.: Legal Information

Legal

2 December 2016 - sparcdr


Agreement

Under penalty of perjury all persons must first read and acknowledge each section described on this page before downloading materials hosted on this website, .

Definitions

BSO Developer Network or BSO as it is collectively known identifies the site and/or network as well as its operators and/or users.

The shortened word SDK shall mean "Software Development Kit" but may also apply to "Driver Development Kit", "Development Kit", or simply "Driver Kit".

Disuse means the following:

  • Been out of support for a period greater to or equal to 10 years
  • Not been expanded upon to invoke automatic renewal provisions in the case of copyright
  • Not subject to copyright or trademark protections under current guidelines due to age or excemption
  • Still supported and formerly available to the public but is otherwise unavailable via expected means due to infrastructure failure or unannounced removal by the copyright holder or vendor responsible for distribution
  • Fallen into a legal grey area due to dissolution, liquidation, or other legal proceedings which left the asset without an owner, defacto or otherwise
  • Not subject to the same copyright guidelines as assumed or interpreted due to jurisdictional differences

General

BSO takes no responsibility for the implications or results of usage, archival and/or distribution of the materials provided on this website, nor does it make any claim of ownership or other legally binding conveyance that may be implied through the coincidental or otherwise use, archival and/or distribution of said material.

By using this website, you agree to have BSO held harmless for any losses, damages, penalties, expenses, claim of warranty, whether express or implied including the warranties of merchantability and fitness for particular purpose that may come as a result of the use of this website subject to your own local laws and jurisdiction.

Intent to Distribute

Digital downloads are made available on this website provided as a courtesy and as a convenience to users abroad who may be interested in learning about software or other digital content that has in general came into disuse or is/are otherwise protected by research, educational, fair use or copyleft exemption or for the sole purpose of media replacement for materials still subject to copyright but otherwise due to economic or regional scarcity remain unavailable.

Digital software provided on this website, including operating systems and sdks that have fell under disuse which remain subject to copyright shall be deemed exempt for the purposes of research and interoperability as provided under 17 U.S. Code § 1201, with emphasis on subsection F.

As quoted from 17 U.S. Code § 1201 as provided by the Cornell Law US Code website:

(1) Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily available to the person engaging in the circumvention, to the extent any such acts of identification and analysis do not constitute infringement under this title.

Jurisdiction

BSO respects the Berne, WIPO, and DMCA enforcement agreements made between the United States of America and Canada as such to be subject to the interpretation by the courts in the province of Quebec.

Compliance

In an effort to acknowledge our compliance with the Digital Millenium Copyright Act, we have provided supportive documentation such as citations for bills, amendments, laws, judgements or outcomes that exist, for the sole purpose of providing our own defense against false claims that may be made in regards to materials arguably not subject to such protections which are hosted on pages served from this network.

Safe Harbor

As required for compliance under 17 USC §512(C)(1)(C), BSO maintains an electronic mail box for the purposes of reporting abuse. Due to the extenuating and undue burden of maintaining this mailbox, site operators will make a best effort to handle each request with expediency.

Such requests by default shall be subject to qualification of merit and will be appropriately examined within a reasonable time-frame as provided by the Due Protection clauses (5th; 14th amendments) of the United States Constitution or alternatively under clause 39 of the Magna Carta in the case of claimed material(s) is/are owned by residents or controlling entities located in the United Kingdom or any of its non-celebratory territories.

Under the Safe Harbor provisions as known as "OCILLA" or the Online Copyright Infringement Liability Limitation Act under Title II of the DMCA, BSO reserves the right to at the behest of rights holders disable and/or remove materials subject of complaint without notice at any time.

Complaints can be submitted, subject of rightful review to abuse@binaryshadow.net and should usually expect a response within a business week or less.

As quoted from 17 U.S. Code § 512(C)(1) as provided by the Cornell Law US Code website, with emphasis on subsection C:

(1)In general.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—

(A)(I) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;

(A)(II) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or

(A)(II) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and

(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.

Fair Use

Under 17 USC §1201(c) BSO reserves its right to claim fair-use for materials which fall under the definition of disuse as aforementioned under the "Definitions" title of this page.

As quoted from 17 U.S. Code § 1201(C) as provided by the Cornell Law US Code website:

(1) Nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title.

(2) Nothing in this section shall enlarge or diminish vicarious or contributory liability for copyright infringement in connection with any technology, product, service, device, component, or part thereof.

(3) Nothing in this section shall require that the design of, or design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure, so long as such part or component, or the product in which such part or component is integrated, does not otherwise fall within the prohibitions of subsection (a)(2) or

(B)(1)(4) Nothing in this section shall enlarge or diminish any rights of free speech or the press for activities using consumer electronics, telecommunications, or computing products.

