Path: utzoo!utgpu!jarvis.csri.toronto.edu!rutgers!gatech!ncar!dinl!hull
From: hull@dinl.uucp (Jeff Hull)
Newsgroups: comp.binaries.ibm.pc.d
Subject: Re: ZOO
Summary: We can legally write our own ARC-format de-archivers.
Message-ID: <1043@dinl.mmc.UUCP>
Date: 13 Jun 89 16:15:52 GMT
References: <999@cbnewsh.ATT.COM> <120800003@silver> <7525@bsu-cs.bsu.edu> <2304@uwovax.uwo.ca> <2571@cveg.uucp>
Reply-To: hull@dinl.UUCP (Jeff Hull)
Organization: Martin Marietta I&CS, Denver CO.
Lines: 30

In article <2571@cveg.uucp> jms@hcx.uucp (Michael Stanley) writes:

>Ah come on.  Lets not nitpick!  It doesn't matter EXACTLY what the courts
>decide, the MEANING behind the man's original statement was that WE can't
>write programs which can access ARC format archives without SEA's permission.

Not true, Michael.  You or I or anyone else is legally free to write
his or her own program to de-archive files from an ARC-format archive
without SEA's permission provided: (1) we do not make commercial use of the
program; and (2) we do not use any SEA-developed, proprietary software
in or as the basis of our program.  We could also legally give copies
of the program to anyone we wish.

These rights are well-established by statute and precedent.

Of course, SEA has the right to challenge, in court, any behavior they
feel is detrimental to their (corporate) well-being and we would have
the right to defend our behavior.  Of course, this costs money and
since, in the scenario I have described, there is no financial benefit
to us we would have to question whether this is a worthwhile
expenditure of our resources.  I suspect this had a lot to do with
the outcome of the SEA-PK court case.  Of course, it is possible that
PK could not PROVE to the court that his archivers met condition (2)
described above.
-- 
Blessed Be,

Jeff Hull         ...!ncar!dinl!hull
1544 S. Vaughn Circle	303-750-3538	It was great when it all begaaaaan,
Aurora, CO 80012			I was a regular <USENET> faaaan, ....