tinews.net Given Cease-and-Desist Letter by TI
Posted by Nick & Phil on 31 August 2000, 04:14 GMT
TI has requested, in a legal manner, that tinews.net stop using several of TI's copyrighted works on their page. Furthermore, they've requested that tinews.net change their name. tinews.net is not particularly pleased about this, and has, in response, posted this petition. We, the ticalc.org staff, remind you to post your comments in light of the comment posting guidelines, and to make them tasteful and logical. Thank you. Update (Nick): As you may have seen on tinews.net's home page, they are in the process of getting the matter cleared up with TI as we speak. They would like to thank everyone for their continued support during this ordeal.
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The comments below are written by ticalc.org visitors. Their views are not necessarily those of ticalc.org, and ticalc.org takes no responsibility for their content.
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Re: tinews.net Given Cease-and-Decist Letter by TI
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Gary Huyser
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I can understand taking the rom images off but wanting him to get rid of the domain name? They can't make him give up tinews.net. He payed for that site and if TI wanted it so that nobody could use it they should have bought it. Besides tinews was doing them a favor! This is just rediculus!
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31 August 2000, 03:39 GMT
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Re: Re: Re: Re: Re: tinews.net Given Cease-and-Decist Letter by TI
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zaphodchak
(Web Page)
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Slashdotting, a.k.a. the Slashdot Effect (click the URL) is a phenomenon related to bandwidth surges. When a site gets posted on Slashdot (http://slashdot.org) for being interesting or useful, it often experiences a leap in bandwidth, which, for a powerful server can mean popularity, or can gain exposition for an unknown site. The adverse effect is that ofhten these bandwidth surges are so great that sites are forced fo take some downtime, as many use up their allotted bandwidth. It tends to be remarkably effective, almost like an attack on the servers, but this way, they get some publicity before they go down... This has made a lot of people pretty angry, even people whose sites were posted in an innocent attempt of publicity. Thus, some people hate Slashdot, while others, like me, still love it.
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22 July 2003, 14:23 GMT
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Re: tinews.net Given Cease-and-Decist Letter by TI
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Scott Noveck
(Web Page)
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For those who aren't aware, TI is upset because TI-news has _already_ been given a cease-and-decist letter for the posting of ROMs, and after removing those once they have posted them again. TI doesn't see this "fan" site as a such positive force, and seeing as these ARE their trademarks, they have every right to do so.
And if TI really wants to be finicky, they can even demand that the phrase "Texas Instruments" be removed from the temporary shutdown page.
TI isn't doing this out of sprite, they're only trying to protect these ROMs that are, lest we forget, _commercial_ products. I know that I used my handy VTI for several months before getting my actual 89, and I wouldn't hold it above anyone to use an emulator rather than buy a calculator.
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31 August 2000, 03:43 GMT
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Re: tinews.net Given Cease-and-Decist Letter by TI
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compman32386
(Web Page)
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I don't see why TI is getting mad at people for distributing rom files. Here are a few reasons why:
1. It's not the actual calculator.
2. You didn't buy the rom, so it isn't illegal to distribute.
3. It's letting people see how the calculator works and how good it is for people to see if the really want the calculator or not.
4. TI will give old rom's to anyone who asks.
5. With the 89/92+, people get them to see if their programs will work with all the AMS', and it could be prevented by not screwing up ASM programs with the new AMS'.
So it itn't a matter of their doing something bad, but TI wants them to stop them in their selling of calculators. Another thing, TI has a monopoly of the AMS' on the 73/83+/89/92+ calculators, and we cannot put our roms on them without a special program. And since TI won't release their 512bit encryption codes to put AMS' on the calc, or tell us how to take them off, they are abusing their monopoly.
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31 August 2000, 04:03 GMT
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Re: Re: Re: tinews.net Given Cease-and-Decist Letter by TI
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calcfreak901
(Web Page)
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While you are correct that it was copyrighted material and the act was copyright infringement, the roms are no longer copyrighted, as they are now available from a place without their permission (at least I *think* that's how things fall into the public domain in the US).
