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From: gemini@homxb.UUCP (Rick Richardson)
Newsgroups: net.legal,net.micro
Subject: Re: Modifying Copyrighted ROM's
Message-ID: <1036@homxb.UUCP>
Date: Thu, 19-Dec-85 03:25:01 EST
Article-I.D.: homxb.1036
Posted: Thu Dec 19 03:25:01 1985
Date-Received: Fri, 20-Dec-85 02:48:14 EST
References: <1019@homxb.UUCP>, <4712@alice.UUCP>
Organization: PC Research, Inc.
Lines: 30
Xref: watmath net.legal:2645 net.micro:13166

Hey you lawyers out there: Help this layman out:

I write:
>> I am curious as to the legality of taking a copyrighted ROM from my
>> own computer and making a copy of it (with changes) and then using this
>> new ROM in my computer (I had to do this to support an oddball disk on
>> my IBM PC/AT).  Did I do anything illegal (Egad!).

Andrew Koenig (a non-lawyer, too, responds:
>When you made a copy of the IBM ROM without their permission, you
>violated the copyright law.  Not only that, but you've admitted
>it. If IBM decides to sue you, I expect you won't have a chance.

>The law as I understand it is extremely simple:  you need permission
>from the copyright holder in order to make a copy of a copyrighted
>work.  Period.  It doesn't matter what you're using the copy for.
>A translation into another language is a copy.  A modification is also
>a copy.  So is a paraphrase.

My simplistic view is that I at least have the right to copy the ROM
for backup purposes.  After all, I can do that with software on other
media, such as floppy disks.  So I think making the unmodified copy
of the ROM is OK.  Now, I also think that it makes sense that I can
change the software to suit my own purposes.  I'm allowed to write in
books I own, aren't I?  I can tape myself singing to a record I own
(although, I might be violating noise pollution laws :-).
Isn't this "Fair Use".

Rick Richardson, PC Research, Inc. (201) 922-1134
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