Re: Different Idea... (WAS Re: Net piracy?)

[jeffr@bmerha2a.bnr.ca (Jeffrey Robertson)]

OK, OK, I know I said I was dropping out of this, but this guy seems to
be sincerly asking a questiong here:

In article <mnementhCtD3sG.66I@netcom.com>,
David R. Villegas <mnementh@netcom.com> wrote:
>
>I was just playing a Steve Martin album on my 8-track player.  Can I argue
>that it's legal or moral for me to copy copyrighted 8-tracks since I've
>exhausted all possible ways to get new/used ones?  (I prefer compact discs
>anyway.)
>
>This analogy comes to mind because Leisure Suit Larry and some of the items
>listed in the Cassandra directory are currently still available on other types
>of computers.  And financial and other productivity software is trivial to
>find on other computers as well.

Well, in the case of your 8-track, the law would go something like this:
Case (a) you have an 8-track tape you want to play in your new car, which has
a cassette deck.  You're allowed to copy the 8track onto a cassette and use
it.  That's part of "fair use".  Presumably you should destroy the 8track
afterwards, or at least never listen to both at once.  This follows the idea
of buying the right to use the software (music), but not the media.

Case (b) you want to play the latest Rush album on your 8track.  Buy it on CD,
and copy it onto 8track.  Again, the fair use doctrine applies.  Just because
you can't buy it on 8track doesn't mean you don't have to buy it at all.

Now, since software is not so easily copied between platforms, you've got a
problem.  LSL is case (b):  you can buy it only for other platforms.  I'd say
you should be allowed to buy the IBM version, reverse engineer it, and write
an Apple II version, which only you would use.  A whole lot of work, but it
fits the idea of using the software, not the media.  Of course, some licences
specificly forbit reverse engineering, but that's another issue.

>
>
>Are out-of-print items public domain or are they now just collectors' items?

If the copyright holder defends the copyright, they are collector's items.
(Assumine someone wants to pay to collect them, of course).  If the copyright
holder doesn't care, they're public domain.  ... And we're right back to
the same old argument.

Cheers,
-- 
-------------------------------------+----------------+-----------------
Jeffrey Robertson                    |  jeffr@bnr.ca  |      BNR, Ottawa
"I speak for myself, not BNR" - Me   +----------------+       (Meriline)
"Verbing weirds language" - Calvin                      OC-48 FiberWorld