Source: FreeBSD Handbook
Around this time, some rather unexpected storm clouds formed on the horizon as Novell and U.C. Berkeley settled their long-running lawsuit over the legal status of the Berkeley Net/2 tape. A condition of that settlement was U.C. Berkeley's concession that large parts of Net/2 were “encumbered” code and the property of Novell, who had in turn acquired it from AT&T some time previously. What Berkeley got in return was Novell's “blessing” that the 4.4BSD-Lite release, when it was finally released, would be declared unencumbered and all existing Net/2 users would be strongly encouraged to switch.
What does the term encumbered code actually mean?