Bruce Sterling - The Hacker Crackdown

AT&T nevertheless invented the UNIX operating system. And somehow AT&T managed to make UNIX a minor source of income. Weirdly, UNIX was not sold as computer software, but actually retailed under an obscure regulatory exemption allowing sales of surplus equipment and scrap. Any bolder attempt to promote or retail UNIX would have aroused angry legal opposition from computer companies. Instead, UNIX was licensed to universities, at modest rates, where the acids of academic freedom ate away steadily at AT&T's proprietary rights.

Come the breakup, AT&T recognized that UNIX was a potential gold-mine. By now, large chunks of UNIX code had been created that were not AT&T's, and were being sold by others. An entire rival UNIX-based operating system had arisen in Berkeley, California (one of the world's great founts of ideological hackerdom). Today, "hackers" commonly consider "Berkeley UNIX" to be technically superior to AT&T's "System V UNIX," but AT&T has not allowed mere technical elegance to intrude on the real-world business of marketing proprietary software. AT&T has made its own code deliberately incompatible with other folks' UNIX, and has written code that it can prove is copyrightable, even if that code happens to be somewhat awkward -- "kludgey." AT&T UNIX user licenses are serious business agreements, replete with very clear copyright statements and non- disclosure clauses.

AT&T has not exactly kept the UNIX cat in the bag, but it kept a grip on its scruff with some success. By the rampant, explosive standards of software piracy, AT&T UNIX source code is heavily copyrighted, well-guarded, well-licensed. UNIX was traditionally run only on mainframe machines, owned by large groups of suit-and- tie professionals, rather than on bedroom machines where people can get up to easy mischief.

And AT&T UNIX source code is serious high-level programming. The number of skilled UNIX programmers with any actual motive to swipe UNIX source code is small. It's tiny, compared to the tens of thousands prepared to rip-off, say, entertaining PC games like "Leisure Suit Larry."

But by 1989, the warez-d00d underground, in the persons of Terminus and his friends, was gnawing at AT&T UNIX. And the property in question was not sold for twenty bucks over the counter at the local branch of Babbage's or Egghead's; this was massive, sophisticated, multi-line, multi-author corporate code worth tens of thousands of dollars.

It must be recognized at this point that Terminus's purported ring of UNIX software pirates had not actually made any money from their suspected crimes. The $300,000 dollar figure bandied about for the contents of Terminus's computer did not mean that Terminus was in actual illicit possession of three hundred thousand of AT&T's dollars. Terminus was shipping software back and forth, privately, person to person, for free. He was not making a commercial business of piracy. He hadn't asked for money; he didn't take money. He lived quite modestly.

AT&T employees -- as well as freelance UNIX consultants, like Terminus -- commonly worked with "proprietary" AT&T software, both in the office and at home on their private machines. AT&T rarely sent security officers out to comb the hard disks of its consultants. Cheap freelance UNIX contractors were quite useful to AT&T; they didn't have health insurance or retirement programs, much less union membership in the Communication Workers of America. They were humble digital drudges, wandering with mop and bucket through the Great Technological Temple of AT&T; but when the Secret Service arrived at their homes, it seemed they were eating with company silverware and sleeping on company sheets! Outrageously, they behaved as if the things they worked with every day belonged to them!

And these were no mere hacker teenagers with their hands full of trash-paper and their noses pressed to the corporate windowpane. These guys were UNIX wizards, not only carrying AT&T data in their machines and their heads, but eagerly networking about it, over machines that were far more powerful than anything previously imagined in private hands. How do you keep people disposable, yet assure their awestruck respect for your property? It was a dilemma.

Much UNIX code was public-domain, available for free. Much "proprietary" UNIX code had been extensively re-written, perhaps altered so much that it became an entirely new productК-- or perhaps not. Intellectual property rights for software developers were, and are, extraordinarily complex and confused. And software "piracy," like the private copying of videos, is one of the most widely practiced "crimes" in the world today.

The USSS were not experts in UNIX or familiar with the customs of its use. The United States Secret Service, considered as a body, did not have one single person in it who could program in a UNIX environment -- no, not even one. The Secret Service *were* making extensive use of expert help, but the "experts" they had chosen were AT&T and Bellcore security officials, the very victims of the purported crimes under investigation, the very people whose interest in AT&T's "proprietary" software was most pronounced.

On February 6, 1990, Terminus was arrested by Agent Lewis. Eventually, Terminus would be sent to prison for his illicit use of a piece of AT&T software.

The issue of pirated AT&T software would bubble along in the background during the war on the Legion of Doom. Some half-dozen of Terminus's on-line acquaintances, including people in Illinois, Texas and California, were grilled by the Secret Service in connection with the illicit copying of software. Except for Terminus, however, none were charged with a crime. None of them shared his peculiar prominence in the hacker underground.

But that did not meant that these people would, or could, stay out of trouble. The transferral of illicit data in cyberspace is hazy and ill-defined business, with paradoxical dangers for everyone concerned: hackers, signal carriers, board owners, cops, prosecutors, even random passers-by. Sometimes, well-meant attempts to avert trouble or punish wrongdoing bring more trouble than would simple ignorance, indifference or impropriety.

Terminus's "Netsys" board was not a common-or- garden bulletin board system, though it had most of the usual functions of a board. Netsys was not a stand-alone machine, but part of the globe-spanning "UUCP" cooperative network. The UUCP network uses a set of Unix software programs called "Unix-to-Unix Copy," which allows Unix systems to throw data to one another at high speed through the public telephone network. UUCP is a radically decentralized, not-for-profit network of UNIX computers. There are tens of thousands of these UNIX machines. Some are small, but many are powerful and also link to other networks. UUCP has certain arcane links to major networks such as JANET, EasyNet, BITNET, JUNET, VNET, DASnet, PeaceNet and FidoNet, as well as the gigantic Internet. (The so-called "Internet" is not actually a network itself, but rather an "internetwork" connections standard that allows several globe-spanning computer networks to communicate with one another. Readers fascinated by the weird and intricate tangles of modern computer networks may enjoy John S. Quarterman's authoritative 719-page explication, *The Matrix,* Digital Press, 1990.) A skilled user of Terminus' UNIX machine could send and receive electronic mail from almost any major computer network in the world. Netsys was not called a "board" per se, but rather a "node." "Nodes" were larger, faster, and more sophisticated than mere "boards," and for hackers, to hang out on internationally-connected "nodes" was quite the step up from merely hanging out on local "boards."

Terminus's Netsys node in Maryland had a number of direct links to other, similar UUCP nodes, run by people who shared his interests and at least something of his free-wheeling attitude. One of these nodes was Jolnet, owned by Richard Andrews, who, like Terminus, was an independent UNIX consultant. Jolnet also ran UNIX, and could be contacted at high speed by mainframe machines from all over the world. Jolnet was quite a sophisticated piece of work, technically speaking, but it was still run by an individual, as a private, not-for-profit hobby. Jolnet was mostly used by other UNIX programmers -- for mail, storage, and access to networks. Jolnet supplied access network access to about two hundred people, as well as a local junior college.