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From: cseaman@sequent.UUCP (Chris "The Bartman" Seaman)
Newsgroups: comp.sys.apple2,comp.sys.amiga,comp.sys.ibm.pc.misc,misc.legal
Subject: Copywrongs?  (Was: Re: Do *NOT* reveal...)
Message-ID: <47639@sequent.UUCP>
Date: 1 Dec 90 00:45:26 GMT
References: <2655@ttardis.UUCP> <MWM.90Nov28173431@raven.relay.pa.dec.com> <1990Nov29.141216.1714@abcfd20.larc.nasa.gov>
Organization: Sequent Computer Systems, Beaverton, OR
Lines: 42

jcburt@ipsun.larc.nasa.gov (John Burton) writes:
< mwm@raven.relay.pa.dec.com (Mike (My Watch Has Windows) Meyer) writes:
< >In article <2655@ttardis.UUCP> rlw@ttardis.UUCP (Ron Wilson) writes:
< >   Furthermore, after talking to one of my lawyer's partners, specifically the
< >   partner who specilises in copyright law, I have found out that the term
< >   "essential step in the utilization" takes precedence over the "fair use"
< >   doctrine.  Therefore, since deprotecting is NOT an "essential step in the
< >   utilization" of a program, no such right is granted.
< >
< >If I consider a program unusable because of the copy protection, then
< >deprotecting it is _clearly_ an "essential step in the utilization" of
< >the program. At least it is to me.
< >
< unfortunately what you or I would consider unusable due to copy protection
< would more than likely NOT be considered unusable in the *legal* sense. i.e.
< just because I think its unusable doesn't mean it *is* unusable...:-(

OK, how about this scenario.  Copyright law entitles me to make a
backup copy of any software I purchase (or "license", as the case may
be).  In fact, it is essential (not just to me, but to the law) that I
be able to make a backup.  Copy protection prevents me from making a
backup; therefore, I am not gaining the full use of the product as
described by law.  In this case, I think that it *would* be considered
unusable in the legal sense.

< >Of course, my normal reaction to copy-protected software is to not buy [it.]

< I encourage others to NOT buy copy protected software...

Of course, there are execptions, such as when I receive something as a gift.
For example, I just received Turrican as a gift (thanks again, donw!), and
would feel like an ingrate if I returned it (not to mention that I *like*
Turrican).

Regards,
Chris

-- 
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