Re: Asimov Mirror Sites ... bypassing the debate?

[Rubywand <rubywand@swbell.net>]

Gareth Jones writes ...
> 
> Ah, we're once again in the piracy debate. I've put my own small
> contribution to this (the debate, that is, not piracy) at
> http://www.intergate.ca/personal/gslj/piracy.html
> 
> If anyone's interested, that is.
> 
> -Gareth

     It is an interesting article. Regarding some comments you make:

 ....
>>
The subject of the endless rancour is software piracy. The two main
viewpoints can be easily summarized:

   1.No program can be distributed freely unless the copyright holder
permits. 
   2.Any program can be distributed freely unless the copyright holder
objects
<<

     #2 is inaccurate. The position of the those who favor legal, free
distribution most certainly does _not_ include "any program". For example, it
does not include ProTerm 3.1, Convert 3200, Spectrum, or any other current
commercial software.

     Moreover, the free archives have a policy of removing software when a
copyright owner so requests. For example, several weeks ago, Ultima/gs was
delisted when Bill and Joe requested its removal from the archives. (BTW,
where is the promised new release of Ultima/gs?)

     In general, the archives try to avoid offering any piece of software
which has real commercial value or when there is any other reason to believe
that the copyright holder would object.



>>
A new trend is making both of these arguments irrelevant: An increasing
number of the best programs is already freeware. Distributing others is not
simply illegal, it is unnecessary.
<<

     There is no law against free distribution of software with no commercial
value. If there were, then, you should be absolutely astonished that so many
sites have done it openly, for years, with no interference from law
enforcement authorities. Were the distributions illegal, closing the sites
would be very easy.


     At most what you have are situations where reasonable, limited liberties
are taken. Taking non-damaging liberties with private property (as when
crossing a neighbor's yard to reach a bus stop) is seldom, per se, "illegal".

     As in most cases where no obvious damage to private property is
occurring, it is up to the software rights owner who objects to say "stop
it". Law enforcement will not become involved unless help is requested by the
owner; and, the extent of law enforcement involvement will be enforcement of
a cease and desist order.


>>
The debate is being bypassed; it can mutter itself into oblivion.
<<
     Partially true. However, looking to "reclassification" projects is,
mainly, a case of 'whistling in the dark'. The great mass of Apple II
software is never going to be "reclassified" via efforts such as Lost
Treasures.

     Ultimately, the solution will be a change in copyright law which limits
software ownership rights to something sane, like 5 years.


 ....
>>
why pirate Copy II Plus when ProSel is free?
<<

     It is impossible for anyone to "pirate" Copy II Plus. Everyone knows
that Central Point has no objection to distribution.

     As for substituting ProSel, you can not be serious.


>>
Why pirate GPLE when ProgramWriter is free?
<<

     GPLE? Good grief! Fortuantely, the Law is a bit more up-to-date.

     No disagreement about substituting Program Writer (so long as your Apple
II can run it). PW is one of the best A2 programs ever.


 ....
>>
The arguments will doubtless continue over games
<<
 ....

     Sure; since games constitute most of the old software people care about.


>>
So, people, let's all adopt a policy to recommend and distribute only
legitimate software wherever this choice exists. The policy leaves scope for
disagreement, but the scope contracts with every generous reclassification.
<<
 ....

     You are, of course, free to settle for bogus, extra-legal limitations on
the software you can use. Since the Law as it actually exists is more
reasonable and much less limiting, just abiding by the Law is the path most
users are likely to choose.



>>

Which raises an interesting problem.

What will we talk about then?
<<

LOL! Like what fun thing can we fight over next?

Hmmmm. Really, for a main 'issues' topic, there are lots of juicy
possibilities: emu vs. the real thing, preserving GS System vs. developing
something new, ways to promote users' groups, backward compatibility in a new
IIgs expansion, fixing messed-up forums, saving KFest, Bev, Tom, Quantum Cat,
... 




Rubywand