Re: [NTLK] US Copyrights: 3 yrs. exemption for obsolete platforms?

From: rminton_at_commscope.com
Date: Mon Nov 10 2003 - 08:29:57 PST


Bingo, that's exactly the way I read it also in the full comments on the
37 CFR 1201 decisions.

Randy

"Eric L. Strobel" <fyzycyst_at_comcast.net>
Sent by: newtontalk-bounce_at_newtontalk.net
11/02/03 09:12 PM
Please respond to newtontalk

 
        To: <newtontalk_at_newtontalk.net>
        cc: (bcc: Randy Minton/CommScope)
        Subject: Re: [NTLK] US Copyrights: 3 yrs. exemption for obsolete platforms?

somewhere near the temporal coordinates of 11/2/03 7:33 PM, the entity
known
as Mark Rollins transmitted the following from mark_at_mrollins.com:

>> Subject: [NTLK] US Copyrights: 3 yrs. exemption for obsolete platforms?
> --snip--
>> * Computer programs and video games distributed in formats that have
>> become obsolete and which require the original media or hardware as a
>> condition of access.
> --snip--
> The above is the only reference even vaguely related to the Newt. Read
and
> re-read it, the format of the Newton software distribution (floppy or
> flashcard) has not become obsolete...
>
> I can check with our Patent attorney tomorrow, but it looks like nada.

I think, in terms of software, this is *meant* to apply to software that's
'keyed' to the original media, i.e., it does some sort of license check
using the original media or is keyed to the hardware. THAT is where the
Newt may come in as some software is licensed based on data that can go
away
if you completely wipe your Newt. If that should happen and the original
company isn't around any more, you're screwed.

So, for that specific type of Newt package (or for software that requires
you to insert the original floppy, or generates a license code based on
hardware specifics of your 'puter that may have changed), the above
exemption sounds like it applies.

That interpretation would be consistent with the other exception, that
mentions hardware dongles.

- Eric.

--
Eric Strobel (fyzycyst_at_NOSPAM^mailaps.org)
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