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

[Rubywand <rubywand@swbell.net>]

Eric Shepherd writes ...
> 
> in article 39DA42D5.C2B9B5AE@swbell.net, Rubywand at rubywand@swbell.net
> wrote on 10/3/00 1:34 PM:
> 
> > Next time, don't ask.
> 
> I consider it my obligation to do so as a licensee.  It's called abiding by
> the terms of my signed agreement with Apple. :)
> 
> --
> Eric Shepherd
> Editor
> A2Central.com
> Where "Apple II Forever" is a way of life.


     Apple's licenses do not appear to require that a licensee ask if his/her
license is still good. They generally specify that Apple will inform the
licensee should there be a change in status.

     As was mentioned a few months ago, Apple said that it had not sent out
cancellation notices. Unless you knew of notices being sent, there was no
reason to be concerned that you had missed a notification and no obligation to
contact Apple.

     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.

     As was illustrated in a recent situation involving unathorized
distribution of Mac system software, 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.

     Given the above, asking for permission to distribute, say, DOS 3.3 serves
no useful purpose. First, it puts a company rep 'on the spot' to come up with a
potentially legally binding response in a situation where ambiguity is
preferred. Second, it allows the possibility of an error on the part of the
responding company rep which could produce a "no". (The "no" you received for
DOS 3.3 is almost certainly a mistake. DOS 3.3 is expressly included in the
standard distribution license granted to any user group.)

     Once you ask and get a "no", you're stuck with either pursuing the matter
until you get a "yes" or accepting the refusal and, in this case, not
distributing bootable DOS 3.3 disks.


     It is nice that you now feel that you can distribute most Apple II system
software. On the other hand, users, small scale commercial sellers, and on-line
archives have, with no special license, been distributing Apple II system
software, including DOS 3.3, for years. Their activities in support of II
computing are the chief reason you can, in 2000 AD, talk about "Apple II
Forever" and produce a 'zine anyone is around to read.



Rubywand