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Old 22 July 2007, 12:27   #15
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Join Date: Jul 2005
Location: Australia
Age: 41
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Originally Posted by Minuous
It's been firmly established that people holding a licence to the ROMs (ie. purchasers of said ROMs) are able to freely use dumps of the corresponding ROMs.
While I would be happy to argue that such actions are within the rights granted to license holders by Commodore I also recognise that this is only my opinion, whether a court would agree is pure speculation. My skepticism comes from this claim sounding a lot like other pieces of net-lore that have later proven to be false such as the incorrect claim of Windows downgrade rights by individuals (which is demonstrably false).

Again, I agree with you, but do you have any evidence to back up your claim? My interest in this point is genuine, I'm not just trying to wind you up.
Originally Posted by mrbob2
They may persue people who have the roms?
Well yes, but my point is who are "they"? To successfully pursue a claim in court it would be necessary for a plaintiff to prove they are the rightful owner and that a loss has ocurred, with the mess of ownership that has existed since Commodore's collapse even an experienced IP lawyer would find this a challenge.
Originally Posted by lloyd
Are you saying that nobody actually knows who owns the right to the Amiga Kickstart?
The situation is not clear in my non-expert, non-legal opinion.
Originally Posted by lloyd
If that statement is true and can be proved, what is the point in all of us observing the issues of copyright and paying out money for a license, and not simply distributing said KS code? Are we not simply being, for want of a better word, "mugs"?
Copyright law is generally clear and unambiguous in so far as copyright does not need to be maintained in any way to remain technically valid, it remains in place for however long the appropriate statute specifies, the absolute minimum term for signatories to the Berne Convention is 25 years after the date of first publication (in most countries protection lasts between 50-70 years after publication/author's death). The situation gets more complex when the protected work has no commercial value, here in the case of Kickstart where the rights holder does not offer the ROMs for sale it would be (in my opinion) very difficult to pursue a claim for damages against somebody offering them for free on the Internet because the courts recognise actual losses only and not potential losses.

Note that I am talking about the actual rights holder here (whoever that may be) not a company like Cloanto who have at some point licensed Kickstart, Workbench, AmigaBasic etc. for distribution as part of their own commercial product.
Originally Posted by Graham Humphrey
Surely Cloanto do?
They definitely do not own it, on their legal page it is stated that they (Cloanto Italia srl) are "the holder of several Amiga-related intellectual property licenses".
Originally Posted by Graham Humphrey
And/or Amiga Inc?
Probably but I really do not know.
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