Re: Asimov Mirror Sites Access Information

[Roy and/or Janet Miller <millers@inetnebr.com>]

Paul Schlyter wrote:

> Otherwise I think that if all the tthree conditions below apply,
> then it's acceptable to "pirate" the software:
>
> 1. The copyright holder cannot be located, despite serious attempts, so you
>    cannot ask for permission
>

This one is understandable, and almost defensible... except if I wanted to use your
car. Usually you respond by saying something to the effect that the value is
different. Well, I've never seen new software that cost more than a new car, but then
I don't use mainframe computers, or highly specialized software either. More to the
point though, is the old software does have value - if it didn't, why would people
want to download it? Why would anyone what to run it if it has no value?

>
> 2. The software is abandonware since many years and is obviously without
>    commercial value: it cannot be bought anywhere, it hasn't been advertised
>    for a very long time, etc
>

"Abandonware. Cute term. Where in U.S. of  A. law is that term defined? Since most of
the software we are discussing is covered by US law, and reciprocal agreements with
other nations, Swedish law doesn't count for much here. Now, if the publishing company
had gone out of business you might call it Orphanware, but then, the copyright would
revert to the author, and he or she might not consider their art an orphan. I think we
should declare the work of the Dutch masters as abandonware, and everyone have a crack
at getting it. Don't you agree?

>
> 3. The risk of getting into legal trouble because of this is virtually nonexistent
>

Oh, the old, "if you don't get caught it's legal" argument. Hitler loved that one.

>
> If all these conditions apply, I won't feel indecent

What feelings have to do with a legal or logical argument?

> at all if I make
> a "pirate" copy of this -- just like I won't feel indecent

And if I don't feel indecent for taking something that belongs to then it's ok, right?
Esp. if I don't get caught doing it.

> by picking
> up a stick or a stone from the ground of someone else's property:
> nobody is getting harmed in any way by such an action.
>
> Do I *need* to do this?  Of course not!  I don't *need* to deal with
> the old Apple II and its software at all; I would easily survive
> without it.  But we do a lot of things just because we *want* to,
> even if we don't *need* to do them.  And I think that's perfectly OK,
> as long as we don't do anyone else any harm.

But if you haven't asked, how do you know if you are doing harm. If the software is
truly valueless then why do you or anyone else want it? Care for some 5 year old
Lincoln Journal Star newspapers?

Roy