Reverse Engineering & Technological Circumvention

As implied under our Intent to Distribute section, BSO additionally invokes its rightto circumvent and/or reverse engineer computer programs which have fallen under disuse as provided by 17 U.S. Code § 1201(F)(1) collectively known as the interoperability provision for the purpose of providing access to a program whereas access and/or operation to functionality provided is otherwise no longer possible due to depreciation or scarcity of physical hardware protection mechanisms such as dongles, existent and unresolved software incompatibilities or other known or unknown limitations which prevent the otherwise lawful use of said computer program, where distribution of methods or post-facto software adaptations in which are made public are provided for the sole use of allowing the evaluation, research and/or as a result of no recourse to make function offered by the copyright holder or its responsible agents.

As quoted from 17 U.S. Code § 1201(F) as provided by the Cornell Law US Code website:

(1) Notwithstanding the provisions of subsection (a)(1)(A), a person who has lawfully obtained the right to use a copy of a computer program may circumvent a technological measure that effectively controls access to a particular portion of that program for the sole purpose of identifying and analyzing those elements of the program that are necessary to achieve interoperability of an independently created computer program with other programs, and that have not previously been readily available to the person engaging in the circumvention, to the extent any such acts of identification and analysis do not constitute infringement under this title.

(2) Notwithstanding the provisions of subsections (a)(2) and (b), a person may develop and employ technological means to circumvent a technological measure, or to circumvent protection afforded by a technological measure, in order to enable the identification and analysis under paragraph (1), or for the purpose of enabling interoperability of an independently created computer program with other programs, if such means are necessary to achieve such interoperability, to the extent that doing so does not constitute infringement under this title.

(3) The information acquired through the acts permitted under paragraph (1), and the means permitted underparagraph (2), may be made available to others if the person referred to in paragraph (1) or (2), as the case may be, provides such information or means solely for the purpose of enabling interoperability of an independently created computer program with other programs, and to the extent that doing so does not constitute infringement under this title or violate applicable law other than this section.

(4) For purposes of this subsection, the term “interoperability” means the ability of computer programs to exchange information, and of such programs mutually to use the information which has been exchanged.

EULA et. al

Computer programs made available on this website are intended for the specific uses described by each respective license and/or usage agreement contained therein.

All digital materials subject to copyright and/or other protections of ownership as made exempt under aforementioned sections, including but not limited to media, artwork, and documentation shall be used for research and educational purposes and must not be used in a commercial capacity except as permitted by local state or federal law unless otherwise provided by each respective owner.

Credits

Computer programs and other assets provided on this website may contain copyrighted, trademarked, patented, or licensed technologies or works from the following companies, educational/governmental institutions and/or individuals:

  • Acorn Computers (Acquired; Morgan Stanley)
  • Adobe Systems Incorporated
  • Aeroflex Inc. (Acquired; Cobham plc)
  • Alcatel-Lucent (Merged; Nokia Corporation)
  • Apple, Inc. (Formerly, Apple Computer, Inc.)
  • ARM Holdings (Subsidiary; SoftBank Group Corp.)
  • AT&T Corp.
  • ATI Technologies, Inc. (Acquired; Advanced Micro Devices, Inc.)
  • Compaq Computer Corporation (Acquired, HP Inc.)
  • Cypress Semiconductor Corporation
  • Dell Inc.
  • Diamond Multimedia
  • Digital Equipment Corporation (Acquired; Compaq Computer Corporation)
  • European Space Research and Technology Centre (ESTEC)
  • Fujitsu Ltd.
  • Intel Corporation
  • Koninklijke Philips N.V.
  • LSI Corporation (Subsidiary; Broadcom Limited)
  • Lucent Technologies, Inc. (Merged; Alcatel-Lucent)
  • Microsoft Corporation
  • MIPS Technologies (Subsidiary; Imagination Technologies Group plc)
  • Motorola, Inc.
  • MySQL AB (Acquired; Oracle Corporation)
  • National Aeronautics and Space Administration (NASA)
  • Novell, Inc. (Subsidiary; Micro Focus International)
  • Oracle Corporation
  • Panasonic Corporation
  • PostgreSQL Global Development Group
  • Red Hat, Inc.
  • Ross Technology, Inc. (Acquired; Fujitsu Ltd.)
  • S3 Graphics, Ltd. (Subsidiary; HTC)
  • Silicon Graphics, Inc. (Defunct; Sold to Rackable Systems, now Silicon Graphics International Corp.)
  • Sleepycat Software, Inc. (Acquired; Oracle Corporation)
  • SPARC International, Inc
  • Sun Microsystems (Acquired; Oracle Corporation)
  • SUSE (Subsidiary; Micro Focus International)
  • Texas Instruments
  • Trident Microsystems (Defunct)