[HN Gopher] AT&T lawyer stopped Plan 9 release CD with songs by ...
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AT&T lawyer stopped Plan 9 release CD with songs by Lou Reed,
Debbie Harry
 
Author : asjo
Score  : 269 points
Date   : 2022-06-25 17:19 UTC (5 hours ago)
 
web link (www.tuhs.org)
w3m dump (www.tuhs.org)
 
| jonahx wrote:
| I feel like part of the story is missing, or I am missing
| something... why couldn't they just confirm the releases?
 
  | blihp wrote:
  | The lawyer didn't care... they just used their power to block
  | the release. Since it wasn't something that mattered to them,
  | they likely never gave it a second thought. This isn't terribly
  | uncommon (it's not just an issue with lawyers, but with any
  | corporate gatekeeper) in the business world.
 
    | jonahx wrote:
    | So there was no mechanism to appeal the decision, presumably?
    | Lawyer says "nope", gives bullshit reason, and that's it?
    | Nothing further to be done?
 
      | salmo wrote:
      | Usually you _can_ , but it better be worth it. You'll have
      | to get an officer to say they're willing to accept the risk
      | with a high level legal counsel.
      | 
      | If you tossed this idea up to that level, you'd piss the
      | officer off for wasting his time and burn the relationship
      | with the lawyer.
      | 
      | Also, this team was pretty infamous at that point for not
      | playing nice with the corporate structure (eg naming the OS
      | Plan 9). Sure, they were rockstars to nerds, but Unix, etc.
      | never made Bell/AT&T real money. Wasn't their fault, but
      | they never got internal clout and were just a small, weird
      | group in a giant company.
 
      | dleslie wrote:
      | Probably not, no; because to cross the corporate power
      | broker is to invite their wrath. It will make future asks
      | of them impossible, or at least costly.
 
  | anigbrowl wrote:
  | Yeah I am doubting this too. The lawyer identifies a potential
  | legal problem (clearances) that would have been trivial to
  | solve. For about $50 you can file a copyrighted work with the
  | librarian of Congress and get an officially USA-branded
  | certificate of copyright ownership, and it only takes a couple
  | of weeks. This is a norm in the creative industry because if
  | you have filed your copyrighted work and it is later infringed,
  | you can claim punitive damages as well as recoup your loss.
 
    | morcheeba wrote:
    | I read it as not a clearance problem, but that the lawyer
    | didn't know who Lou Reed and Debbie Harry were and didn't
    | want to release music from some randos the developers had
    | found.
 
      | anigbrowl wrote:
      | Yeah, because actual randos could be people doing cover
      | versions of music they don't own. But one could respond to
      | this with 'they're successful recording artists, I can get
      | the documentation you need right away.'
 
    | Isamu wrote:
    | I don't think you have experienced the politics of high level
    | executives in mega corporations. This is exactly the most
    | plausible part of the story. Some legal executive likely
    | jumped to some conclusion before talking to Rob to get all
    | the facts, and didn't want to walk back his position because
    | he is so much more important than the tiny Unix group that it
    | was easier to just kill it.
    | 
    | Remember Plan9 was not going to make money enough for any
    | executive to care.
 
| [deleted]
 
| WalterBright wrote:
| When I developed the first native C++ compiler around 1987, I
| thought I'd better check with AT&T's lawyers if I could:
| 
| 1. sell a C++ compiler
| 
| 2. call it C++
| 
| Their lawyer was very nice, and said sure. He also laughed and
| said he appreciated that I was the only one who bothered to ask.
 
  | donarb wrote:
  | I recall that Microsoft's Visual C++ user license had a clause
  | that forbid you from creating a C++ compiler with it.
 
  | WalterBright wrote:
  | P.S. Bjarne Stroustrup and especially Andrew Koenig were super
  | nice and supportive of my efforts in those days. The nascent
  | C++ community was very welcoming.
 
  | cgriswald wrote:
  | In the early internet days, when I was young and learning HTML,
  | the book I used to learn recommended _asking permission_ to
  | link to a website. I thought that was weird, but I was a rule
  | follower then. So I, a kid, sent a message to the  'webmaster'
  | of a local government site and dutifully asked permission to
  | link to their home page.
  | 
  | The said no.
  | 
  | If I'm ever a super-villain, I'm using this as my origin story.
 
    | WalterBright wrote:
    | On the other hand, I've consistently found you can often get
    | what you want just by asking for it. A lot of people seem
    | unwilling to do this.
 
      | zarmin wrote:
      | On the other other hand, ask for forgiveness not
      | permission.
 
