Path: utzoo!attcan!uunet!cs.utexas.edu!usc!pollux.usc.edu!papa
From: papa@pollux.usc.edu (Marco Papa)
Newsgroups: comp.sys.amiga
Subject: Re: PIRACY WARNING???
Keywords: Illegal, Pirate
Message-ID: <25207@usc.edu>
Date: 8 Jun 90 21:48:13 GMT
References: <6891@star.cs.vu.nl>
Sender: news@usc.edu
Organization: Felsina Software, Los Angeles, CA
Lines: 42

In article <6891@star.cs.vu.nl> gmreise@cs.vu.nl (Reisenstadt G M) writes:
[stuff deleted]
>The reason why I bring this up is an answer to a reader's letter in the
>german magazine "Amiga Special" which
>states that all the rights remain with the original copyright owner.
>It does not mention any law section, or something. Since I like xanth
>I thought I should bring this up, because I don't want it shut down or
>something...
>
>Question: IF, just IF there is NO ORIGINAL CODE in there, I mean no dis-
>          assemble, patch/update, re-assemble tricks but built from the
>          ground on up, are they legit?
>          And I am not talking of look-and-feel, thats-my-tm, thats-my
>          fileformat etc. but thats-my-copyright! 

Are you talking about reverse-engineering?  Reverse engineering is legal,
as long as trademarked names are not used (see Tetris/Tetrix clones) and
there is no "visual" copyright infringment.

>Question: So, IF it is a patched version, and you own ST 1.0 (I don't)
>          is it then legal to own a copy?

No. US courts have upheld the right to 1 (one) unmodified backup copy of
any software you buy.  There is NO right to modify the binary of software.
Patching copyrighted software for personal use is not legal, though
I doubt that the secret service will show up at your door if you do
have one of these :-)

Of course, if the patched copyrighted version is in a public place (like
xanth) the original copyright owner could easily sue.

>Maybe some other net.Marco ;-) may know this for the US law, but since there
>is some international aspect here (ST 1.0 = German program) it might
>be more complex. 

Since Germany belongs to the Berne Convention, the copy rights of a German
author are protected in the US.

-- Marco
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"Xerox sues somebody for copying?" -- David Letterman
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