update README discussion of copyright.
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# open-roms
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A project to create unencumbered open-source ROMs for use on selected retro computers
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# Problem Statement
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# Problem Statement and Motivation
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The copyrights of various old computer system ROMs are still alive, and together with trademarks, can present significant
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challenges for retro-computing projects to ensure their ability to freely distribute their systems in a functional state,
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which typically requires the inclusion of firmware, i.e, "ROMs".
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which typically requires the inclusion of firmware, i.e, "ROMs", while respecting the intellectual property rights of
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the owners of the copyrights in the ROMs.
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Therefore the goal of this project is to create a fully open-source and unencumbered set of ROMs for various systems.
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The initial focus is the C64 and C65 computers, because of the desire to be able to include open ROMs with the MEGA65
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retro computer.
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In short, this project exists precisely because we respect, and want to help others to respect the intellectual property
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rights of the copyright owners of the ROMs of various old computer systems. Any argument that we have willfully infringed
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their copyrights must therefore fail, since if we didn't care about their intellectual property rights, we would simply
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download the ROMs from any of the many locations where they are freely available on the internet.
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# But isn't there already an implied license to distribute and even modify the ROMs of these old systems?
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On a related note, it is quite likely that the lack of defence of the copyrights of the ROMs of these old systems over
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many many years has created an implied license to use and distribute these ROMs. This is because the copyright owners
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are surely aware, and have been for many years, of this common practice. Thus, on a similar basis to the implied right
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of way on private land that is not defended against unrestricted public use, an implied right can develop for the use
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of copyright material. While it would take the courts to assess this argument (I am no lawyer, and am merely expressing
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my personal opinions in this document), it would seem to me likely that such an implied license exists. However, as our
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goals are to both respect intellectual property rights, and to avoid all possible sources of uncertainty for the retro-computing
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community, we have elected to proceed with this project to create compatible ROMs that are free from any and all copyright
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claims as possible.
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# Method and estimated legal situation of reverse engineering
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Reverse engineering is a well known science, and enjoys protection under copyright law in a number of jurisdictions,
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Reverse engineering is a well known art, and enjoys protection under copyright law in a number of jurisdictions,
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including the EU and Australia. Large companies such as Microsoft have also used it in the past in major products
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such as Windows.
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@@ -28,8 +47,12 @@ then it is questionable whether the result can be copyright, because it contains
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What we will need to do to minimise the risks, is to describe the creation of each routine and piece of code with
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extensive commentary in terms of the specifications, including to explore different potential implementations of
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the specification, with justification of which particular implementation is being used. Where the result is considerably
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similar to the original, then further justification will be required to explain how this is inevitable.
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the specification, with justification of which particular implementation is being used.
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Where the result is considerably
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similar to the original through chance or necessity, then further justification will be required to explain how this is inevitable.
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This is achieved through a custom tool we have created that searches for similarities and reports them, unless they have had
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an explanation provided.
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In our favour, there is a long history of the publication of information that has been derived from disassembling the
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C64 and related Computer's ROMs, e.g., https://www.cubic.org/~doj/c64/mapping128.pdf
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