Re: GS Icon file Verifier released

[rubywand@aol.com (RUBYWAND)]

In article <ge74254@pro-palmtree.cts.com>, rder@pro-palmtree.cts.com
(Richard Der) writes:

>.... 
>An even more muddy case is what that ftp.asmiov.net site is doing.
>That is a blatant violation of the copyright law that most will agree
>is contrary to both the spirit AND the literal interpretation. Some
>will argue that they are just trying to save dead software, but
>have they tried to contact the copyright holders at all (like was
>done in the "Lost Classics" project)?
>

     No doubt, the asimov people feel that the software they are using is
software that either   1- Nobody cares about selling  or  2-Somebody may
care about selling the item; but, he/she does not (or would not)
especially mind, for now, having asimov distribute image files. (Actually,
it is kind of flattering to come across a post requesting an image of a
game you created 13 years ago.)

     There is nothing at all muddy about the issue of copyright
violations. In the absence of permission from the copyright owner,
ftp.asimov.net violates a copyright each time it supplies a copyrighted
game to a user.

     As for the "Lost Classics Project", it is fair to say that, on a
for-pay on-line service, having Lost Classics available for downloading
represents an attraction with some monetary value. To not seek out
copyright owners would be hazardous. Most copyright holders will demand
compensation if property is exploited for monetary gain.

     An ftp site which obtains no monetary gain by supplying images is not
nearly so attractive and/or provocative a target as a major on-line
service. It is not surprising that those running it would not go to the
bother of contacting several hundred copyright holders.

     Certainly, there are users who enjoy downloading and uploading Apple
II oldies, fiddling with image files, experimenting with emulators, and
playing games which are no longer 'in print' on their PC's. Also, it seems
likely that asimov has been more successful in finding and preserving Lost
Classics than the original project.  

     Asimov does need to exercise a bit of discretion. For example, if, in
some cases, credits and copyright notices are removed, this practice
should be ended.

     In the absence of some sane structure for making so many oldies
available at reasonable prices or as shareware, perhaps asimov can be said
to provide a useful service. Basically, 'the jury is still out'; but, so
long as asimov is 'up front' about the wares it maintains, does not push
its luck regarding "oldie" status of the wares it accepts, and removes
wares when contacted by a copyright holder, it will probably be allowed to
operate.


Rubywand