Thread: Cloanto debate
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Old 09 January 2012, 00:56   #265
Minuous's Avatar
Join Date: Oct 2001
Location: Canberra/Australia
Posts: 1,726
>I remember somebody went through the license that came with the Amiga computers and quoted (in some Amiga forum) the exact parts where it explicitly said that the software could not be used other than with the Amiga. Now I could be wrong as I am citing by memory. But I think the law would generally be against making a copy, and it would have to be the EULA that allows for it.

One has the fair use right to make an archival copy of software. EULAs have no legal weight. Additionally, I worked with H&P to test OS3.9 under WinUAE and I explicitly told them I was using it under emulation and they had no problem with that.

>This is not true, what laws are you basing your statements on? If you own an Amiga you have the right to use the ROM built inside the Amiga with that one Amiga computer, but that's it.

It's called format-shifting and is completely legal. According to your argument it even would be illegal to remove a ROM from one Amiga and put it into another. In fact according to your argument all emulation that isn't explicitly sanctioned by the original manufacturer would be illegal, which is patently not the case.

>Again, you are promoting piracy on EAB, which is against the rules (and the laws).

I'm not promoting piracy (at least not in this case), and stating my opinion is not against any rule or law.

>Does Cloanto need to "bribe" you again so that you can give Amiga Forever an "objective" look?

No, I didn't ask them to send me the first one and I'm not asking them to send me another one either.

>Or were you using a pre-NT version of Windows?

Yes, indeed I was at the time. Probably on a later version of Windows it would not bring down the whole system, I suspect it would still crash though. But I haven't tested this.

>They did not "remove" anything.

This is a lie. They *did* remove components, and they even admit this on the page I linked to earlier.

>"3.9" is an illegal (according to Amiga Inc.) product by Haage & Partner.

Amiga Inc. are the ones who licenced H&P to make it! And I have not seen any statement by them to the effect that they think it's illegal. I do recall them trying to claim OS4 was illegal, but the judge did not agree. I suppose you think Amiga dealers such as AmigaKit who sell OS3.9 are criminals then?

>Did you read what you linked to? Cloanto gave the source code to Amiga so that Amiga could do the port. It was Amiga Inc. who was supposed to do the port, not Cloanto.

It doesn't matter. The end result was still that it didn't get ported. There was nothing stopping Cloanto from porting it themselves, or to getting some other company than Amiga Inc. to port it. Or of course they could even open source it if they aren't planning on doing anything with it.
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