While the purpose of tinews.net's infringement is debatable, I think it was more in the direction of ensuring program-AMS compatibility than in ROM pirating in and of itself. Until TI realizes that it was to further the usability of their calculators (which would increase the sales of their calcs by drawing more studuhnts (extrapolated from "induhviduals") to buy calcs for the sole purpose of the third-party programs available for them), rather than steal their property, they will have several very displeased (former) customers.
If TI continues this behavior, I'm switching from TIs to HPs! (OK, so I'll keep my 4 TIs, but will get as many HPs as I can, too (Oh great, then I'd need even more cargo pockets!))
e of pi and the unimatrix's 45.59985035114 copylefted cents
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1 September 2000, 02:22 GMT
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Re: Re: tinews.net Given Cease-and-Decist Letter by TI
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Ron!
(Web Page)
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*2. You didn't buy the rom, so it isn't illegal to distribute. *
Actually, I'm afraid you, or someone else did. Part of the cost of the calculator is tied up in the cost of devoloping the software for it. i.e. You didn't really think that the $120 or so you spent on your TI-86 all went to the hardware did you? I really hate to play devil's advocate here, but take a look at Mathmatica, or any other advanced math computer program. Someone really smart had to write that, and with that smarts, and time spent programming it, comes money, and probably lots (that's the amount Post-Doc's like). So, whoever bought the calculator, and posted the ROM to it, was indeed just as guilty as the guy who posts a Windows98SE crack on their website. When you bought your computer, it most likely came preloaded with either MacOS, or Windows. Those were not free, but rather incorporated into the cost of the PC, and MS or Apple would be rather upset if someone found a way to compress their OS's to 800kb, and post it online. Simply because computer OS's are bloated and huge, does not make them any different (legally) from calculator OS's, and math functions. Both are proprietory, and not to be traded. But then again, I have ROM's to most TI calcs, I'm just saying it is proprietory, and that they have a legal reason for this. Not that their legal reason is moral, take a look at HP. Anyway, there's my 2¢ worth. Disclaimer: I do NOT support TI's actions, in fact, you can see my name (Ronald Bynoe) on the Tinews petition.
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31 August 2000, 06:47 GMT
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Re: Re: tinews.net Given Cease-and-Decist Letter by TI
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MathJMendl
(Web Page)
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>>You didn't buy the rom, so it isn't illegal to distribute.
Yes, it is illegal. They are copyrighted works. Period.
>>TI will give old rom's to anyone who asks.
Well yes but by not putting them up for download they prevent program archives from putting them up for compatibility. TI wants people to have the new versions. I personally would allow it but then again, I'm not TI.
>>With the 89/92+, people get them to see if their programs will work with all the AMS', and it could be prevented by not screwing up ASM programs with the new AMS'.
TI doesn't support assembly programming and doesn't like them especially. They want people to buy the $300 SDK if it ever comes out.
>>Another thing, TI has a monopoly of the AMS' on the 73/83+/89/92+ calculators, and we cannot put our roms on them without a special program. And since TI won't release their 512bit encryption codes to put AMS' on the calc, or tell us how to take them off, they are abusing their monopoly.
I wouldn't call this a monopoly. It's their hardware too and is a fully packaged product. It's not the same as computers, where there are alternative OS's that can be on them, and where you pay extra money for them. TI is not impeding any competitions. Monopolies are not by definition illegal.
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31 August 2000, 09:39 GMT
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Re: Re: Cracking TI?
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Arthur O'Dwyer
(Web Page)
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Personally, I doubt cracking TI's "encryption" scheme would be a good thing with regard to
TI's attitude toward the Community, but:
If Joe Hacker was to try to crack TI's code, he wouldn't try random keys. That's how you'd
break a cryptologically-sound password or something. He'd look at the data being encrypted,
then the encrypted text, and then look at simple, fast *algorithms* to produce the latter from
the former. There's an informative post somewhere on the web about cracking CyberPatrol's
encryption scheme; I imagine this'd be similar.
