From: marms@python.cs.unm.edu (Mike Arms)
Subject: Re: Why are game copiers illegal
Reply-To: sandia!marms@unmvax.unm.edu (Mike Arms)
Organization: Dimsdale Brothers Extortion Agency
Date: Fri, 4 Sep 1992 01:18:32 GMT

jens_alfke@gateway.qm.apple.com (Jens Alfke) writes:
>Incidentally, in the US any commercial establishment that plays music
>(including bars, restaurants, any store that plays a Guns 'n Roses tape
>while customers are present) has to play royalties to ASCAP (the
>musicians publishing group.) They don't sue people, but they do have
>folks who come around and politely inform store owners that they're
>supposed to be paying royalties to avoid potential suits.

Just for some info, I heard that there was a recent court case on this
very topic.  It found that a retail establishment could play the radio for
customers without paying any royalties. This applied to receiving on-air
radio broadcasts only.


Now, on to the real reason for my message.

>  And so far no one here has shown a really plausible argument for a good
>justifiable use of a game copier. Cartridges rarely break and if they do
>so will be replaced by the manufacturer. Modifying the machine code of a
>game is a copyright violation. So is making duplicates of it.

This is just so much crap!  What planet do you live on Jens that game
cartridges, no matter how old, will be replaced by the manufacturer?!?
For point of referrence, I currently have 5 old games for my Atari 2600
that have burned out.  The manufacturers of these games (mostly Atari
itself) do not have any of these to replace mine with.  What now, jerk?

Now project ahead 10 years from now when some of my Genesis and SNES carts
are in similar condition.  But these game systems are long since unsupported
as we look back on those quaint little "16-bitters".  Again, I can't get 
replacement carts from the manufacturer (some will very likely be out of
business by then).  My only option is to buy it from the Used market.  But
over the years, that game may have developed into a "collector's item"
(for referrence, check out what is happening to some of the rarer Atari
2600 games these days).

The point is, I am legally able to make one backup of any piece of software
that I own.  ROMs do go bad.  Static electricity and line surges are their
worst enemies (other than mistreatment by very young kids).  It does not 
make sense for me to have to re-purchase a game when it goes bad.  

Modifying the machine code of a game is a *NOT* a copyright violation. 
Many others have argued this much better that me.  You MAY be breaking
some shrinkwrap license clause (which is likely to be throw out in court).
But that is only if there are words to that effect on the box.  For most
current game software, you are not purchasing a license to run the game,
but rather are purchasing a copy of the game.  You may modify it as you
will, as long as you don't give a copy away.  The whole premise of the
Game Genie is to hack part of the code or data of a game to give you some
neat effects to change the game.  It actually alters the data that the
system requests at certain locations when memory fetches are done.  

And making one duplicate of game software is also legal as explained above,
if done by the rightful owner for purposes of backup.

[For those of you keeping track, this is Usenet Copyright Discussion 
#72934568-1 .  It just took awhile to reach the rec.games.video group.]

-- 
Mike Arms
Sandia National Laboratories
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