Re: What about an Apple Gamebase ?

["Sean Fahey" <a2fan@hotmail.com>]

"Rubywand" <rubywand@swbell.net> wrote in message
4161A542.B44E0397@swbell.net">news:4161A542.B44E0397@swbell.net...

>      Took years of wrangling before we agreed that, okay, downloading Wavy
> Navy, Sneakers, Copy II Plus, Ultima III, Appleworks, Music Studio,
Dungeon
> Master, ... is not software piracy.

For the sake of accuracy, let's establish some facts:

1.) Current copyright laws grant holders amazing lengths of time to protect
their assets, and guarantees avenues of remedy when their rights
(entitlements) are violated.

2.) Copying copyrighted media without the publisher's/author's permission is
theft, unless a license or agreement states it's OK to do so.

3.) Most of the software that is downloaded, was at one time, commercially
sold product, with copyrights intact. Also, the anti-copying protections
originally placed on said software were circumvented specifically for the
purpose of illegally distibuting the "cracked" version of the product.

4.) Due to the obvious current market realities, it is not practical or cost
effective for a company such as the ones you mentioned to investigate and
pursue legal action - there is no benefit or cost reduction in reducing
Apple II piracy, nor is there much benefit in protecting their
(intellectual) assets unless they can be sold, rejuvenated or otherwise made
profitable again. This is partially the same reason why long-time companies
may not "free" their software. Examples: resurgence in retro-style arcades,
old video games being reinvented and modernized (Prince of Persia) create
new licensing and revenue opportunites. The reality is that companies don't
like to give things away for free (generally speaking).

For the sake of convenience, lets establish at least one belief:

1.) Because the original publishers (assuming they're still in business)
aren't actively investigating, suing or otherwise protecting their brands
and intellectual property, it might be interpreted that they have
"abandoned" their product to the public domain. Who out there supports 20
year-old software?

2.) Oh, there's got to be a few more here, but #1 or variations thereof seem
to be the main thing people use to justify what they do.

For the sake of honesty, lets summarize:

1.) Just because no one is hunting you down or seems to care that you're
copying WavyNavy, that still doesn't make it legal, and by definition it's
still piracy. Still, your risk of getting caught and prosecuted is
practically nil.

2.) It's true, copying 20-year old titles doesn't seem to be hurting anyone
right now - what damage there was, is done and long over -- unless is
contributes to the belief that software still being published, supported and
sold today is also "freely" copyable. Kinda "iffy" on that last one - seems
more of a morality issue.

I think some of the existing developers who still support the II are
concerned with the casual attitude some people may have about copying. It's
not like fortunes are being made or lost anymore - some guys are lucky to
get pizza money. Silvern Castle is an example - a LOT of people played it,
it was a VERY popular download - but except for a tiny few, no one
registered their copy or paid the modest shareware fee. Today it's free only
due to the generosity of Jeff Fink.

My position on copying old product is "plffst, could care less" but I do
prefer to get the originals when I can because the manual comes in handy
sometimes. But if it's still being sold, supported - I buy it.

Having just stepped off the soapbox, I part with, "Yeah, most everyone does
it - but don't say it isn't piracy... its just that no one cares anymore."