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- Newsgroups: comp.org.usenix,comp.org.sug,comp.org.eff.talk,alt.suit.att-bsdi
- Path: sparky!uunet!wupost!cs.utexas.edu!hellgate.utah.edu!basset.utah.edu!hollaar
- From: hollaar%basset.utah.edu@cs.utah.edu (Lee Hollaar)
- Subject: Re: Novell buys Unix Systems Laboratory
- Date: 29 Dec 92 08:29:13 MST
- Message-ID: <1992Dec29.082913.26285@hellgate.utah.edu>
- Organization: University of Utah CS Dept
- References: <scs.725118848@wotan.iti.org> <1992Dec25.021516.19164@fcom.cc.utah.edu> <BZS.92Dec24225037@world.std.com> <1992Dec26.223806.2782@fcom.cc.utah.edu> <BZS.92Dec26184506@world.std.com>
- Distribution: alt
- Lines: 27
-
- In article <BZS.92Dec26184506@world.std.com> bzs@world.std.com (Barry Shein) writes:
- >Perhaps it's too late, if I were BSDI and USL did that to me I'd sue
- >their pants off: Engage me in a suit, cause me business problems and
- >direct costs, and then drop me admitting freely that they sued the
- >wrong party for PR reasons or some such babble? Hah! I'd be happy to
- >*invest* in the results of that counter-suit! It would be irrelevant
- >if they were still ultimately affected by the outcome, knowingly suing
- >the wrong party w/o a really good reason is not a good position to be
- >in, particularly if you got deep pockets, I'd open the bidding in the
- >high 7 digits.
-
- The USL suit against BSDI is not exactly meritless. There was the trademark
- infringement action regarding BSDI's 1-800-ITS-UNIX number, that has already
- been settled in USL's favor, as I remember. That part of the suit was
- certainly directed at the right party.
-
- The current workings of the civil justice system encourages getting all
- related disputes between two parties aired in a single suit, so once USL
- decided to file on the trademark infringement, it was reasonable for it
- to include the other charges. And in "notice pleading" the complaint
- only contains the basic allegations, with the specifics being developed
- before trial in the discovery phase.
-
- If USL had not added UCB as an additional defendant, BSDI might have had
- to sue UCB as a third-party defendant over its warranty that Net/2 would
- not infringe AT&T's proprietary rights.
-
-