Re: Charlez Turley

[Toby Reiter <treiter@cs.oberlin.edu>]

On 13 Feb 1997, Owsw wrote:
> 
> Henrik 'Ratte' Gudat (GUDATH@EZINFO.VMSMAIL.ETHZ.CH) wrote:
> : Thinking about it, I don't think posting this list (I know it does
> exist) is
> : fair. (Heh, no I'm not listed. :-) ) As someone else said, some may have
> 
> : downloaded it without knowing it's
> : commercial. While there might still be neurotic pirates among them,
> let;'s just
> : focus on the guy who uploaded the software.
> 

I have a question--did Tom own a legitimate copy of LemminGS or
Convert3200? If not, one would need to look at where it could have
possibly gotten to him.  In addition, if he does own such software, then
what exactly are the legal implications in terms of archiving it.   After
all, if we are allowed to make duplicate floppies on disk, shouldn't we be
allowed to archive them on an account somewhere. Wouldn't it make sense
that since the downloaders are being proactive (meaning they are finding
the software and downloading it, rather than having it sent to their
accounts from Dr.Tom) that they are the ones truly at fault.  It would
seem to be somewhat of a loophole for Tom, but in all actuality, he really
did not participate in any ways in actually _pirating_ the software.  If
he was opening up his ftp site for a fee, or actively advertising it as a
ftp site for such programs, then it would be relatively easy to accuse him
of doing so.

You cannot say all of these downloaders are completely innocent,
especially since, considering Joe Kohn's disbelief at the list, that these
people knew very well what they were downloading.  If, in fact, we can be
relatively sure that these are the people who downloaded the software, the
list should definitely be posted.

Just my two bits (25 cents, 0010)

Toby Reiter