#Key sticking
07-Jul-91 10:39:03
Sb: #27516-#Key sticking
Fm: Kelly Jordan 76475,1146
To: John Pendergrass 76246,676
John, OPINION!
If a person reverse engineers data from a disk, writes a program that can
understand the data, and distributes the program, what would the person be
doing wrong? Surely not copyright violation, since the person never
dissassembled the program the vendor selling the disk intended to be used
with the data. If the person did it by dissassembling the program from the
vendor, then there would be grounds for copyright violation. This would be
similiar to the ibm BIOS clone roms – the actual roms were not
dissassembled/copied, but the programmers had to write a new BIOS that
dealt with the same data in the same manner. The difference with the CDROM
case is we have to take the time to figure out the form the data is in, and
we can make the program behave the way we want, not the same way the
commercial program (on a pc) works.
In my OPINION, there is only one way a person would be prevented from using
data on a disk in a manner and on a different platform the vendor never
intended, and that would be when the buyer of the disk had to sign a
contract at the time of purchase or just prior to purchase that
specifically stated how/on what the data could be used. One of these "tear
the seal on the bag holding the disk means acceptance" contracts would not
mean the same thing, since the contract implied in this case is not
examinable/negotiable before purchase (you can't break the shrink wrap on
the package).
Someone would have to show me how we would be breaking some law or
copyright violation before I would get worried!
I doubt we would be seeing any comments from legal whiz's unless we waved
green stamps under their noses – the only stuff they understnd!
73, Kelly