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From: dgary@ecsvax.UUCP (D Gary Grady)
Newsgroups: net.micro
Subject: Re: Another view on software protection
Message-ID: <312@ecsvax.UUCP>
Date: Mon, 26-Aug-85 13:04:56 EDT
Article-I.D.: ecsvax.312
Posted: Mon Aug 26 13:04:56 1985
Date-Received: Wed, 28-Aug-85 10:02:31 EDT
References: <890@vax2.fluke.UUCP> <199@ittral.UUCP>
Organization: Duke U Comp Ctr
Lines: 32

> [...]
> Some good points, but there's one thing to remember.  It is ILLEGAL to bundle
> the software with your hardware and refuse to sell it to anyone any other way.
> -- 
> Address: William P. Malloy, ITT Telecom, B & CC Engineering Group, Raleigh NC
>          {ihnp4!mcnc, burl, ncsu, decvax!ittvax}!ittral!malloy

It is true that IBM (at least) has been forced to "unbundle" its
operating system software so that firms like Amdahl could compete in the
hardware market.  However, I am fairly sure that this is a court order
operative against IBM, not other firms.  Note, for instance, that when
Apple sued Franklin for copying parts of the Apple ][ ROM, Franklin
attempted to get the court to buy a view similar to that taken against
IBM; that is that Apple's refusal to license its ROM software gave it an
unfair competitive advantage.  The court didn't buy it and Franklin is
now out of business.

I'm sure we can all think of other examples of software that cannot be
obtained unbundled.  The Yourdon newsletter once had a comment about a
very nice microprocessor that, the author lamented, was only available
bundled with a bomber (sort of a secure form of packaging...).

By the by, certain categories of copyrighted materials are subject to
mandatory licenses, with the royalty being fixed by a government agency
(the Copyright Royalty Tribunal, if memory serves).  The main example is
recorded music.  The idea is it is impractical for every jukebox owner
to independently negotiate with the artists and publishers.
-- 
D Gary Grady
Duke U Comp Center, Durham, NC  27706
(919) 684-3695
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