[comp.sys.amiga.tech] Atari ST emulator for the Amiga: Atari's position

apratt@atari.UUCP (Allan Pratt) (10/17/90)

Some people have expressed confusion over the legality of the "Atari
emulator" now floating around the net for the Amiga.  I understand that
Atari's position is that it is a grave and flagrant violation of
Atari's copyright, and we are asking everybody, especially archive
sites and BBSes, to stop distributing it and remove all copies they
have.  I don't know why people think this *could* be legal: it's a
derivative work from Atari's copyrighted material, and Atari intends to
protect its copyrights.

Some people have expressed dismay that their favorite archive or BBS
might get in trouble.  In my *personal* opinion, the operators of these
sites bring doom upon themselves by making uploads immediately
available for downloading, with no checks on the content of the
uploads.  I believe that only a Common Carrier, such as the phone
company or an airline, can legally be blind to the content of the
information or goods they transport and distribute. Everybody else is
responsible for exercising due diligence to ensure that no illegal
activity is going on using their equipment or service.  Since this
program is prima facie a copyright violation, a duly diligent sysop
would not have made it available for downloads.

Finally, some people have expressed the opinion that Atari should
be a "good guy" and take no action concerning this.  That's nonsense.
If you don't vigorously protect your copyrights, you lose them.  Ignoring
this could mean relinquishing all rights to protect TOS from copying
and modification.

This message represents my opinions and things I believe to be true,
but it is not to be considered a legal opinion from Atari's legal
department or anybody else but me.

				-- Allan Pratt
				   Systems Software Engineer
				   Atari Computer Corp.
				   ...ames!atari!apratt

papa@pollux.usc.edu (Marco Papa) (10/18/90)

I am sorry but I have to concur with Atari's position. These emulators are
indeed a flagrant copyright violation, and the BBS sysops should be held
responsible and liable for their action of not policing the download
of software from their machines.

-- Marco

-- 
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
"Xerox sues somebody for copying?" -- David Letterman
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aiajms@castle.ed.ac.uk (-=Andy=-) (10/18/90)

In this  months Amiga Format magazine there is a review of the Medusa
ST emulation system. This comprises of a hardware gizzmo to emulate the
STs I/O and a software emulator. From what I have seen of the review it
does not fair much better than the version on xanth.

Now for the interesting part. The method of getting TOS is to go to an
ST and use an included utility called gettos. This has the effect of
copying the TOS from ROM into an image file. This company is about to
market this product! I am quite sure they would not be so naive as to
market a utility of this sort without checking the legal circumstances
behind it!!! 

I personally agree with what a guy said on comp.sys.atari.st concerning
Apple and GNU. GNU do not port their stuff onto Apple because of the
aggressive attitude they take to people emulating their products (NOT
PIRACY WHICH IS QUITE DIFFERENT) and the law suits that follow. If the
emulator contains an image of TOS then it is illegal. If however it is
merely functionally isomorphic to the original then I personally (before
the flames come rolling in this is MY opinion)  congratulate the
programmer on a well written piece of software.

One last twist! As a footnote in Amiga Format stated, there is a German
software ST emulator coming out called Chameleon. I know nothing about
this except it is meant to cost 30 pounds (=$60) whereas the Medusa
hardware/software emulator costs 200 pounds (=$400). I hope the atari
emulator on xanth is not the same as this reported chameleon. Things are
starting to get out of hand...lock up your daughters ...call in the judges, the
lawyers and the House Of Lords! Nobody is safe!!!!!!

Well thats my halfpenny !


-=Andy=-


PS the ST version of SIM City runs ok on the emulator!