Again, I am "ethically" neutral toward, and "strategically" against, any sort of "aggressive" maneuvering like this. But distributed-net, brute-force attacks aren't it.
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1 September 2000, 19:36 GMT
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Re: Re: Re: Re: Re: Re: tinews.net Given Cease-and-Decist Letter by TI
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David Phillips
(Web Page)
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TI has marketing and research departments just like any other company. However, having 10 or 20 employees to keep up with the TI community is absurd. They may have a single marketing employee that does this from time to time, but this would not be a full time job. The TI community is not very big in comparison with the overall TI calculator market. I would guess no more than 1-3%. Granted, the community influences much more than that. While at a single high school only one person has a graph link and visits ticalc.org, downloads games and distributes them, the games may reach 25-50% of the people with that particular calculator. However, this does not mean that when a new calculator comes out with new features taht were influenced in part by the crazy TI community, all of those people will buy one.
The main TI programmer who wrote the z80 calc's ROM, Pat Milheron, was on the assembly-86 and assembly-83 lists for a while, and he posted on A86 quite a bit when the calc was new. I have no idea if he is still subscribed, but if so then he hasn't posted anything for probably at least a year. There could be any number of TI employees subscribed to the mailing lists. However, this seems rather doubtful.
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2 September 2000, 14:00 GMT
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Re: Re: tinews.net Given Cease-and-Decist Letter by TI
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David Phillips
(Web Page)
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> I don't see why TI is getting mad at people for
> distributing rom files. Here are a few reasons why:
Simple. The ROM images are copyrighted, the same as any other binary image can be copyrighted, such as the ROM image from Nintendo cartridge.
> 1. It's not the actual calculator.
Irrelevant. It is still copyrighted.
> 2. You didn't buy the rom, so it isn't illegal todistribute.
You did buy it, as part of the calculator. However, the license under which it is released determines the distribution terms, not whether or not it is sold.
> 3. It's letting people see how the calculator works and how
> good it is for people to see if the really want the calculator or not.
Irrelevant. The ROM is still copyrighted. Whether or not you think this may help TI, it is still their decision, not yours.
> 4. TI will give old rom's to anyone who asks.
Whether or not this is true, this does not change the fact that the ROM is copyrighted. Just because TI sent me a free calculator for being a part of their SDK beta program, does that mean I am free to distribute the ROM from the free calculator? No, of course not. The license still applies.
> 5. With the 89/92+, people get them to see if their programs
> will work with all the AMS', and it could be prevented by not
> screwing up ASM programs with the new AMS'.
Again, while this may be beneficial to TI, it is still their decision. They hold the copyright and thus choose the license under which it may be distributed.
> So it itn't a matter of their doing something bad, but TI wants
> them to stop them in their selling of calculators. Another thing,
This comment makes no sense whatsoever.
> TI has a monopoly of the AMS' on the 73/83+/89/92+ calculators,
> and we cannot put our roms on them without a special program.
> And since TI won't release their 512bit encryption codes to put
> AMS' on the calc, or tell us how to take them off, they are
> abusing their monopoly.
This is not a monopoly. I am not a lawyer, but I believe this comes under the classification of protecting propriety technology. A restriction on monopolies only applies to an open platform, such as a PC. For example, ever since the original NES, Nintendo has used hardware lock-out mechanisms on their game systems to prevent unlicensed developers from manufacturing and selling carts. All games must be approved, licensed, manufactured and distributed by Nintendo. Yes, Nintendo has an exclusive monopoly. And they can do this because it is their system. In fact, they have sued other companies such as Color Dreams who sold carts without Nintendo's blessing. The precedences set by these cases should give you a good idea of how the legal system works in cases such as these.
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2 September 2000, 13:01 GMT
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