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From: jeff@rtech.UUCP (Jeff Lichtman)
Newsgroups: net.legal,net.micro
Subject: Re: Modifying Copyrighted ROM's
Message-ID: <795@rtech.UUCP>
Date: Sat, 21-Dec-85 00:50:48 EST
Article-I.D.: rtech.795
Posted: Sat Dec 21 00:50:48 1985
Date-Received: Mon, 23-Dec-85 04:25:56 EST
References: <1019@homxb.UUCP>
Organization: Relational Technology, Alameda CA
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Xref: watmath net.legal:2664 net.micro:13243

> 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!).  What if a friend
> who also owns a copy of the original ROM wants a copy of the new ROM.
> Can I give him one?
> 
> Rick Richardson, PC Research, Inc. (201) 922-1134

"The Copyright Book" by William S. Strong (The MIT Press) is an excellent
explanation of copyright law for the lay person.  According to Strong,
copyright law permits an owner of a computer program to make object code
copies of it for his or her own use.  One is not allowed to transfer the
copy to another person unless one also transfers ones rights in the original
program.  One is allowed to make backup copies of a program, as long as one
destroys those copies when he or she loses the rights to the program.

If you make mods to an IBM ROM, you are making a derivative work.  The law
doesn't consider derivative works to be entirely new.  The only extra right
you gain from a derivative work is copyright on the portion that you
contributed.  IBM still has copyright on their contribution to your modified
ROM, and you would need their permission to give it or a copy to a friend.

I really recommend Strong's book.  He is a good writer who makes fine
distinctions seem easy and sensible.
-- 
Jeff Lichtman at rtech (Relational Technology, Inc.)
"Saints should always be judged guilty until they are proved innocent..."

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