Information Technology Reference
In-Depth Information
making a copy of it. If you execute the program, it is copied from the hard disk of the
computer into its random access memory (RAM). This, too, is considered making a copy
of the program. The standard licensing agreement that comes with a piece of commercial
software allows the purchaser of the product to do both of the above-mentioned copying
operations.
However, doing any of the following actions without authorization of the copyright
holder is a violation of copyright law:
1. CopyingaprogramontoaCDtogiveorselltosomeoneelse
2. Preloading a program onto the hard disk of a computer being sold
3. Distributing a program over the Internet
Another kind of copyright violation can occur when a company attempts to create
software that competes with an existing product. Two court cases illustrate a copyright
infringement and fair use of another company's product.
APPLE COMPUTER v. FRANKLIN COMPUTER
In the early 1980s, Franklin Computer Corp. manufactured the Franklin ACE to com-
pete with the Apple II. The Franklin ACE was Apple II compatible, meaning that pro-
grams sold for the Apple II would run on the Franklin ACE without modification. In
order to ensure compatibility, the Franklin ACE contained operating systems functions
directly copied from a ROM on the Apple II. Apple Computer sued Franklin for infring-
ing on its copyright. The US Court of Appeals for the Third Circuit ruled in favor of
Apple Computer, establishing that object programs are copyrightable.
SEGA v. ACCOLADE
Video-game maker Accolade wanted to port some of its games to the Sega Genesis
console. Sega did not make available a technical specification for the Genesis console,
so Accolade disassembled the object code of a Sega game in order to determine how
to interface a video game with the game console. Sega sued Accolade for infringing on
its copyright. In 1992 the US Court of Appeals for the Ninth Circuit ruled in favor of
Accolade, judging that Accolade's actions constituted fair use of the software. It noted
that Accolade had no other way of discerning the hardware interface and that the public
would benefit from additional video games being available on the Genesis console.
An organization must be careful not to violate the copyrights held by its competitors.
Even unconscious copying can have serious consequences. Years after hearing the song
“He's So Fine,” George Harrison wrote “My Sweet Lord.” The owner of “He's So Fine”
sued Harrison for copyright infringement and prevailed after a lengthy legal battle.
Unconscious copying is a real concern in the software industry because programmers
frequently move from one firm to another.
Suppose a company needs to develop a software product that duplicates the func-
tionality of a competitor's product without violating the competitor's copyright. For
