Path: utzoo!attcan!uunet!decwrl!ucbvax!hplabs!well!mingo From: mingo@well.sf.ca.us (Charles Hawkins Mingo) Newsgroups: comp.sys.next Subject: Re: Mac emulator Message-ID: <21421@well.sf.ca.us> Date: 31 Oct 90 02:00:30 GMT References: <3713.272b0e5d@cc.helsinki.fi> <1990Oct29.164632.12639@cunixf.cc.columbia.edu> <2883@lectroid.sw.stratus.com> Organization: Whole Earth 'Lectronic Link, Sausalito, CA Lines: 40 In article <2883@lectroid.sw.stratus.com> jmann@angmar.sw.stratus.com (Jim Mann) writes: >In article <1990Oct29.164632.12639@cunixf.cc.columbia.edu>, >es1@cunixb.cc.columbia.edu (Ethan Solomita) writes: >|> Actually using the real version is illegal because >|>Apple's System Software License Agreement specifically forbids >|>running the Apple System on an emulator. This means that all >|>emulators of the Mac which don't re-write the system software >|>will be illegal. > >I wonder if that part would hold up in court? While it seems in line >with copyright laws for a company to be able to say "It is illegal for >you to copy this" it does not seem reasonable for them to be able to say >"And you may only use it on this hardware." If I buy a Sears electric >screwdriver, they may be able to tell me I can't duplicate it and sell it, >but they can't tell me I can only use it on Sears screws. Ah, but Sears is selling you the screwdriver; Apple is only selling you a license to use their software. Courts have readily recognized most conditions placed on software licenses (for example, prohibiting nonarchival copies; requiring it to be run on a single CPU at a time, etc.). Its only reasonable for Apple to restrict system software to their CPU's, as they put a lot of work in it, and they give it away. It's only purpose is to sell more macs. >However, I don't know that there is anything else at all like the >software/hardware relationship out there. Think of prerecorded videotapes, which also involve a limited license. You can't (legally) duplicate them, charge admission for a screening, or rent them out (special versions sold to video staors have different license). Copyright law is frequently updated, and is specifically designed to cover computer software. (For example, last month Congress was debating bill to ban software rentals (a noncontroversial subject), but they couldn't agree whether Nintendo would be covered. Ergo, the bill died.) -- ______________________________________________________________________________ Charlie Mingo Internet: mingo@well.sf.ca.us 2209 Washington Circle #2 mingo@cup.portal.com Washington, DC 20037 CI$: 71340,2152 AT&T: 202/785-2089