Re: OMG!

[CUTjefbla@bconnex.net (Jeff Blakeney)]

On Tue, 29 May 2001 03:11:19 GMT, "**** ****" <***@***.com> wrote:

Sorry for taking so long to get back to you.  I had started working on
a reply to the entire message and wanted to go over it again before
sending it and then I lost all my spare time for a number of reasons
and couldn't deal with it again until now.

>Jeff Blakeney wrote in message
>
>>>Not necessarily true. With software as old as we are talking about,
>chances
>>>are there are quite a few originals that have been destroyed. Also, an
>>>original copy is a more substantial copy than someone's download off of
>>>Asimov so that they can play it on an emulator for 3 days, and then they
>>>delete it so that there is more room for Diablo II. If we contact someone
>>>who can prove that they've destroyed or thrown away an original,  and ask
>>>for their "license" are we then legal to download a single "copy" ?
>>
>>Not unless you can get the original disk.  :-)
>
>
>If it is physical property only, as this suggests, then my copy is my own
>work, and not subject to your laws. Either it is an abstract thing, or a
>literal thing, take your pick. Quit switching off, just so you can win an
>argument. License is license, so contacting someone who abandoned a license
>and recieving theirs should be enough to legally download it. Every little
>kid who lost the nintendo to a housefire, could easily download UltraHLE and
>grab the roms he lost, wouldn't you think? I mean, since a cart isn't a
>physical thing to be bought and owned?

You seem to want a better answer than my last one.  You asked:

     If we contact someone who can prove that they've destroyed or
     thrown away an original, and ask for their "license" are we then
     legal to download a single "copy"?

No, you cannot.  The license for that original only covers that
original.  If the original is destroyed, the license becomes useless
and if you want that program again you'll have to buy a new one.  Just
like if you own a house and the house is destroyed by a tornado, you
are not entitled to a new house for free, you have to pay for a new
one.

Using your example of the kid who lost his Nintendo to a housefire,
that kid would have to purchase a new Nintendo, because the one he
owned has been destroyed, and he would have to buy new licenses to the
games he used to own because his originals were destroyed thereby
making his old licenses useless.

By the way, the original doesn't have to be a physical disk or
cartridge either.  It could be an archive that was e-mailed to you.
The license still only applies to that original archive and if you
delete the archive, then you cannot transfer the license to anyone
else.

I've snipped the rest of your post and the responses I was making to
it as, after rereading it, it was all rather pointless as it was stuff
that you and I have gone over before in this newsgroup.

Besides, I'm going to have practically no free time again this coming
week to reply to any replies to this message.  :)

--
 Jeff Blakeney - Dean of the Apple II Unversity on A2Central.com