Yamaha DTXpress/DTXplorer/DTXtreme

Vern, 

I agree selling anything or copying anything that is not yours is illegal,
which I stated in my original post. I was just addressing the EULA issue.
(Not that is matters but Yamaha does not include any literature with the kit
that says "EULA", if you don't agree, then return the product.) 

The only question is do you have the right to add to the code. In other
words take the original code and don't change it but say add 50 lines of
original code that you originate and write to it and reburn it and put it
back in your module. Thus you have not taken or copied anything at all. Not
much different than adding a second peizo to a drum pad, really. I agree
taking the code from a III and putting it in a II would be illegal. 

What would be interesting is to approach So Tanaka again and try to
determine, since they don't plan on providing an upgrade except through the
complete replacement of the module, if a third party (Pintech) could take
the module and upgrade the chip with different sounds, through a licensing
agreement? Hmmmmmmmm.

Another issue in regards to copyright/trademark/logo is the use of the term
"DTXpress" (as in Yahoogroups/DTXpress) , DTX (as in DTXpressions, or
DTXchange). So Tanaka has brought this to the attention of Jim, that these
logo's our owned by Yamaha and connect be used without their express
permission. This came back to me in a PM from Jim with the Sysex code.  I
have asked Jim to check on whether or not we need to make any changes or if
we are ok. This would also impact the use of the terms on clothing items as
well. ;). This is why the new program that is being worked on can't be
called DTXchange2.


OGD


> -----Original Message-----
> From:	Vernon Graner [SMTP:vern@...]
> Sent:	Friday, February 06, 2004 12:39 PM
> To:	DTXpress@yahoogroups.com
> Subject:	ROMs *can* contain Software! (Was [DTXpress]  DTXpress 3
> sounds)
> 
> <$0.02>
> oldguydrummer said:
> > I don't beleive EULA applies to a product, typically just software.
> > There isn't any software included with the Dtxpress II, just
> > Hardware.
> 
> Hmmm have to disagree with you there. Just because software doesn't come
> on CDROM or floppy, doesn't mean you were not provided with software. The
> Software is saved to Read Only Memory chips (ROMs) inside the DTXPress
> brain and it is very much covered under an end user license agreement.
> 
> You will typically find that all commercial software is covered with a
> slew of restrictions on its use. The ROMs in the DTXpress are covered
> under the same EULA as any other software provided by Yamaha with their
> products. I'd be willing to bet any Yamaha rep would back me up on this.
> 
> > And as such there is no "end user" but rather an "owner".
> 
> This is a surprisingly widely held (and very wrong!) conclusion. Just
> about every piece of digital electronic equipment has a microcontroller
> of some type in it. These itty-bitty computers each have software that
> guides their actions, and someone wrote that software and someone
> (intrinsicly) has a copyright on it. For an example of one of these tiny,
> embedable computers (which I use a bunch myself) look here:
> 
> <http://www.parallax.com>
> 
> The Basic Stamp is the one I use for small projects.
> 
> > The software you buy is licensed for use, you as the purchaser do not
> > own the software, you are given, a grant of usage for a specified
> > period of time.
> 
> Absolutely correct!
> 
> > Thus as an "Owner" of the product and not licensee
> > you would not be subject to a EULA.
> 
> This conclusion doesn't follow. If I purchase the DTXpress unit, I own
> the metal, plastic and silicon, but I do not *own* the software code that
> makes the contraption useful. I can do as I please with the physical
> pieces (except of course copy any aspect of the system covered by a
> patent, but thats a different thread all together!) but I am not allowed
> to extract the software that makes the machine run, and then copy and
> sell it to others. In fact the "classic Game" industry has had problems
> with this for quite a while.
> 
> If I were to follow the reasoning above, I would be able to purchase a
> stand-up "PACMAN" machine, remove and copy the ROMS and then sell them to
> people to use with a software product like "MAME" ( <http://www.mame.net/>
> ).
> 
> To be clear: When ROMS contain software, the copying of that software is
> at the discretion of the copyright holder.
> 
> The reason I had to chime in on this is that I just finished getting my 
> Certified Software Asset Manager (CSAM) certificate from IAITAM
> ( <http://www.iaitam.org)> and the legal use of software is the core of
> this
> course.
> 
> I could carry on an in depth discussion about this and about how I think
> some of the EULA restrictions by some of the manufacturers of software
> are despicable, but thats not a topic for *this* forum. ;)
> 
> Suffice to say, the DTXpress forum does not condone, nor will we allow
> the discussion of, methods to deprive vendors of their intellectual
> property.
> 
> If you need new ROMs, contact Yamaha and ask them. They've provided them
> to other users without charge in the past. Lets not give them a reason to
> worry. :)
> 
> Vern
> 
> --
> Vern Graner CNE/CNA/SSE     | "If the network is down, then you're
> Senior Systems Engineer     | obviously incompetent so why are we
> Texas Information Services | paying you? Of course, if the network
> <http://www.txis.com>         | is up, then we obviously don't need
> Austin Office 512 328-8947 | you, so why are we paying you?" \ufffdVLG
> 
> 
> 
> 
> 
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> 
> 
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