On Thu, May 21, 2015 at 11:49 AM, Clem Cole <clemc@ccc.com
   <mailto:clemc@ccc.com>> wrote:

       ? HP/UX is an SVR3 & OSF/1 ancester. Solaris is SVR4.  In fact
       it was the SVR4 license and deal between Sun and AT&T)? that
       forced the whole OSF creation.  One of the "principles" of the
       OSF was "Fair and Stable" license terms.

       Which begs a question - since Solaris was SVR4 based and was
       made freely available via OpenSolaris et al, does that not
       make SVR4 open?   I'm not a lawyer (nor play one on TV), but
       it does seem like that sets some sort of precedent.

This is indeed an interesting question. During the IBM vs SCO debacle,
IBM requested the use of TMGE to be used as an example for proof of
how the SVR4 kernel algorithms were already out in the public domain
and thus set the precedent. And this was also (eventually) approved by
AT&T for publication.