Re: the status of Apple system software & vogon hypocrisy

["Frank Townsend" <ftownsen@iamdigex.net>]

Yes.

The reason I asked the question is because Rubywand's argument (if I may be
so bold as to summarize :-) is that users that object to copyrighted
material on the FTP sites are hypocrites because at least some on those same
individuals feel that the use of ROM code in emulators is acceptable or a
gray area.

My argument was that the Copyright Act permits an owner of a computer
program to copy that program as an "essential step" in the use of the
program.

Rubywand argued that the language refers to software and not to ROM code,
and that is why I posed the question.

It may be of interest to read the 9th Circuit case SONY v CONNECTIX at

http://caselaw.findlaw.com/cgi-bin/getcase.pl?court=9th&navby=docket&no=9915
852

In this case, Connectix copied the BIOS code for the Sony PlayStation to use
in an emulator to observe the workings of the program.  Although Connectix
argued (as I have) that copying the ROM code is protected by section 117,
the court never relied on that rationale, instead ruling that the copying of
the ROM program into RAM was a protected fair use!!

Also, note the following from SEGA LTD. v. ACCOLADE (1992)

"Section 117 was enacted on the recommendation of CONTU, which noted that
"[b]ecause the placement of any copyrighted work into a computer is the
preparation of a copy [since the program is loaded into the computer's
memory], the law should provide that persons in rightful possession of
copies of programs be able to use them freely without fear of exposure to
copyright liability."

So, my conclusion is that an owner in rightful possession of a ROM may under
at least two theories (fair use, or authorization under section 117) use a
copy of that ROM to operate an emulator.

That being said, to distribute copyrighted ROM code on an internet/BBS site
or to download it is just as illegal as distributing or downloading any
copyrighted work, regardless of whether the software is sold on store
shelves any longer.

For the view of the Interactive Digital Software Association on copyright
and software piracy, here is their web site:

http://compactiongames.about.com/games/compactiongames/gi/dynamic/offsite.ht
m?site=http://www.idsa.com/piracy.html


Phoenyx wrote in message <39629577.EBB0C94E@dcnet2000.com>...

>Yes, and wasn't that an issue in the Apple vs Franklin case?