LMI Lambda?

Fred Cisin cisin at xenosoft.com
Thu Feb 9 11:38:29 CST 2017

On Thu, 9 Feb 2017, Liam Proven wrote:
> "Here's the code. To use it, you'll need ROM images and images of
> software. These are not provided and won't be, so don't ask. Get your
> own and it is your problem to ensure that you are legal."

Is there a QUALITATIVE difference between FREE distribution and SOLD?

"You need to buy and own a copy of the original"  was the premise when 
Apparat sold APR-DOS (a copy of TRS-DOS with an amazingly large number of 
bug-fix patches).  It was later called NEWDOS.

When that wasn't working in the lawsuit, Apparat tried an approach of 
claiming that it was so rewritten that there was nothing left of the 
original code.  THAT fell apart when it was demonstrated that they had 
missed a hidden full-screen copyright message of RANDY COOK.  (Radio Shack 
changed that to TANDY CORP in subsequent releases of TRS-DOS)

That was before "look and feel" (Lotus V Paperback), and was in a time 
when "clean room" direct imitations were considered legit, if they had no 
copied internal code.  The result was merciful - Apparat was permitted to 
simply rewrite and come up with a non-infringing OS! (NEWDOS-80)
"Look and feel" banned clean code that had the same user inteface 
appearance, which seriously jeopardizes legal standing of any emulators.

The courts didn't even go for Delrina's "PARODY!" defense of Opus And Bill 
shooting flying toasters, and Delrina's legal research people FAILED to 
come up with a copy of "Thirty Seconds Over Winterland", which could have 
given a "prior art" defense.

When Apple came down on GEM, did Xerox get mentioned?

If "all property is theft" ("we stole it from the Indians FIRST"), then 
what is "Intellectual Property"?

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