Re: AppleWorks GS and reclassification

[Rubywand <rubywand@swbell.net>]

tarage writes ...
> 
> This is the second time I've seen this kind of vague, "if I do something
> in a forest and no-one sees me, it doesn't count, right?" kind of
> thinking. Is it really that hard to NOT release software if you don't
> have the original author's blessing?

     First, what you need is the _current_ _owner's_ blessing. Locating the
current owner of a piece of software is often very time consuming.

     Second, in nearly all cases, there is no good reason for the current
owner of a piece of software to ever agree to a change of status (e.g. to
freeware which may be freely distributed or public domain).

     The current practice of 'unofficially' permitting public archives to
make old products available for downloading maximizes promotional benefits,
eliminates any need for product maintenance by the owner, and avoids giving
away product rights.

     The plain truth is that having someone contact you to request
reclassification of an old commercial product is an annoyance.



> Why can't we wait?

     You can, if you like. If you insist that owners go through the legal
hassle of reclassification and give up some or all rights to every product
you download, you will be in for a long wait. 



> Aren't you horribly disrespecting them if you public domain their 
> work WITHOUT permission, just because they didn't respond within your
> time frame?

1. With very few exceptions, no one can put a product into the public domain
except the owner of the product.

2. As far as the operation of the major archives is concerned, the business
about 'responding within some time frame' is fantasy.

3. Offering some 10-20 year-old out of print 'commercial' game, etc. for
download on a public archive does not damage ownership rights (_unless_ the
owner has been contacted and agrees that the product can be placed there). It
very definitely does not place the product in the public domain.

4. Almost always, especially if you are talking about any company or
individual currently engaged in software production, having an old product
(like Ultima I-V, the AD&D adventures, etc.)  available for downloading is a
pure plus. It's the cheapest, easiest way for old games with no commercial
value to still attract buyers for current PC products.

5. If the owner decides that a product should not be available for
downloading, it is only necessary to contact the archive to have it
withdrawn. (However, once it becomes known that a company or individual has
made such a request, it can be difficult for the owner to get the product
back on the archives because, then, an official statement changing the status
of the product is nearly unavoidable.)


> As
> far as I know only the copyright holder has the legal ability to release
> his/her work into the public domain, not anyone else.

     Correct.


> Just follow one
> simple rule -- if there's any doubt, assume it's still copyrighted!
 ....

     There is nearly never any doubt. 'It' is copyrighted. Virtually every
piece of software on the net which is not PD, is copyrighted.



Rubywand