[Info-vax] An alternative history of computing

[Arne Vajhøj]

On 7/25/2021 8:36 PM, Simon Clubley wrote:
> On 2021-07-25, Scott Dorsey <kludge at panix.com> wrote:
>> Dave Froble  <davef at tsoft-inc.com> wrote:
>>>
>>> Regardless, the claim was "(the DECnet specification was freely
>>> available)"  The claim was never "open", and definitely not "open
>>> software".  I don't know how "freely" it was, but I do know there was
>>> DECnet implementations on other than VMS.
>>
>> The Phase IV documentation is enough to build a working decnet client
>> to move packets back and forth.
>>
>> The higher stuff like mail is not as well documented.  It would be hard
>> to do it without the fiche, I think.  But a lot of people did it, including
>> Sun and IBM.  They may have used the fiche.
> 
> Exactly. And there are always legal risks with implementing protocols
> that do not have public specifications. For the same reason, those public
> specifications must also have been released _as_ public specifications
> and not just fallen into the public domain.
> 
> For example, there's now a copy of the LAT specification on Bitsavers.
> (At least there was when I looked through the documents on there. I don't
> know if it's still there).
> 
> This also extends to items under copyright, not patents.
> 
> For example, there's a public copy of the Pillar specification, but it
> appears to have fallen into the public domain, instead of being released
> _as_ a public document.
> 
> As such, if I were to implement a compiler to the specification in that
> document, could I get into legal trouble for doing so if I released the
> compiler for general use ?

Maybe, but not likely.

Copyright? No. You are not copying anything. And with the latest
Oracle-Google decision then no API problem.

Patent? Not likely. I would assume all relevant patents to
have expired.

Trademark? Just call it something different and you are good.

Trade secret? Maybe, but I doubt it. HPE would need to show that
have taken steps to keep it secret and that it has economic value.
If they have not requested the doc to be removed and if they have
not made a dime on it for 40 years, then they may have a hard
case in court.

(one should obviously consult a lawyer not a news group,
before pursuing such an endeavor)

But even though the risk of losing in court may be small, then
the risk of going bankrupt due to legal cost may still
deter.

Arne