UNIX \"bought\" at auction; AT&T unhappy

[Will Martin -- AMXAL-RI]

For your info; the following just appeared in the RISKS Digest. Reading between the lines, it appears that AT&T's Canadian subsidiary is suing someone who
bought a copy of UNIX at a receivership auction.

----- Forwarded message # 1:

Date: Thu, 25 Feb 88 09:30 CST
From: Ken De Cruyenaere <KDC%UOFMCC.BITNET at CUNYVM.CUNY.EDU> 204-474-8340
Subject: Billion Dollar Software for $900 ??

>From the Feb. 23 issue of the Winnipeg Sun (reprinted without permission):

COMPUTER PURCHASE OFFERS A BLUEPRINT FOR SUCCESS

Toronto (CP) A man who bought computer equipment for $900 at auction last
September is being sued by a Canadian subsidiary of a U.S. telecommunications
giant, which says software included in the sale is worth billions of dollars.
The story could prove embarrassing to the Ontario government.  One of its
agencies, the Ontario Development Corporation, turned over to a receiver
valuable material.  Norbert Stoeckl, president of the Scarborough Bone
Analysis Clinic, purchased the source code and manuals for the UNIX operating
system at an auction by Danbury Sales Ltd.

----- End of forwarded messages

Now, the really interesting questions are not asked in the above. These
include:

1) Why is the purchaser being sued, and not the people who sold it to
him, or the original license holder, who probably violated the terms of
the license by letting the software and manuals go as to-be-disposed-of
assets? While the article is too sparse to give any real info, it would
seem to me that the guy who bought the stuff at the auction isn't at
fault in any way. If the software is considered "stolen property", then
AT&T (what IS that subsidiary, anyway?) could have it confiscated by the
police or sheriff (or whatever it is in Canada in this case) following
normal procedures. Suing the innocent buyer doesn't seem appropriate.

2) Does this "sale" somehow publicize the "trade secret" aspects of
UNIX, and is that why they are talking "billions of dollars"? After all,
UNIX by itself costs $43K or thereabouts, last I heard. But that is a
restricted license, not an actual sale. If this does somehow throw out
AT&T's exclusive rights to sell UNIX, then one could make an argument
for the value of the action being a lot more. (But "billions"? I'd agree
to "millions"...)

Seems like an interesting situation...

Regards, Will Martin