        | WalterBright wrote:
        | More than one person has come to me with a story that
        | they'd developed a side project without notifying their
        | employer, and now that it was done and they were
        | distributing it were worried their employer was going to
        | claim ownership.
        | 
        | I didn't have anything helpful to say. I've done side
        | projects when I was working for Big Corps, but in every
        | case notified management beforehand and got a written ok.
        | Never had any trouble with it. When I've accepted job
        | offers, I'd also provide a list of projects that were
        | mine and had them sign off on it as a condition of
        | employment. Never encountered any resistance to that,
        | either.
        | 
        | But these poor people were sweating bullets imagining all
        | the bad consequences of their employer finding out.
        | 
        | Just ask, in advance. If you're a valuable employee,
        | they'll say ok. Never heard of one saying no. And they'll
        | appreciate that you asked instead of sneaking around.
        | 
        | But be careful not to use company equipment.
 
        | zarmin wrote:
        | How about, thoroughly read your employment agreement (and
        | everything you sign).
        | 
        | > Just ask, in advance. If you're a valuable employee
        | 
        | That is a massive, massive if.
 
      | megablast wrote:
      | Thanks for all the examples.
 
  | effingwewt wrote:
  | Still boggles my mind reading things like this- so cool to hear
  | origin stories from the horse's mouth, so to speak. But if he
  | hadn't been nice what would have happened?
  | 
  | I'm sad to imagine the future we are headed towards where only
  | new technologies are worked on, just to get the patents and sit
  | on them, while everything pre-existing is deprecated and
  | abandoned. Microsoft's embrace extend extinguish works eerily
  | well.
  | 
  | Do you think we are headed in a better direction now? Or is it
  | simply different?
  | 
  | I remember working with ATT in the late 90's when it was ATT
  | broadband. They were still using green screen computer terminal
  | windows for everything and were trying to get a GUI off the
  | ground. Everything was alt and tab to switch windows etc, no
  | mouse support! Into the mid 2000's! This was done by getting
  | regular employees to try and cobble something together. The
  | miraculous thing was that they pulled it off. Just took them a
  | few years longer than it should have. ATT 'corporate' was known
  | for being every bit the tv trope of a big business back then.
  | 
  | I remember seeing early builds and laughing it was so bad. ATT
  | in particular was very much stuck in its ways as a corporation
  | and was not inclined to change even the most broken of things.
  | 
  | When it finally rolled out it was such a mess. All the IT
  | people could do was wince. Everyone but the people who mattered
  | saw it coming. They hired some firm to re-do it all. That
  | happened who knows how many times within just a few years after
  | that. Went from refusing to update to doing it constantly and
  | always breaking things.
  | 
  | I must say it was pretty insane watching $12k long distance
  | bills from calls to, for instance India, get re-rated to
  | several dollars.
  | 
  | Wondered how accurate the accounting could possibly be with so
  | many inaccurate and fungible dollar amounts floating around.
  | 
  | Edit to add- years later I was working as an HVAC service
  | technician and had to do some work at cell phone towers, server
  | locations (wasn't really server farms back then), and phone
  | agent locations for all cell phone carriers in Albuquerque, NM.
  | 
  | It felt surreal to see bow fast and far the companies had
  | gotten in only a few short years. Companies (especially ATT)
  | that couldn't figure out basic things about computers were at
  | the cutting edge of like all the technology they used. ACs were
  | top of the line Lieberts, they had _all_ proprietary software
  | on everything. The super remote cell phone towers had AC,
  | power, storage, and communications redundancy. Their security
  | had been beefed up to top tier. Contractors all needed top tier
  | security clearance now.
  | 
  | I don't know if it was the Kevin Mitnick generation of phone
  | phreaks, hackers, and social engineering, or the world in
  | general, or a change in CEO but it was kind of like watching
  | the titanic become some super-advanced space-faring time-
  | warping ship.
  | 
  | That had kinda given me hope that- damn, maybe we can enter the
  | new age jumping in with both feet. As a kid it felt like
  | progress had been so slow!
 
    | WalterBright wrote:
    | > But if he hadn't been nice what would have happened?
    | 
    | I would have tried to negotiate a deal. If that failed, I
    | would have abandoned making a C++ compiler.
    | 
    | Consider that at the time C++ and ObjectiveC were neck and
    | neck, judging by the message volume on newnews. I rejected
    | doing O-C because Stepstone demanded royalties for
    | implementing it.
    | 
    | When Zortech C++ was released, an inexpensive native C++
    | compiler that was well-adapted to the 16 bit DOS model, C++
    | took off, and O-C sputtered and died. If AT&T had also
    | demanded royalties, C++ would have been a failure, as cfront
    | was not very practical.
    | 
    | 90% of programming in those days was done on DOS, and Zortech
    | C++ was top of the heap. If I may say so, Zortech C++ gave
    | C++ the critical mass it needed to surge ahead.
    | 
    | My partner made the mistake of telling Eugene Wang of Borland
    | how well ZTC++ was selling, and from the look on Eugene's
    | face I knew we'd made a big mistake. Borland did an abrupt
    | change in direction and went all in on Turbo C++. And the
    | rest, as they say, is history. Microsoft also soon abandoned
    | its object extensions to C and went with C++.
 
