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Replying To:
No, you don't know about "copyrights..."[ Parent ] (none / 0) (#8)
by kbiel on Fri Apr 11, 2008 at 12:46:36 PM PDT

First of all, the law does not address your intentions when you solicit money with other peoples' IP.  It doesn't matter what you intend to do, if you are asking for money in return for distributing someone else's copyrighted material, you are violating the law.  Creative is well within their rights to stop Mr. Kawakami from redistributing their copyrighted material.

The Compaq situation was different.  Compaq reversed engineered the BIOS to discover how it interacted with the other hardware and then produced their own BIOS that mimicked IBM's.  That is why they won their case.  Had they just copied the code out of IBM's BIOS, they would have lost.

There is a very simple solution to this problem.  All Mr. Kawakami needs to do is distribute a patch file (preferably with an installer).  At this point, he would be distributing his own creative works which would not violate Creative's copyrights.  Then Mr. Kawakami could distribute it legally and even ask to be paid for it.

[ Parent ]



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