Re: Altering Programs

Hm, my two friends Kerry and Mark are not in agreement.

Kerry Konrad <k_konrad[_at_]stblaw.com> says that, with respect to my writing marginal notes in my copy of a book, the hypothetical is easy, and that:
>
> Your copy of a book with marginal notes is no problem at all unless
> you try to copy it and sell the copies, in which case it's a bit
> like our old friend the 123.MU file (the version of the 1-2-3 menu
> structure sold by Borland, which had additional menu commands
> interpolated in it)."

(I won't bite...)

Mark Lemley <mlemley[_at_]mail.law.utexas.edu> says the opposite on this easy hypothetical:
>
> In fact, I think this is exactly what Mirage means...

i.e., that merely writing the notes in the book (and not putting the book back into commerce) is sufficient to create a derivative work and, at least theoretically, create liability.

If Mark's right, Mirage is not just poorly decided; it's insane. Unfortunately, I think Mark's right. (But if so, why'd we need all that extra legislation to prevent defacement of "one of a kind" artistic works? Wouldn't that have already been prohibited as creating a derivative work?)

-Ari

Ari Kahan
<akahan[_at_]netcom.com>