Path: utzoo!attcan!utgpu!jarvis.csri.toronto.edu!mailrus!tut.cis.ohio-state.edu!ucbvax!hplabs!hp-sdd!megatek!eta!hollen
From: hollen@eta.megatek.uucp (Dion Hollenbeck)
Newsgroups: comp.sys.ibm.pc
Subject: Re: Legal to include Command.COM on disk of commercial s/ware
Message-ID: <712@megatek.UUCP>
Date: 28 Aug 89 15:24:25 GMT
References: <8908262022.AA00807@cunixd.cc.columbia.edu>
Sender: news@megatek.UUCP
Lines: 46

From article <8908262022.AA00807@cunixd.cc.columbia.edu>, by ia4@CUNIXD.CC.COLUMBIA.EDU (Imran Anwar):
> 
> 	PLACING A COPY OF COMMAND.COM ON S/WARE FOR SALE: LEGAL?
> 
> A friend of mine is developing a program for the IBM PC line but for it
> to be functional it has to have an uncorrupted Command.COM on the same
> disk.

I used to work for a software development company which required that
one of the disks be bootable.  The solution we used was as follows,
since it is strictly ILLEGAL to distribute any part of PC-DOS or MS-DOS
without licensing.

The trick is to let the user apply HIS copy of DOS, but you must leave
space for it on the disk.

Determine the version of PC/MS-DOS which is the BIGGEST currently being
marketed or previously marketed.  Format a floppy with that system,
making it bootable.  Use debug to read in the directory and patch
the entries for IBMBIO.SYS anmmd IBMDOS.COM to make them unhidden and
unsystem.  Write the directory back again.  Use debug to read each
of the files in, examine the CX register to see file length and use
the fill command with zeroes to wipe out the contents of the file.
Write the file back to the disk again.  Do this for each of the three
files.  Again read in the directory, re-hide and re-system the two
files (not COMMAND.COM).  Put the FORMAT command on this
disk.  This is now your master "system" disk.

When you go to produce your software, use your fake master system disk
and format /s another floppy disk.  It will transfer the "operating
system" to the newly formatted disk.  Now copy your software onto the
newly formatted disk.  Back to your trusty debug.  Read in the directory
sectors, patch the first character of the three system file names to
be 0xE5 and write the directory sectors back again.

What you have created is a disk with space for the operating system
on the disk.  The user can use the SYS command to place his copy
of DOS on it.  You cannot merely patch the directory entry to delete
the three files, you must also destroy THE CONTENTS or you are
in essence distributing DOS without license.  Our legal department
checked this out very thoroughly and this is why we had to go to these
lengths.
	Dion Hollenbeck             (619) 455-5590 x2814
	Megatek Corporation, 9645 Scranton Road, San Diego, CA  92121

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