      | skissane wrote:
      | > Microsoft also soon abandoned its object extensions to C
      | and went with C++.
      | 
      | Anyone have any info on what those abandoned Microsoft
      | extensions were?
 
      | sirsinsalot wrote:
      | Thank you for giving these details. I feel like AI is the
      | next step in some kind of implementation war after
      | languages and then browsers.
 
        | ianai wrote:
        | Does C++ have much of an AI/ML implementation? I saw
        | something recently about the language missing a good
        | AI/ML framework since there was no way to do proper
        | differentiation (might be the wrong term, sorry).
 
        | rawbot wrote:
        | dlib is pretty good: http://dlib.net/
 
        | doovd wrote:
        | This doesn't make much sense, for two reasons: 1. Various
        | ML libraries are implemented in C++ and have wrappers for
        | respective interpreted languages. 2. Given higher-level
        | languages can do auto-diff, c++ as a lower-level language
        | is likely to be able to do it (and it can).
        | 
        | It just doesn't have as popular libraries such as
        | python/R etc given the latter are far easier to work with
        | + lower barriers for entry.
 
        | umanwizard wrote:
        | PyTorch is written in C++ and has a C++ API (although the
        | most famous API is -- as the name suggests -- the Python
        | one).
 
      | chiph wrote:
      | My graphics class instructor was Jack Bresenham. The class
      | was given in Borland's Turbo Pascal, but I asked for
      | permission to write my code in the then-new Turbo C++
      | (since Jack knew C, I was sure he'd allow it).
      | 
      | It came time to demo our work. Everyone else's code ran at
      | least 5 times faster than mine. How could this be? Well,
      | the Turbo C++ compiler was on the "immature" side at that
      | time and produced really inefficient binaries. While the
      | Borland Pascal compiler was mature and created code that
      | ran really quite fast. Lesson learned. :)
 
        | 0xcde4c3db wrote:
        | That's what you get for not having the foresight to pick
        | the compiler written by the guy who would go on to create
        | C# and TypeScript [1].
        | 
        | [1] https://en.wikipedia.org/wiki/Anders_Hejlsberg
 
        | vkazanov wrote:
        | Optimising compiler is not the same business as a
        | language implementation :-) related but not the same at
        | all
 
      | effingwewt wrote:
      | Man, it really is history. Crazy to think had things been a
      | little different how different would things be today. If
      | kid me knew one day I'd run across this in an online forum
      | I don't think I'd have believed it.
      | 
      | As others said- thanks for sharing the insights, made my
      | week.
 
        | WalterBright wrote:
        | It's the Butterfly Effect, for sure.
 
    | dekhn wrote:
    | One of my favorite tech books is 'The Idea Factory' which
    | covers various periods of innovation at (AT&T) Bell Labs,
    | including the creation of the first real cell phone
    | technology.
    | 
    | When I first got Pacific Bell (now part of AT&T) DSL in
    | California in the early 2000s, it was run by a seperate
    | division of the company, "Emerging Products Division". i
    | always assumed that was because the traditional side of
    | PacBell just didn't get digital at all and the leadership
    | kept them apart to avoid the innovator's dilemma.
 
      | effingwewt wrote:
      | Definitely going to give that a read. Now that you both
      | mention it, many BigCo's did have fragmented segments back
      | then, were I suppose now everything is helmed by the head
      | (Alphabet/Google).
      | 
      | Maybe it was some kind of turning point. Also about that
      | time did CEO age drop through the floor? They went from all
      | being ancient to mostly 40 and under somewhere along the
      | line.
      | 
      | Thanks for the book suggestion!
 
      | gumby wrote:
      | > When I first got Pacific Bell (now part of AT&T) DSL in
      | California in the early 2000s, it was run by a seperate
      | division of the company, "Emerging Products Division". i
      | always assumed that was because the traditional side of
      | PacBell just didn't get digital at all and the leadership
      | kept them apart to avoid the innovator's dilemma.
      | 
      | This technique had previously been used by IBM to the the
      | PC out: they built a whole division from scratch in Boca
      | Raton away from the IBM mother ship in NY
 
        | ianai wrote:
        | I definitely wish more recent tech had gone the
        | standardized way similar to how IBM standardized computer
        | building. We're into four decades of being able to build
        | PCs from customized/off the shelf parts because IBM
        | didn't go the "make it impossible"/proprietary route.
 