===========================================================================
Name  : A Mcsherry
Degree: Computer Science & Artificial Intelligence		   //
Univ  : University Of Edinburgh, Scotland.		       \\ //
Mail  : aiajms%uk.ac.ed.castle@nsfnet-relay			\X/
Motd  : Don't be STingy, buy a decent computer         -->     AMIGA 
==========================================================================

stephen@oahu.cs.ucla.edu (Steve Whitney) (10/18/90)

In article <6737@castle.ed.ac.uk> aiajms@castle.ed.ac.uk (-=Andy=-) writes:
[some opinions and descriptions deleted]
>I personally agree with what a guy said on comp.sys.atari.st concerning
>Apple and GNU. GNU do not port their stuff onto Apple because of the
>aggressive attitude they take to people emulating their products (NOT
>PIRACY WHICH IS QUITE DIFFERENT) and the law suits that follow. 

Nope.  As I understand it, the GNU issue had _nothing_ to do with emulation.
It was a result of Apple's look-and-feel bull regarding the appearance
of competing products such as MS Windows, HP New Wave, and earlier, GEM.
Apple _popularized_ the use of a mouse and windows, but did not _invent_ it.

Although the Free Software Foundation (creators of GNU and the associated
utilities) do not claim a copyright to their work (in fact, they have a
"copyleft"), they do not oppose others protecting their work.  Apple
has not bothered those who market  Macintosh emulators based on legal copies
of their ROMs.

>-=Andy=-
>
>
>PS the ST version of SIM City runs ok on the emulator!
>
>
>===========================================================================
>Name  : A Mcsherry
>Degree: Computer Science & Artificial Intelligence		   //
>Univ  : University Of Edinburgh, Scotland.		       \\ //
>Mail  : aiajms%uk.ac.ed.castle@nsfnet-relay			\X/
>Motd  : Don't be STingy, buy a decent computer         -->     AMIGA 
>==========================================================================


--
Steve Whitney   "It's never _really_ the last minute"       (())_-_(())
UCLA Comp. Sci. Grad. Student                                | (* *) | 
Internet: stephen@cs.ucla.edu              UCLA Bruin-->    {  \_@_/  }
GEnie:    S.WHITNEY                                           `-----'  

gunda@cbmehq.UUCP (Gunda O'Neal ESCO) (10/18/90)

In article <6737@castle.ed.ac.uk> aiajms@castle.ed.ac.uk (-=Andy=-) writes:
>
>One last twist! As a footnote in Amiga Format stated, there is a German
>software ST emulator coming out called Chameleon. I know nothing about
>this except it is meant to cost 30 pounds (=$60) whereas the Medusa
>hardware/software emulator costs 200 pounds (=$400). I hope the atari
>
If you talk about the MEDUSA from MacroSystem (ex- Combitec), the price
is DM 436,00, that's appr. $ 290,00.
(as per Developers Application Form June 1990)
>
>-=Andy=-
-- 
Gunda O'Neal, Assistant
Commodore European Support & Coordination Office (ESCO)
UUCP: {uunet|pyramid|rutgers}!cbmvax!cbmehq!gunda
"I am easy to please, as long as things go my way ..."

scott@tab00.larc.nasa.gov (Scott Yelich) (10/19/90)

>   does not fair much better than the version on xanth.
[DELETED]
>   emulator on xanth is not the same as this reported chameleon. Things are
>   starting to get out of hand...lock up your daughters ...call in the judges

I just want to clear things up....

xanth.cs.odu.edu is no longer the Amiga archive site (that it used to be).
I could not find any atari emulator on xanth.cs.odu.edu...

However, there used to be an apple][ emulator and root@xanth.cs.odu.edu DID
receive a letter from apple.com  :-(

--
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apratt@atari.UUCP (Allan Pratt) (10/19/90)

aiajms@castle.ed.ac.uk (-=Andy=-) writes:
>[Medusa's] method of getting TOS is to go to an
>ST and use an included utility called gettos. This has the effect of
>copying the TOS from ROM into an image file.

That does not constitute legal use of the TOS operating system.

>This company is about to
>market this product! I am quite sure they would not be so naive as to
>market a utility of this sort without checking the legal circumstances
>behind it!!! 

