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From: ark@alice.UucP (Andrew Koenig)
Newsgroups: net.legal,net.micro
Subject: Re: Modifying Copyrighted ROM's
Message-ID: <4729@alice.UUCP>
Date: Sat, 21-Dec-85 12:00:31 EST
Article-I.D.: alice.4729
Posted: Sat Dec 21 12:00:31 1985
Date-Received: Sun, 22-Dec-85 01:03:35 EST
References: <281@ius2.cs.cmu.edu>
Organization: Bell Labs, Murray Hill
Lines: 20
Xref: watmath net.legal:2663 net.micro:13230

> Isn't there a 'fair use' provision in the copyright law?
> (For example archival backup copies of computer software (like LOTUS 1-2-3)
> are generally OK, (except in Illinois, apparently)).
> IBM would be generating bad publicity if they sued a poor fellow who
> needed to modify their ROM just to get his PC to work.
> This is like a public-domain patch to WordStar, in my opinion.

It is my sincere belief that the concept of "fair use" was thrown out
when the copyright law was rewritten in 1968.

And as for making archival backup copies of computer software: no you can't
do it legally unless the your agreement with the vendor gives you permission.
(IBM's standard software license agreement explicitly allows you to
"copy the program into any machine readable or printed form for backup
or modification purposes in support of your use of the program
on [a] single machine."

Perhaps this policy applies to ROMs also.  In that case, it's OK for
you to copy it for modification purposes, but not because you have
any legal right to do so.