Path: utzoo!attcan!uunet!lll-winken!ames!mailrus!tut.cis.ohio-state.edu!ucbvax!UCONNVM.BITNET!SEWALL From: SEWALL@UCONNVM.BITNET (Murph Sewall) Newsgroups: comp.sys.apple Subject: Re: ROM copyrights Message-ID: <8905051536.aa04481@SMOKE.BRL.MIL> Date: 5 May 89 19:44:33 GMT References: Sender: daemon@ucbvax.BERKELEY.EDU Organization: The Internet Lines: 37 >I checked with the copyright office, and they said that the owner of a >copyrighted product is allowed, per the Copyright Act, to make a backup copy >of the software. True as far as it goes. HOWEVER, you may be surprised to know that you don't OWN much of your commercial software (I'm not to sure about the ROM code as I haven't checked the fine print in all that paper Apple sends with the computer). Instead, you are legally a 'licensee' AND licensees are NOT allowed the privledge of archiival copies. It has been pointed out (by some pretty good lawyers as well as laymen like you and me) that the fine legal distinction between licensed vs owned software on a disk (that you DO own) is one not likely to be made or readily accepted by the 'uninvolved third person' (in the sense of English common law) and therefore may not be enforceable. It's a legal issue no one seems enthusiastic about putting to a court test (software vendors take the position that you are NOT allowed an archival copy but aren't about to sue you over the issue because they figure the value of winning is less that the cost of losing times the possibility that the courts will rule you have the right of ownership after all -- as in the case of the Sony VCR decision where the courts ruled that keeping an archival copy of a television program is "fair use"). I'm not a lawyer; so I disclaim any responsibility for any inept interpretation, misremembering, or misapplication of laws, precedents, or legal principles (just so I don't get sued for malpractice, malfeasence, or failing to practice enough). Murph Sewall Vaporware? ---> [Gary Larson returns 1/1/90] Prof. of Marketing Sewall@UConnVM.BITNET Business School sewall%uconnvm.bitnet@mitvma.mit.edu [INTERNET] U of Connecticut {psuvax1 or mcvax }!UCONNVM.BITNET!SEWALL [UUCP] (203) 486-5246 [FAX] (203) 486-2489 [PHONE] 41 49N 72 15W [ICBM] -+- I don't speak for my employer, though I frequently wish that I could (subject to change without notice; void where prohibited)