        | gumby wrote:
        | Actually that credit goes to COMPAQ. IBM used commodity
        | parts to save money but it was COMPAQ who famously cloned
        | the BIOS a and made IBM-alikes against IBM's wishes.
        | 
        | But by then the cat was out of the bag: IBM tried to
        | achieve a proprietary beachhead with Micro Channel (and
        | OS/2) but that added value for IBM, not the customer.
 
        | com2kid wrote:
        | Don't forget that Microsoft maintained momentum in this
        | area. MS loved having open standards because it let MS
        | pit OEMs against each other, causing hardware prices to
        | drop while Windows license prices stayed the same.
 
| ineedasername wrote:
| I asked a (great) boss I had once if we should get the legal
| department's opinion on something very minor. They had a great
| response, which was that nothing-- unless absolutely necessary by
| policy or significant risk-- should ever be given to them unless
| we wanted to wait 6 months for them to tell us "no".
| 
| YMMV based on the nature of issues your legal folks have to deal
| with on a regular basis. In our case, anything outside of
| standard contract review they had a reputation of being a
| nightmare to deal with.
 
  | mynameishere wrote:
  | The legal department is useful if your boss wanted to scuttle
  | something.
  | 
  | https://dilbert.com/strip/1993-01-31
 
  | iasay wrote:
  | That sounds like our purchasing department. AWS always gets
  | business first now because we don't have to raise a PO
 
  | james_in_the_uk wrote:
  | If you are doing something that isn't significantly risky and
  | isn't identified by policy as likely to give rise to a
  | significant risk, then you don't need to ask a company lawyer.
  | 
  | If you ask them anyway, it might take a while to get a reply,
  | because they'll be prioritising significant risks.
 
| anarchy89 wrote:
| Anyone know what the file format they used was?
 
  | pdw wrote:
  | It must have been an early version of AAC. Bell was involved
  | with that. And another message in the thread claims "the early
  | versions of the audio compression stuff were not quite is good
  | as the later versions (which became apples stuff)"
 
    | Maursault wrote:
    | Regarding the early formats' fidelity, the defense Napster
    | should have won with was that the plaintiff's assumption that
    | digital copies _were any good_ was false. The mp3s in
    | question were barely broadcast quality, thus sharing low
    | bitrate mp3 was not any different from sharing recordings of
    | broadcast radio, a legal activity.
 
  | MisterTea wrote:
  | PAC - Perceptual Audio Coder
  | 
  | https://en.wikipedia.org/wiki/Perceptual_Audio_Coder
  | 
  | https://marc.info/?l=9fans&m=111558697616455&w=2
 
| Bayart wrote:
| I wish I was as cool as Rob Pike.
 
| AlbertCory wrote:
| People questioning whether the lawyer really had the power to
| block this don't know how legal departments in big corporations
| work, as others have pointed out.
| 
| A lawyer usually cannot get in trouble for saying No. They can
| only get in trouble for saying Yes. They feel they're doing their
| jobs by saying No and they'll also use the phrase "out of an
| abundance of caution."
| 
| The lawyer's supervisor is _very_ rarely going to overrule him or
| her and say Yes. They will just say  "it's their case, they're in
| charge." They defer to each other that way.
| 
| This probably seems excessively cynical to you. Indeed it doesn't
| always turn out this way. Sometimes rationality prevails.
 
  | tgv wrote:
  | It's called liability, isn't it? Lawyers only go out of their
  | way to rationalize something when it's deemed profitable.
 
  | pmoriarty wrote:
  | The question that should be asked is not "can we do this?" but
  | "what do we need to do to make this happen?"
 
    | s3ctor8 wrote:
    | This holds true for a number of situations where approval is
    | required. For me it's particularly helpful when looking for
    | IT/Information Security approval. "What actions/precautions
    | do you recommend I take, so that you will approve this when
    | you are asked to (and we are implementing a secure
    | solution)?"
 
  | userbinator wrote:
  | _A lawyer usually cannot get in trouble for saying No. They can
  | only get in trouble for saying Yes. They feel they 're doing
  | their jobs by saying No and they'll also use the phrase "out of
  | an abundance of caution."_
  | 
  | Hence why the phrase "it's easier to ask for forgiveness than
  | permission" exists.
 
