Re: AppleWorks GS and reclassification

[cturley2@aol.com (Cturley2)]

Jeff Blakeney wrote:

> If special permission was given by the copyright owner to allow
> DiversiTune to be distributed in a method other than commercially,
> then the program has been reclassified.  They have reclassified it so
> that it can be distributed in more ways than it used to be.
>

willie@ssc.qld.edu.au replied:
 <<   Actually, I beg to differ in thought about Jeff's view of the term
'reclassified' in the situation of DiversiTune.

    DiversiTune, when it was first distributed by Treasure Chest Project, still
remains a commercial copyrighted product status. The copyright owner, Bill,
have spelt out the rules of giving away the Apple IIGS version for free to
anyone from particular sites he okay'ed, but of course, there are conditions
attached.

    So long as the conditions are met, it is a legal site for distribution of
the software, even though it is still commercially avaliable.

    In my stand, DiversiTune is not a 'reclassified' software as such.
'reclassified software' by definition is a change of status from 'commercial'
to 'shareware/freeware' or 'public domain'. DiversiTune does not fall into that
category.>>

I certainly agree with you on that Willie. The reason Bill gave me for such was
that he has a Java online version of DiversiTune and did not want to reclassify
the IIgs version of DiversiTune as it might conflict and confuse people - with
respect to the status of the Java version online.

Apple Computer gave me a reply to the same basic logic with respect to 
AppleWorks for the Apple II computer.  They maintained that they had no
objection to it being online as an Apple II archive for the public access and
download as long as it was clear it was stated to be for the Apple II
computer.   They also made it clear it would not be placed on their own ftp
site for the same following logical reason.  

Because they have changed the name of ClarisWorks to AppleWorks for the Mac
(and soon for the PC platform also), they will not 
reclassify AppleWorks for the Apple II model.  It will remain a non-supported
and discontinued Apple II title that is and always will be classified as
commercial.  Thus, there will never be any form of official reclassification of
it from Apple Computer, by official posting, change statements issue, etc. 
And, it will never appear on the Apple ftp site in their support Apple II
folder or any other area.

They have no concern with who does what with the Appleworks GS v1.1
program, - as longas they do not archive it and offer it for sale as such. But,
for the same reasoning that I've outlined above they will never reclassify
AppleWorks GS  nor make it available for download in any archived format from
their own Apple ftp site either - as it has the name 'AppleWorks' within it.  

Is all this such a hard concept to understand from a legal, moral and logical
point of view?

So, if I desired too, I could archive and make AppleWorks GS v1.1 available for
public access and download from my own web site, without any fear or concern of
having any problems, complaints or demand for its removal - resulting from
Apple Computer.

The only reason I have not made AppleWorks GS v1.1 available from my web site
as such is simply that it's already available as such from another ftp and http
site - that I'm a member of the Adm. staff  of,
namely Tarnover.  

I certainly could put it on my own grin.net web site
if I wanted to and just may - simply to prove the point.  

Again, I'll clearly state to the public here that if I did my web site would
not receive any complaint from it's being there as such from Apple Computer nor
would any order to remove the archives of AppleWorks GS be issues from Apple
Computer.  There most likely would be complaints form several people within the
apple II community.  But, they don't own the rights to AppleWorks GS, so such
complaints would goe in one ear and out the other :)

With respect to AppleWorks v5.1 for the Apple II computer, I could also put it
on my web site or on Tarnover in ShrinkIt archive files without any fear or
concern of having any complaint from it's being there as such from Apple
Computer nor any order to remove the archives.  

The one and only reason that AppleWorks v5.1 for the Apple II model is not on
either site is simply because Bev told me if it did happen as such - without an
official notice released that it's OK from Apple computer - that she would
remove her web site and services that she offers for AppleWorks.  And, I DO NOT
want to take responsibility for that happening.

Of interest to all - I should make it perfectly clear that at Bev's request
when it was discovered that AppleWorks (all versions) were available on the
Asimov site - I contact the Asimov Adm. at Bev's request asking for the removal
of them.  That didn't happen.  I have no control over the Asimov site or it's
contents.  I did all I was able to do concerning Bev's request and could do
nothing more!

I think Asimov offers some needed services to the general apple II community
and I will not ignore it's presents or what it offers.  Some people call Asimov
a pirate site and some people call Asimov a legal
site.  I remain totally neutral on what I label the Asimov site as.  I
simply consider it to be a useful Apple II ftp site that offers much to the
needs of both the real Apple II owners and users as well as those that use
Apple II emulators.   

Another fact people should be made aware of also is that the appleWorks v5.1
update archive which is legally available on virtually every Apple II ftp and
web site or online service on the Internet - is 100% legal with it's release
and being available.  The only two files it lacks that would make it a fully
functional version of AppleWorks v5.1 for the Apple II computer model is ProDOS
8 and one missing SEG file (which I won't mention here).  

That missing SEG file could also be archive as a seperate file in a ShrinkIt
archive and made available as such via any ftp site and/or web site without any
objections from Apple Computer or without any legal action being taken or
demand ordered for its removal from Apple Computer.

Those are the facts as I see them.  Those are my thoughts and attitude
towards all of it - presented to the public for you to argue, debate, dispute,
flame, rant and rave over or whatever - until the end of time for all I care. 
My thoughts or attitudes on it will not change either.

If and when Bev should decide to allow me to make AppleWorks v5.1 in a full
function archive available from my web site or the Tarnover site, I
certainly would make it available as such  - promptly.   As long as Bev
does not want me too - I will not.  The reason again being  - simply because I
DO NOT want to be responsible for Bev and Texas II leaving the Apple II
community and  to stop furnishings her valued services in all respects.

Cheers,
Tom