Monday, June 4, 2018

Legal Remedies for Copyright Infringement of Open Source Software & the Trouble with Temporary Copies

Clone consoles are nothing new, clones have been made since the Atari 2600 became successful.  During a console's market life and for years thereafter, clones were usually illegal because they infringed on the maker's patents.  But patents expire, usually after twenty years, and after the consoles that utilized those patented chips and technologies could be freely recreated.  For successful vintage consoles, hardware clones usually follow their patent expiration.  Early clones used reverse engineered ASICs to replicate the functionality of an Atari 2600, a NES, a SNES and a Genesis.  But newer clones frequently use ARM processors and run emulators to cut down on costs and improve features.  One such clone, the Hyperkin RetroN 5, caused a great deal of controversy when it was discovered to have used emulators without permission from their original authors.  Let's dive into the legal ramifications of the this behavior.