  | [deleted]
 
  | tlrobinson wrote:
  | I've found good corporate lawyers will summarize the risks of
  | taking some action and ask you (or higher up leadership) to
  | weight those against the business case for taking said action.
 
    | dekhn wrote:
    | Agreed, I worked with some very good lawyers at Google who
    | understood the technical details and the context outside of
    | corporate/industry. It wasn't always default 'no', especially
    | if you knew how to ask the questions properly. It was default
    | 'maybe and here's why'.
 
      | AlbertCory wrote:
      | In fact, I was in Google Patent Litigation, and that's
      | largely where that came from.
      | 
      | But you're right: you have to prepare the ground very
      | carefully when you ask for legal advice. If you just ask
      | out of the blue "can we do this?" you're asking for
      | trouble.
 
    | CWuestefeld wrote:
    | Agreed. When I deal with our legal counsel, I often try to
    | draw him out to determine how I need to prioritize my team's
    | work. Generally he declines to give me any firm yes or no,
    | and just tells me where he sees risks.
 
    | [deleted]
 
  | duxup wrote:
  | The few times I was involved in "we should ask legal"
  | situations and it wasn't the most obvious yes... I just checked
  | out after that as some legal drone always came back with some
  | "no" and sometimes some really wonky situations they made up
  | that frankly read more like some random internet legal expert
  | rather than someone with training.
 
    | AlbertCory wrote:
    | Yes, indeed. I could tell a great story, but just doing that
    | would _itself_ violate a No some lawyer gave me.
 
  | dctoedt wrote:
  | > _A lawyer usually cannot get in trouble for saying No. They
  | can only get in trouble for saying Yes._
  | 
  | This. AND: There's seldom if ever much near-term _personal_
  | upside for the lawyer, just downside if things go wrong --- and
  | lawyers are a natural target for business people to point the
  | fingers at if things do go wrong, because they 're of different
  | tribes.
  | 
  | Warren Buffett's longtime business partner Charlie Munger
  | famously said, "Never a year passes but I get some surprise
  | that pushes a little further my appreciation of incentive
  | superpower. * * * Never, ever, think about something else when
  | you should be thinking about the power of incentives." [0]
  | 
  | That said, _good_ business lawyers think of themselves as kinda
  | being business people with legal training, assessing _all_ the
  | relevant risks and making recommendations for the business. (I
  | tell my students: Try to think as though you were the CEO --
  | but remember that you 're not.)
  | 
  | https://perma.cc/LNG7-JG6Y.
 
| Beldin wrote:
| That comment about the stack of CDs mysteriously disappearing
| right from under the presenter's nose while he kept on fiddling
| with his slides is hilarious.
 
| [deleted]
 
| nailer wrote:
| There was also VQF from Yamaha, people seriously had discussions
| on whether MP3 or VQF would become the dominant format.
| 
| Oh also Fraunhofer uploaded the mp3 source to the ISO website for
| years with no license, let the community build on it for years (I
| feel like they knew) and then asked everyone for a minimum of 10K
| USD.
 
  | RajT88 wrote:
  | VQF was indeed better. Smaller files, same fidelity.
  | 
  | I cannot remember all of them now, but there was a few like
  | that.
 
  | kybernetyk wrote:
  | Fun fact: Apple's CoreAudio to this day can't output MP3. It
  | can read it fine just not write it. :)
 
  | bitwize wrote:
  | Even Bill Gates knows you let people pirate the product first,
  | then squeeze them for license fees.
 
| overeater wrote:
| This stories reminds me of the times before tech dominance, when
| programmers and innovators needed to get permission to do almost
| anything. Tech people were not allowed to run companies, or even
| manage people -- you needed MBAs for that.
| 
| Anything "disruptive" would be immediately shut down and
| threatened from the dominant industry. Anti-societal violence in
| video games were under constant protest (like the original Grand
| Theft Auto, or Mortal Kombat), and don't even think about trying
| to start a business like Uber or Spotify.
| 
| New file formats could be immediately crushed by IP concerns.
| Even web pages posting content about circumventing current
| systems or linking to sites like that were targeted. If you
| weren't a big player, you didn't have any way to accept money
| (besides asking people to mail you checks).
| 
| While tech is seen as too powerful now, I think it's at least
| nice that we no longer have the anxiety that plagued any idea or
| project in the past. You don't have to worry about going to jail
| for programming crypto code, or be unable to find a hosting
| provider for your website that shows scraped public data.
 
  | justinclift wrote:
  | > we no longer have the anxiety that plagued any idea or
  | project in the past.
  | 
  |  __cough__ Patents __cough__.
 
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