OS licence

protek

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How do you guys see the AmigaOS licence? Is it strictly bound to the installation media or is it bound to the machines?

The way I see it that every Amiga is sold with some version of AmigaOS. In other words, a specific version of AmigaOS is OEM to a specific Amiga system and the owner of that specific Amiga is entitled to obtain a copy of the installation media of that specific version of AmigaOS regardless of the source. Of course this doesn't apply to OS3.5 and OS3.9 as these were not shipped with Amiga systems. To some extend OS3.1 falls also to the latter category as it was mostly an update sold separately with the exception to the systems built by Escom.

What about kick ROMs then? If someone finds an A600 lacking the ROM, can he/she just get the image file from the interner and burn it to ROM?

Licence issues can be quite complex, don't you think. What say you?
 

dj.echo

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yes

yes

you get blank rom chips dont know how good thay are some one on here sell`s them i think(y)
 

User1301

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From my perspective - OS is OEM when you buy the system. Any other version of the OS needs to be bought. You can only use the OS on one machine at a time also - so if you have two Amiga's and you want OS3.5 for them both - you need to buy two copies.

The Kickstart ROM's and the code on them is protected by copyright. You get a ROM when you buy your Amiga. if you want a different one - you need to buy it. If you use an EPROM and put the image on it then that's infringing the copyright as it's not the ROM you paid for when you bought your Amiga.

That's how I see things anyway :)

Cheers

John
 

desiv

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It's an interesting question. I haven't read any of the Amiga OS licensing info, so I have no idea what they say.

I tend to agree with the basic concept of an OS being tied to a machine.

If someone has an Amiga 500 with a kickstart 1.3, I think that (And this is not legal advice, IANAL. This is just my opinion and I haven't read the license) they probably own the 1.3 OS (Workbench/Extras) as those would have come with it...

The ROM issue is similar, but trickier. If you have a 1.3 kickstart, can you own a backup ROM you've burned?? Possibly..
So, if you have a dead kickstart ROM, can you legally own a copied ROM? Possibly.
I might even say probably, not having read any licenses.
(This is much more fun without having read anything... :) )

But, does that mean you would have to keep the "dead" ROM as it is what you own and why you have the backup copy?? I mean, if you throw away your dead ROM chip, do you no longer have the right to the ROM?

Or, can you still pop in a COPY ROM, as that ROM came with the machine and the machine is entitled to at least the ROM that came with it???

Interesting questions..

I suppose someone could actually read the license and find out, but it would make it much less interesting.. ;-)

desiv
 

commodorejohn

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Who even owns the rights to the Amiga software/firmware? Do they still care? Because unless they're actively selling it, I'd pretty much see it (Kickstart and Workbench alike) as abandonware. (Not legal advice, obviously, but in principle.)
 

ajk

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It's all still in the hands of Amiga Inc. and Hyperion and maybe others somehow, but the exact legal details are not public (and probably a mess anyway after all these years). OS4 is in principle based on the old kickstart and workbench sources, though by now pretty much everything is likely rewritten, so the "is still being sold" is also unclear legally...
 

desiv

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Who even owns the rights to the Amiga software/firmware? Do they still care? Because unless they're actively selling it, I'd pretty much see it (Kickstart and Workbench alike) as abandonware. (Not legal advice, obviously, but in principle.)

No, at least it's still being sold through AmigaForever.
True, that's a bit customized for emulation, but it's still being sold.
Also, I think (????) that when you buy Amiga OS4, doesn't the CD include images of the older versions?? I thought I read that..

So, in certain ways, it is (I think) still being sold..

desiv
 

davideo

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From my perspective - OS is OEM when you buy the system. Any other version of the OS needs to be bought. You can only use the OS on one machine at a time also - so if you have two Amiga's and you want OS3.5 for them both - you need to buy two copies.

The Kickstart ROM's and the code on them is protected by copyright. You get a ROM when you buy your Amiga. if you want a different one - you need to buy it. If you use an EPROM and put the image on it then that's infringing the copyright as it's not the ROM you paid for when you bought your Amiga.

That's how I see things anyway :)

Cheers

John

My own personal opinion is that the above is how I see it.

Dave G :cool:
 

protek

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Let's take an example from real life: I have a genuine set of OS3.1 disks of which at least a couple have gone bad and are therefore unreadable. What am I entitled to do?

One licence per machine goes without saying but I certainly wouldn't mind having a licence label which entitles you to install i.e. OS3.9. You can stick those in the bottom of your Amigas and have just one installation media. That's how I have it with Windows 7. I got two licences and just one media.
 

davideo

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Most software for the Miggy said you can should make a backup of that software for your own personal use.

The idea being that you then use this and put the originals away for safe keeping.

If you purchased a modern game for a PC and accidently scratched it - what would you do?

Buy another? Or reach for your original and create another backup to use?

Just my mixed up 2p :D

Dave G :cool:
 

Zetr0

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In the UK you are legally allowed to back up the software that you own, that is a statutory right.

This includes optical / magentic firmware and ROM based media. - copyright protection of said media is technically ilegal as it infringes on your statutory right of backing up the software you own a license to.


However this this statutory right is not afforded to you on music or film content - no matter the media - however there may be ways to tackle this in civil court under the fair-usage policy.

Remember no matter what the copyright police may tell you - its an infringement not a crime - as such its a civil case not a criminal one...

Those that shout "copyright theft" or "copyright pirate" are complete fools that have no idea what they are talking about - theft is a criminal case not a civil one.


In regard to OEM software license - while the case exists that each subset of Amiga came with the software licensed on ROM's - theres no where that states it was an express use - so that if the Software licensed ROM(s) were removed - theres no legal recourse to assume that the license is inhent to the remaining hardware.

i.e. an A1200 motherboard without ROM's doesn't mean that it inherently comes with that licenses - IMHO those traved with the ROMS that are now else where.

And it is the same with Workbench (disks)

Although its highly unlikey that they will come after you for burn-at-home ROM's - or backede up Floppies / CD's - however if you are offering a service for these items then you are in effect devaluing their product - as such they would have a right to challenge you in court - even a third party licensee.

worse case scenario if you were attempting to pass-off these as original items, then you could be looking at a criminal matter of fraud - at this point its a matter of State V's defendent

However I would likely expect nothing much more than at worse a civil court action - this is very expensive and the chances of winning are very slim in either case to be honest - however one should never underestimate the power of a determined individual or entity - or hungry - yacht starved lawyer.
 

Cloudane

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To me, the hardware came with the OS so it's OEM license style. I.e. if I had a Miggy with no OS disks, I'd have no qualms about using or supplying it with backup copies that match the ROM that came with it. If the ROM had been removed then whatever disks would've come with the replacement.

Does anyone even care these days? Maybe for 3.1 (Hyperion?) but 1.3, 2.0, 3.0 etc I doubt anyone would be around to object.
 
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