RE: naive view of chips?

[Austin Franklin <austin@darkroom.com>]

> Please tell me you're not an intellectual property lawyer. If you are, 
think
> I'll just give up writing software right now, it would be hopeless. :)

No, I'm an engineer that works on patent and copyright infringement.  I do 
the analysis of the technology, and of the patent/copyright in question and 
provide the trial lawyers with the information they need to 
defend/prosecute the case.  I also serve as an expert witness during 
depositions and in court.

> Anyhow, if the cartridge has a chip, it most likely contains code, that's 
why
> you embed chips.

No, I will bet it doesn't contain code.  It contains data.  Data and code 
are two distinctly different things.  If you write software (as you elude 
to above) I would believe you know there is a difference.

> Otherwise a simple little electronic sensing/pulsing device
> would do fine.

Not quite...

> There is no way you can legally sell the modified code if it contains any 
of the
> original code. Plus, typically you don't buy code, you license its use.

Of course you can.  If I buy a copy of MS Windows, and fix bugs in it, then 
sell the copy I just bought, modified...I am selling the original copy I 
had, plus my modifications.  I, of course, could not make multiple copies 
of it without having bought multiple copies of it in the first place.

Now I know this is cutting edge law here, because I do not know of any 
cases that this has actually been prosecuted...but because this exact same 
thing is done routinely in other industries, it should be the same for this 
industry too.  You buy a controller board, modify it to suit your needs, 
then put it in your product, and sell your product.

> As far as the code is concerned, it's not anything like your example.

Then you are not aware of 're-chipped' cars?  There is a huge aftermarket 
for replacement chips for automotive control computers that increases 
performance.  This has been going on for almost 20 years now!  It's just 
some type of PROM...  Of course, it voids the warranty ;-)

-
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