Re: What are the chances of a Replica II project?

["mdj" <mdj.mdj@gmail.com>]

Michael J. Mahon wrote:

> But many software licenses (like firmware) are restricted as to the
> class of hardware they can be used on.  For example, software licensed
> to be used on a 1MHz machine might be regarded as worthy of a higher
> licensing fee or as competing in a different market against other
> software offered by the licensor if it were run on a machine 1000 times
> faster.  A common case was the requirement for a different (more costly)
> license for running software on an MP vs. a uniprocessor.
>
> You may recall that Apple licensed DOS and ProDOS for distribution on
> third party disks *only* to be booted on an Apple II machine, and not
> to be copied onto another disk or otherwise further distributed!  Gad!

True - but in both those cases such restrictions are written into the
license. I've not even seen the end-user license for the Apple II
firmware, for any model.

Of course, using Apple's OS's on any non-Apple machine is a breach of
those licenses, and we do this every time we fire up an emulator.

> >>From a legality perspective, it's a lot sounder that emulators are, and
> > since there has been more than one commercial emulator product, I think
> > it's pretty safe.
>
> "Close" only counts in horseshoes and nuclear weapons.  ;-)  In the eyes
> of the "law" it's completely black or white.
>
> All of this gab is about legal technicalities, since no one will ever
> care unless the topic develops a significant "profile" on the radars
> of Apple's or Microsoft's legal staffs.
>
> Better just to forget any dream of "commercial use" and instead keep a
> low-profile and defensibly "fair use" posture.

That's the intention. I have no plans to ever distribute Apple II ROMs
with a product, and the way said product would use said ROMs is well
and truly within the bounds of fair use.

I am reminded of a software product ShapeShifter, that allowed Amiga
owners to run the Macintosh OS provided they owned a legal copy of the
Macintosh ROMs.

As is often the case, it's easier to ask for forgiveness than it is to
ask permission. If you actually went to the trouble of contacting
Apple/Microsoft for permission, you'd undoubtedly be told "no" (by
somebody who no doubt did not understand the issue). Equally likely,
producing such a product is quite safe, since the negative publicity
that would likely ensue from sueing a small or one man company over a
product that has not beed sold in 13 years isn't really worthwhile.

Matt