RE: A86: ROM Images


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RE: A86: ROM Images




Well, as Bryan said, the ROM is commercial, copyrighted software.  I'll use
this analogy:

I'm a Star Wars fan.  I went and saw the Special Edition when it was
released to theaters, and I personally bought the tapes when they come out.
Now, I've seen the movie several times since I was 4, so I usually only like
to watch certain parts (i.e., the new ones, the exciting ones, etc.).  I
might want to dub the tape so the original doesn't warp.  That's fair use.
I'm protecting my investment, I paid $45 for those tapes!

Just how would you defend me then /selling/ those tapes?  Why, I have the
originals, I can make as many copies as I want and sell them for $25 each!
I'd be rich!

First off, except for a very old VCR, I'm not worried about my tapes
warping, I've only watched the tapes through twice.  ;)  With /that/ out of
the way, the analogy is 'true.'

The SW trilogy and the ROM are both copyrighted.  While no one can stop me
from making a copy, I certainly can't distribute this!

The only way I can defend this is through 'stare decisis,' ("let the
decision stand') which is the way the U.S. court system works.  Since
copying and distributing copyrighted software is illegal (this is especially
relevant now with arcade and video game ROMs) in one case, it is illegal in
all cases.

However, if I bought the ROM license, and I copy it to my computer to
program with an emulator, I can't imagine that's considered illegal.  I
believe the current guide is the "book" analogy.  That is, I can use either
my calculator /or/ my emulator, but not both at the same time (a book can
not be read by two (or one) people at different locations at the same time).

I hope that's enough for you.  :)

Nathan
-----
Stuntman (Nathan Haines) - ICQ UIN#: 2157863
http://table.jps.net/~stuntman/nathan.html
QuickBASIC/Visual BASIC/TI-BASIC programmer (just your basic programmer)
President of Stuntworks - http://stuntworks.home.ml.org/


> -----Original Message-----
> From: owner-assembly-86@lists.ticalc.org
> [mailto:owner-assembly-86@lists.ticalc.org]On Behalf Of Thomas J. Hruska
> Sent: Sunday, November 15, 1998 10:26 PM
> To: assembly-86@lists.ticalc.org
> Subject: RE: A86: ROM Images
>
>
>
> At 08:31 PM 11/15/98 -0800, you wrote:
> >> Well, we ARE doing research!  We are researching how to make
> games for the
> >> TI graphing calculators and then writing games and matching
> the game code
> >> against the ROM to make sure it works, then beta testers do
> the exact same
> >> thing.  Therefore distributing the ROM IS legal since we are under the
> >> section of copyright law that deals with research.
>
> >Uh, WRONG!  Distributing the ROM cannot be legal under any circumstances.
>
> You can't just make a statement like this and leave us hanging.  Explain
> these "circumstances" that you speak of.  I specified the type of research
> that all of us programmers are doing, which makes the ROM legal to have.
> Distributing the ROM is therefore legal since everyone must be able to
> prove that the research that the programmers did is really true.  So,
> either end of the use of the ROM is legal under copyright law.  Now, tell
> me YOUR defense.
>
> I'm not trying to start a flame war, I'm just trying to get TI off our
> backs...which we would all like to happen.  The issue of ROM images needs
> to be settled with us on the legal winning side.  It is able to happen,
> only if our brilliant legal minds come together to create a solution.
>
> BTW, TI hasn't gone to court yet, but you never know when it will happen.
> We need to be ready to defend a fellow programmer, beta tester, etc. if
> such a case ever comes up.
>
>
>                  Thomas J. Hruska -- thruska@tir.com
> Shining Light Productions -- "Meeting the needs of fellow programmers"
>          http://www.geocities.com/SiliconValley/Heights/8504
>                     http://shinelight.home.ml.org
>


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