Re: Below the root question

[Rubywand <rubywand@swbell.net>]

Mike Pfaiffer writes ...
> 
> Bart wrote:
> 
> > I have a copy of the box, manual, what looks like a Game map but alas, no
> > floppy.
> 
>         In your case, I suppose you could argue you are the registered owner.
> Therefore you could *legally* go to the Azimov ftp site and download a
> "backup" of your game. Assuming it was up there in the first place.
> Likewise, since your disk was lost you could probably make a copy from
> another legitimate disk owner.
>
>         This gets into the grey area again. If there is nobody to complain about
> copyright violation, is there indeed a copyright violation? Even more,
> is there a copyright to be violated?
>
 ....

     Lack of interest does not automatically plop something into the public
domain. A copyright exists 'in itself'-- i.e. the owner does not need to
complain about violations. Unless the owner places the copyrighted item into
the public domain, the copyright exists.

     If someone makes anything but a backup copy of copyrighted software
without the permission of the copyright owner, then, by-definition, one
"violates" the copyright. (The copyright says 'You need to get permission'; if
you don't, you "violate" the need to get permission.)

     For practically all old commercial Apple II software, "violating" a
copyright by downloading a copy amounts to simply taking liberties with
someone's property (the copyright).  It does not break any law because the
copyrighted item-- such as a 15 year-old computer game-- has no significant
commercial value and is not covered by anti-piracy laws. Even so, download
sites will normally remove any item if this is requested by the copyright
owner. 


     The grey area relates chiefly to ethics. You have to decide whether or not
the copyright owner would mind if you 'take the liberty' of downloading the old
software. In the case of some ancient computer game like Below the Root, you
can be pretty sure that no one minds.



Rubywand