Re: Licensing, distributing Apple II system software, and II computing

[Rubywand <rubywand@swbell.net>]

Roy and/or Janet Miller wrote:
> 
> Rubywand wrote:
> 
> > Eric Shepherd writes ...
> >
> > > I consider it my obligation to do so as a licensee.  It's called abiding by
> > > the terms of my signed agreement with Apple. :)
> > >
> 
> >     Apple's licenses do not appear to require that a licensee ask
 ....
> 
> Ah, but Sheppy is a *new* licensee. And as someone seeking to be an Apple licensee,
> he needs to ask about the software that he would like to offer. Which he did. I'm
> glad to know that he asked, I wish that Apple hadn't been so closed minded about
> it, but as someone seeking to get a license, what he did, and the way he did it, is
> exactly the proper path. Besides, it's the only intelligent thing he could have
> done.
> 
> >
 ....

> You really aren't too swift on the uptake are you Jeff? Reread Sheppy's first
> posting. Having reread it, please try to figure out how dumb your statement
> above is. 
 ....

     
     Here is the opening of the original posting from Sheppy:

>>
A2Central.com is pleased to announce that it has been licensed by Apple
Computer to distribute Apple II system software and select other software.
<<

It says nothing about "he and A2Central.com". It states that an entity called
"A2Central.com" now has a license. We may or may not infer that Sheppy (the individual)
has been a license holder. Inferring that he has been a license holder merely places his
confusion about the status of DOS 3.3 in a more positive light.


     Continuing with the licensing announcement:

>>
Additionally, we have been authorized to rearchive the files in formats
actually useful to Apple II users.

So, effective immediately, A2Central.com members can now download Apple II
system software, utilities, and HyperCard IIgs in ShrinkIt disk archive
format at <http://www.a2central.com/stuff/applesoftware>.
<<

The reference to A2Central.com "members" is odd for a free public on-line 'zine. Magazines
generally have subscribers, not members. Possibly, A2Central.com has been registered as a
kind of users group. This would automatically convey a license to distribute Apple's II
series software to members.


 ....

> >      The "don't ask" suggestion is based upon a common sense respect for the
> > wishes of the rights owner. It is obvious that Apple does not at all mind
> > having its Apple II system software freely distributed.
> 
> It's only obvious to someone who would make statements like the one you made above.
> To not ask but go ahead and distribute something that you don't have permission to
> distribute, well, only someone with a really warped psyche would see that as
> showing respect for the copyright holder.
> 

     Numerous on-line archives distribute Apple's Apple II software. They have done so,
up-front and openly, for years without any complaint or interference from Apple.
 
     The company's position vis-a-vis its II series software is clear. It views the
software as having no real commercial value and wishes it to be freely available to users.
At the same time, Apple wishes to avoid legally binding agreements which could damage its
ownership and/or force limitations on distribution.

     Essentially, Apple does not want to be bothered about its II series stuff. Requests
for "licensing" the software use up Apple personnel resources which could be profitably
invested somewhere else.

     If, with all of this nonsense about licensing zero-value software, you are chiefly
interested in posturing, fine. If, on the other hand, you truly aim to respect Apple's
wishes, then enjoy your Apple II software, help new users obtain it, and stop pestering
Apple's reps with goofy questions.



 ....

> > Apple most certainly will act to close down distriutions it
> > does not like. Apple has not opposed distributions of its
> > II series system software because the company has everything to gain and
> > nothing to lose.
> 
> Snort, chuckle, choke. If they have everything to gain from Apple II distribution,
> why not Mac OS System 6?
 ....

     Apple still sells Macs and Mac software.


> 
> An interesting thought just flashed through my mind

     It was bound to happen sooner or later.


 ....



Rubywand