Re: n...

[CUTblakeney@home.com (Jeff Blakeney)]

On Tue, 07 Dec 1999 05:21:09 -0600, Rubywand <rubywand@swbell.net>
wrote:

>     Apple, Inc has, as far as I know, made no official public declaration that
>its IIgs ROM code is public domain which may now be freely transferred to other
>machines. Applying the same standard you use for Asimov, moving the ROM code is
>"theft" and is "illegal".

I knew I should have stayed out of this thread.  Oh well.  :-/

ROM code is a bit of a legal gray area and has been for a very long
time.  However, in my case, I don't think I've done anything wrong but
I suppose I should check into it some day.  Software copyright law
allows one to make a backup of a piece of software and a ROM chip is
just a different storage media for software.  All I've done is made a
backup of the ROM code from two of the machines I have sitting here on
a shelf.  When I use an emulator, I'm not using the real machine that
the ROM was backed up from so in essence, the ROM in the emulator
becomes the original and the ROM in the machine sitting on the shelf
becomes the backup.

Keep in mind that I'm also not distributing my backup copy like Asimov
does.  I've made a backup copy for my own personal use.

>     All of those "Read Before Opening" envelopes with the diskettes inside had
>clearly printed use license restrictions which "By opening this envelope" you
>agreed to. (Sometimes, the restrictions were printed on an "Important! Read
>This First!", etc. card.)  These restrictions usually limit use of the software
>to the computer for which it was released.

I have never seen a piece of software that was purposely restricted
for use on only one model of Apple II.  Many of the later 8 bit
releases said "For use with Apple IIe/c and IIgs" and I don't think
I've ever seen a IIgs program even state which ROM version it was for.
I've seen some that say ROM 01 minimum required but not "Only for use
on an Apple IIgs with ROM 01."

>     According to the standard you apply to Asimov, your real IIgs hard drive
>partitions is where the software "legally" belongs-- _not_ some weird
>non-Apple2 machine running a "pirate" emulator.

If the software is hard drive installable, I can install it on any
Apple II or compatible I own that is capable of running it.  This
means I can install CopyIIPlus on a hard drive for my IIe, my Laser
128EX, my IIgs or one of my emulators.  Emulators are pieces of
software that make another computer into an Apple II compatible.

This raises another gray area that I need to check into again some
day.  If you only have a single copy license then you are only allowed
to use the software once.  I believe the law allows you to install it
on more than one of your own machines provided you never use the
software at the same time on more than one machine.

>     In fact, if you have modified a piece of old IIgs software to run on a ROM
>3 IIgs or converted any diskette software to run on hard disk it is a near
>certainty that you have (as you would say) "illegally" violated the use
>restrictions to which you agreed.

Only if the restrictions say you can't modify the program in any way.
Often the patches that came out to overcome these problems were
released by the company/individual who made the software or were
condoned by the company/individual.

However, we again get to the personal use versus distributing again.
If you modify a program and distribute it, you are definitely doing
something illegal but if you are modifying a program for your own
personal use, then I believe the law says you are okay.  After all,
you own that piece of software.  Whether you decide to use it as is,
modified slightly or erase the disk altogether is up to you.  Just
don't go distributing it.

>     The point should be clear: it is impossible to use any computer, let alone
>an emulator, without taking a few common sense liberties.

Well, to repeat my point again, if you do take liberties that go
against established law, you should at least admit that you are
breaking the law.  My biggest beef is people who keeping going around
trying to convince people that they aren't breaking the law and that
what they are doing is perfectly legal.

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