a report from D.H.Brown & Associates:
    2001 UNIX FUNCTION REVIEW
    D. H. Brown Associates, Inc.
    222 Grace Church St.
    Port Chester, NY 10573
    =20
    There was a lot of interesting info in this document, but I am not sure =
    who
    owned it.  A copy might have to be purchased.

    >=20
    > > One guy who knows a LOT about SCO licensing (and Caldera) is Bill
    > Broderick.
    > > Bill lives in NJ.  I don't know if he's still working for SCOG but =
    he
    > may
    > > be, so approach him with care.
    >=20
    > Do you have any contact details?

    I came across this, interestingly:
    http://zgp.org/linux-elitists/20030910161904.GA8702@zgp.org.html

    Anyway, I think Bill may still be working for SCO Group, so you would =
    need
    to be careful about trying to talk to him directly.

    >=20
    > > Another interesting angle that bears investigation is to look into =
    what
    > > Linux code or IP may have found its way into SCO products!  Surely =
    if
    > there
    > > was "technology transfer" it must have been a 2-way street.
    >=20
    > Yes, I was thinking about that. Did you ever hear of any such =
    technology
    > transfer? What about the Linux Personality module?
    =20
    Yes, what about that?  How could they implement a Linux compatibility =
    that
    was very low level, and accurate, without using any Linux IP????

    Well, any thoughtful programmer would think of this question; it's not =
    some
    kind of dark secret.