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From: hes@ecsvax.UUCP (Henry Schaffer)
Newsgroups: net.micro
Subject: Re: Modifying Copyrighted ROM's
Message-ID: <975@ecsvax.UUCP>
Date: Sun, 22-Dec-85 14:12:04 EST
Article-I.D.: ecsvax.975
Posted: Sun Dec 22 14:12:04 1985
Date-Received: Wed, 25-Dec-85 00:55:15 EST
References: <281@ius2.cs.cmu.edu> <4729@alice.UUCP>
Organization: NC State Univ.
Lines: 32

> > Isn't there a 'fair use' provision in the copyright law?
> 
> It is my sincere belief that the concept of "fair use" was thrown out
> when the copyright law was rewritten in 1968.

   I am quite sure that the current law retains "fair use" provisions.
> 
> 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."

   My impression is that the copyright law does allow you to make a
backup - but that a license agreement can take that right away from
you (more exactly - allow you to give up that right as a condition to
obtaining the license.)
  Copyright law certainly doesn't prohibit you from re-selling a book
that you bought.  However the license agreement for software may prohibit
you from reselling the software (more exactly - prohibit transfer of the
license.)
  Such prohibitions are explicitly provided for in the Illinois Software
License Enformcement Act, Section 4.  These prohibitions can also
include making derivative works.
> 
> 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.
   
  Maybe ROMs in machines will start coming with license agreements!
--henry schaffer