[Coco] ROM Copyrights... copyrights in general...

[Dennis Bathory-Kitsz]

On Wed, June 7, 2017 4:31 pm, Rietveld Rietveld wrote:
> Here is a very interesting article on 'fair use' of copyright material
> https://www.howtogeek.com/262758/is-downloading-retro-video-game-roms-ever-legal/

Just to point out that CONTU addressed this almost 40 years ago (and it was
featured in my 1980 article, "Have the Courts Smashed Software Copyright?").

Software is not a machine part, and therefore subject to copyright in the same
manner as other works of authorship -- put into law in 1980. "computer
programs, to the extent that they embody an author's original creation, are
proper subject matter of copyright."

The Datacash vs. JS&A decision addressed much of this; read page 185 for the
Tandy case:
<http://repository.jmls.edu/cgi/viewcontent.cgi?article=1553&context=jitpl>

Anyway, just take care before assuming any kind of fair use, which is always
handled on a case-by-case basis.

Dennis


PS: For your entertainment, I interviewed Bill Gates for the "Smashed"
article. It's here on Slashdot:
<https://features.slashdot.org/story/00/01/20/1316236/b-gates-rants-about-software-copyrights---in-1980>