Re: the status of Apple system software & vogon hypocrisy

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

But look at this section of the Copyright Act:

� 117. Limitations on exclusive rights: Computer programs
(a) Making of Additional Copy or Adaptation by Owner of
Copy.-Notwithstanding the provisions of section 106, it is not an
infringement for the owner of a copy of a computer program to make or
authorize the making of another copy or adaptation of that computer program
provided:

(1) that such a new copy or adaptation is created as an essential step in
the utilization of the computer program in conjunction with a machine and
that it is used in no other manner[.]


I would have to say that a reasonable interpretation of this section
provides at least some legal authority for an owner to use a ROM in the
manner described by Jeff.  What have you read indicating that "such uses are
explicitly prohibited and constitute a well established class of copyright
violation?"  Even if you construe this section differently (to refer to
"pre-caching" of CD-ROM programs to hard drive, e.g.),  such use of ROM code
by an owner of a copy of that code is certainly defensible as a fair use.
The courts have been fairly sympathetic to even wholesale takings by private
individuals when the copying is for personal use, as in Sony v. Universal
City Studios.


BTW, I read Jeff's post carefully, and he does *not* defend distribution of
copies of ROM code, and in fact, says just the opposite.  So, with regard to

    "What nonsense! There is nothing "gray" about Apple's ROM copyrights.
Lacking official verifiable permission from Apple, distributing it must be
viewed as a copyright violation."

Sounds like preaching to the choir to me ;-))


Frank Townsend
Baltimore, Maryland



Rubywand wrote in message <396046BF.2A71A70F@swbell.net>...
>
>Jeff Blakeney writes ...
>>
>> On Sat, 01 Jul 2000 03:28:50 -0500, Rubywand <rubywand@swbell.net>

<<snip>>

>> As to ROM code, we already know that it is a gray area but there is
>> absolutely no need for it to be distributed by anyone.  People who
>> don't own a specific model of Apple II don't have any legal right to
>> use the ROM code from that model.  If they do own that model then they
>> might be legally okay to use a ROM image with their emulator (this is
>> the gray area noted above).
>
>     What nonsense! There is nothing "gray" about Apple's ROM copyrights.
>Lacking official verifiable permission from Apple, distributing it must be
>viewed as a copyright violation.
>
>     As for machine ownership conveying the right to copy, transfer, and/or
>use the ROM code in some other machine-- not so. Such uses are explicitly
>prohibited and constitute a well established class of copyright violation.
>You own the ROM chip, _not_ the rights to the ROM code.