[NTLK] OT: DRM / IP rights WAS: Einstein ROMs

From: William Pociengel (hseldon_at_my.wgu.edu)
Date: Sun Jan 22 2006 - 13:45:06 PST


Frank Gruendel wrote:
>>Unless you can get Apple to release the ROM then
>>you will need to own a Newton, for legal reasons.
>>It doesn't need to work (though how you'll get the
>>image off without it working is anyones
>>guess) but you do need to own it.
>
>
> Although I'm pretty sure that Apple couldn't care less,
> I strongly doubt that the mere fact that you have a
> ROM in your drawer would entitle you to use any Newton
> OS on any device other than a Newton.
<snip>

yeah this gets into the whole thing about IP rights for items which the
owner has abandoned. Not that all of the tch in a Newton is abandoned,
just the form factor (the instantiation of Apples IP in the Newton form)

 From a purely conservative legal interpritation I'm sure someone could
say this violates the US DMCA; somehow. Kind of along the lines of 'We
can't create sw to view our legal movies on Linux but Sony can put a
rootkit on our machines' sideways point of view. Such is the world of IP
rights and DRM as they exist today.

My 'personal' point of view is that if I've paid for a product them I am
allowed to use that product (personally) any way I wish. So if I decide
to view the 'Wizard of OZ' (VHS tape) and sync 'Dark Side of the Moon'
(CD-ROM) to it and burn that to a DVD for me to watch with my friends
then I have the 'right' to do so. But then I'm sure someone somewhere
will tell me that's not the right I got when I purchased the media those
items were licensed on. But then they also tell me i don't have the
right to make backup copies of the media even though they are unwilling
to provide a mechanism to replace it if it fails. (short of purchasing a
new copy, if it happens to still be in production)

Take also the example of the 'Fantasia' soundtrack which I purchased
thinking it was the same soundtrack as the vidio. It wasn't but it was
the same score, different conductor, different orchastra. In my
'personal' view I'm authorised to rip the soundtrack from the movie for
playing on my cd player. But in the IP / DRM worldview I may not be
allowed such a right.

So in short while you may be able to make a case for making and using a
digital image of the ROM, you may also make a case that you can't. Like
I said my 'personal' view is that I can.

william

-- 
special knowledge can be a terrible disadvantage if it leads you too far 
along a path that you cannot explain anymore.
mentat admonition
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