> IANAL. When I was at IBM and working on the (then) new PowerPC 32-bit ELF ABI supplement, we (the now defunct
power.org) ran into this issue. We wanted to start from the pre-existing SysV ABI PowerPC Processor Supplement which was originally a joint document copyright IBM and SUN Microsystems.
>
> Unfortunately, this was during the acquisition of SUN Microsystems by Oracle and our attempts to contact them came to naught due to the chaos of converging companies.
>
> More troubling, there were sections of the psABI that "shared text" with the gabi (System V Application Binary Interface). Considering SCO's litigious nature at the time it was considered very risky to attempt to derive from the existing psABI supplement at all.
>
> In an abundance of caution, we found no alternative other than to write an entirely new document from scratch (released under the GFDL 1.3 to prevent this from happening again and to provide clean provenance going forward)
>
> We were advised that the only thing that could be reused were statements of fact, i.e., tabular data (lists of fields, etc)
>
> In the end we cross checked against the original document for consistency.
>
> Given SCO/Xinuos's litigious past, deriving from something clearly marked "All rights reserved" that expressly states "Copyright infringement is a serious matter under the United States and foreign Copyright Laws" without a copyright grant seems unwise.
Yes, SCO had a reputation for being litigious, but I think Xinuos has
done their best to distance themselves from that.
Regardless of SCO's reputation, your lawyers' advice was sound (as one
would expect at IBM!). Corporate legal departments do get accused of
being overly cautious at times, but I don't think this was a case of
being overly cautious at all. Those materials were copyrighted, and
even a non-litigious company will want to defend its IP (a public
company has a duty to its shareholders to do so).
In fact, I went through the very same process in documenting the HP-UX
ABI: I started from scratch and cross-checked. Unfortunately, all that
material I wrote remained under an HP copyright. That's the material
that Suprateeka is now working to release under a more permissive
license.
I'll have more to say on the future of the gABI documentation in a new post.
-cary