RE: A86: ROM Images (legal battle thread)

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RE: A86: ROM Images (legal battle thread)


At 10:54 PM 11/15/98 -0800, you wrote:
<snip>
>The only way I can defend this is through 'stare decisis,' ("let the
>decision stand') which is the way the U.S. court system works.  Since
>copying and distributing copyrighted software is illegal (this is especially
>relevant now with arcade and video game ROMs) in one case, it is illegal in
>all cases.

This doesn't hold any relevance to my topic of "programming research."
Video game ROMs are only designed for one thing:  Playing the ROMs and
therefore can't fall under the research category.  TI ROMs have multiple
purposes, several of which are research based (see previous messages) which
is perfectly and utterly legal under the copyright law.

>However, if I bought the ROM license, and I copy it to my computer to
>program with an emulator, I can't imagine that's considered illegal.  I
>believe the current guide is the "book" analogy.  That is, I can use either
>my calculator /or/ my emulator, but not both at the same time (a book can
>not be read by two (or one) people at different locations at the same time).

However, this doesn't apply if researching.  It says in the copyright law
that no one may distribute or copy copyrighted materials with the EXCEPTION
of research purposes.

Still I challenge:  Prove that "programming research" is illegal.

>I hope that's enough for you.  :)
>
>Nathan
>-----
>Stuntman (Nathan Haines) - ICQ UIN#: 2157863
>http://table.jps.net/~stuntman/nathan.html
>QuickBASIC/Visual BASIC/TI-BASIC programmer (just your basic programmer)
>President of Stuntworks - http://stuntworks.home.ml.org/
>
>
>> -----Original Message-----
>> From: owner-assembly-86@lists.ticalc.org
>> [mailto:owner-assembly-86@lists.ticalc.org]On Behalf Of Thomas J. Hruska
>> Sent: Sunday, November 15, 1998 10:26 PM
>> To: assembly-86@lists.ticalc.org
>> Subject: RE: A86: ROM Images
>>
>>
>>
>> At 08:31 PM 11/15/98 -0800, you wrote:
>> >> Well, we ARE doing research!  We are researching how to make
>> games for the
>> >> TI graphing calculators and then writing games and matching
>> the game code
>> >> against the ROM to make sure it works, then beta testers do
>> the exact same
>> >> thing.  Therefore distributing the ROM IS legal since we are under the
>> >> section of copyright law that deals with research.
>>
>> >Uh, WRONG!  Distributing the ROM cannot be legal under any circumstances.
>>
>> You can't just make a statement like this and leave us hanging.  Explain
>> these "circumstances" that you speak of.  I specified the type of research
>> that all of us programmers are doing, which makes the ROM legal to have.
>> Distributing the ROM is therefore legal since everyone must be able to
>> prove that the research that the programmers did is really true.  So,
>> either end of the use of the ROM is legal under copyright law.  Now, tell
>> me YOUR defense.
>>
>> I'm not trying to start a flame war, I'm just trying to get TI off our
>> backs...which we would all like to happen.  The issue of ROM images needs
>> to be settled with us on the legal winning side.  It is able to happen,
>> only if our brilliant legal minds come together to create a solution.
>>
>> BTW, TI hasn't gone to court yet, but you never know when it will happen.
>> We need to be ready to defend a fellow programmer, beta tester, etc. if
>> such a case ever comes up.


                 Thomas J. Hruska -- thruska@tir.com
Shining Light Productions -- "Meeting the needs of fellow programmers"
         http://www.geocities.com/SiliconValley/Heights/8504
                    http://shinelight.home.ml.org
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