Re: Asimov performs a valuable service; so why fight over it

[jimw@vosaic.com (Jim Wong)]

In article <35460587.8EF1A55B@swbell.net>, rubywand@swbell.net wrote:

> Question: Suppose a software archive named "Saberhagen" maintains only
> one piece of software. It is an old out of print Apple II game called
> "Narf" originally published in 1985 by SoftStorm for $39.95.
> 
> Every day, more new Apple II owners download Narf and the game is often
> discussed on rec.arts.game.oldies.
> 
> The copyright now belongs to the game's author. Although never contacted
> by Saberhagen, the author knows that Narf is on the site and does not
> mind-- in fact, she is quite pleased and has received several
> good-paying job offers as a result of the publicity.
> 
> Saberhagen is entirely willing to remove Narf should it be asked to do
> so by the copyright owner.
> 
> Is Saberhagen a "pirate site"?

Of course not -- from what you've said, the holder of the copyright has
granted permission, if only informally, to redistribute this piece of
software.  Of course, lacking any sort of formal documentation of this
permission, the operator of the site is at risk should the author ever
change her mind.  That doesn't make him a thief, just stupid.

I don't see how this case is even remotely germane to the issue of
software which has been redistributed without the copyright holder's
knowledge, however.