You're the one being naive.  They certainly could go to market with a
product without checking on its legality.  Or, they could have checked,
but decided the potential profit is worth the risk.

>If the
>emulator contains an image of TOS then it is illegal.

It does, so it is.  

I think people should get this kind of elementary fact straight before
commenting on Atari's position.  I am tired of "I don't know anything
about it, but here's my opinion" postings.

============================================
Opinions expressed above do not necessarily	-- Allan Pratt, Atari Corp.
reflect those of Atari Corp. or anyone else.	  ...ames!atari!apratt

david@doe.utoronto.ca (David Megginson) (10/19/90)

In article <40310@shemp.CS.UCLA.EDU> stephen@oahu.cs.ucla.edu (Steve Whitney) writes:
>In article <6737@castle.ed.ac.uk> aiajms@castle.ed.ac.uk (-=Andy=-) writes:
>>GNU do not port their stuff onto Apple because of the
>>aggressive attitude they take to people emulating their products (NOT
>>PIRACY WHICH IS QUITE DIFFERENT) and the law suits that follow. 
>
>Nope.  As I understand it, the GNU issue had _nothing_ to do with emulation.

Emulating as in "copying the look and feel," I'd imagine. Certainly, Gnu does
believe in free software (free from restrictions, not free in price), but
their beef with Apple is that they have tried to keep other people from using
the GUI concept at all, not that they have tried to keep people from
pirating their own software. Most Gnu stuff is reverse-engineered from Unix
tools, but none of it is stolen. If (to give a hardware example) Atari
decided to run off and sue any micro supplier who sold PCs with a MIDI
port built-in (an original selling point for the ST), the FSF might get
upset.

Atari has a right to protect its software, just like Apple does. I like
free software and free movies, but I don't get upset because Cineplex
keeps me from sneaking in.


David Megginson
-- 
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/  Centre for Medieval Studies          meggin@vm.epas.utoronto.ca     /
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v092mgp5@ubvmsd.cc.buffalo.edu (Scott K Wood) (10/19/90)

>I think people should get this kind of elementary fact straight before
>commenting on Atari's position.  I am tired of "I don't know anything
>about it, but here's my opinion" postings.
> 
>============================================
>Opinions expressed above do not necessarily	-- Allan Pratt, Atari Corp.
>reflect those of Atari Corp. or anyone else.	  ...ames!atari!apratt

   Regarding this entire thread of messages...Does it really matter what
Atari's position is about the emulator?  Whether the emulator is illegal
or not doesn't change the fact that there are thousands of potential
users of the emulator, and since there is no DEFINITIVE proof that it is
illegal, those same users will most likely feel no guilt in using the
emulator.  As far as I am concerned, the program is a novelty, something to
show you "ST friends" when they start bad-mouthing the Amiga.  As far as 
usefullness: Why do Amiga users want to emulate an ST?  There is NOTHING the
ST can do that the Amiga can't do hundreds of times better.  That's why you
bought the Amiga, right?

                                            Scott
                                BITNET: v092mgp5@ubmvs.bitnet
                              INTERNET : v092mgp5@ubvmsd.cc.buffalo.edu

dac@ukc.ac.uk (David Clear) (10/19/90)

Atari's position on this matter is correct. Although it may be considered
flattering for someone to emulate an ST on an Amiga (with all the "mine
is better than yours" type arguments around), the software copyright position
is clear - that software is illegal.

If you wrote a commercial piece of software and someone, without your
permission, ported this software to another machine would you not be
phoning your lawyer the instance you discovered it? Even worse, if your
software wasn't even ported - just binary copied and the target machine
hacked a bit so your software would work...

Whether or not there is a potential for loss of profit is not really the
issue. The issue is software copyright which is being breached. End of story.

Dave.
-- 
% cc life.c                      | David Clear dac@ukc.ac.uk +44 227 764000x7592
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Segmentation fault (core dumped) | University of Kent, Canterbury, England.
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