Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.2 9/18/84; site cca.UUCP
Path: utzoo!decvax!cca!dee
From: dee@cca.UUCP (Donald Eastlake)
Newsgroups: net.legal,net.micro
Subject: Re: Modifying Copyrighted ROM's
Message-ID: <5354@cca.UUCP>
Date: Wed, 18-Dec-85 14:20:37 EST
Article-I.D.: cca.5354
Posted: Wed Dec 18 14:20:37 1985
Date-Received: Fri, 20-Dec-85 00:39:32 EST
References: <1019@homxb.UUCP> <>
Reply-To: dee@cca.UUCP (Donald Eastlake)
Distribution: na
Organization: Computer Corp. of America, Cambridge
Lines: 29
Xref: cca net.legal:2260 net.micro:11633


There is nothing wrong with making a copy of a copyrighted work within
the fair use doctrine.  For example, you can make a copy of copyrighted
software you buy for your own back-up purposes (in the absense of
contract restrictions to the contrary).  You are also free to
arbitrarily modify the work for your own use.  You can modify an IBM rom
just like you can cut up a copyrighted book and paste pieces of it back
together with additions/deletions.  If your modifications are extremely
extensive, you may actually come up with a new work no longer subject to
the original copyright.  For example, if you compile a histograph of the
frequency of occurance of different byte values in the IBM rom, this
would be a new work which you could copyright, sell, etc., without
restrictions despite the copyright of the IBM original.  But it sounds
like you made relatively minor changes or additions and the unchanged
part is still fully subject to the IBM copyright.  The copyright holder
has the exclusive right to vend the work.  That is, they control the
first sale.  Thus you are directly violating IBM's copyright if you
create and sell something subject to the IBM copyright without IBM's
permission.  The copyright holder has no control (through copyright)
after the first sale so you are free to buy IBM roms, modify them
(leaving the IBM copyright notice and possibly adding one of your own
protecting your additions), and then re-sell them, unless restricted by
some contract with IBM, etc.

PS:	I'm not a lawyer.

-- 
	+1 617-492-8860		Donald E. Eastlake, III
	ARPA:  dee@CCA-UNIX	usenet:	{decvax,linus}!cca!dee