Re: Asimov Mirror Sites ... and the illegality myth

[Rubywand <rubywand@swbell.net>]

Paul Schlyter writes ...
> 
> In article <39279433.CDD5A7C0@swbell.net>,
> Rubywand  <rubywand@swbell.net> wrote:
> >Jeff Blakeney writes ...
> >>
> >> On Sat, 20 May 2000 16:05:45 -0600, solson@itec.net (Susan Olson)
> >> wrote:
> >>
> >> >C'mon people, this
> >> >software is between 15 and twenty years old,  how is a new II hobbyist
> >> >supposed to get involved when you people want to hoard all the old
> >> >software, hoping for some kind of windfall later. Are you gonna get
> >> >rich either by doing this or developing for the community?  If you're
> >> >motivated by profit, go work for Gates or Jobs etc.  If you want to 
> >> >have fun with your II, lighten up and enjoy it as a hobby.  It is 
> >> >not 1982, it is the year 2000.
> >>
> >> Regardless of their age or whether you use your Apple II as a hobby,
> >> the fact remains that most of the software on Asimov, its mirrors and
> >> any other sites like it are being distributed illegally.
> >>
> >
> >  You are talking about private property, which, by the way, is not yours.
> >If there is no reason to suppose that a copyright owner objects (or would
> >object) to having the property available to users, then talk of the old
> >software being "distributed illegally" is nonsense.
> 
> It's technically correct, although it's extremely unlikely that the law
> will ever be enforced here:  it's just too much trouble to legally
> protect somthing which has no value.  Only law freaks worry about this.
>
 ....


     The plain fact is that offering the old, out-of-print software is not
illegal. A software copyright is private property. No current anti-piracy laws,
either in intention or in fact, are directed to the protection of software
property which has no significant commercial value.

     Instead, as with most private property, it is left to the oldie software
rights owner to call for assistance to enforce ownership rights when this is
desired. So, about the closest any of the old-software archives can to get to
involvement with the Law is a civil cease and desist order. Even this is very
unlikely since the sites routinely offer to withdraw any item if so requested
by an owner.

     Putting the above more directly, you may be sure that, were it, per se,
illegal to distribute old, out-of-print software without the owner's express
permission, we would not have spent so much time and energy debating the ethics
of such distribution. The Law would act to enforce the supposed statutes, the
sites would be closed, and any debates about ethics would be largely academic.

     It is _because_ the distribution is not illegal and because most rights
owners choose not to express a position one way or the other and because we do
not wish to damage the value of anyone's property that ethical concerns have
practical impact.

     As has been demonstrated several times in the past, it is reasonable to
conclude that having an old, out-of-print product available for download by
users benefits the rights owner as well as those involved in creating the
product. Unless there is some special circumstance which indicates that
availability would damage an item's value, or the owner objects, then, offering
the product for free, open download is the reasonable, ethically correct thing
to do. 


     Admittedly, talk of "illegality" adds a touch of 'speak easy' pizzazz to
these debates. Some users clearly enjoy the myth of skirting the Law in
dealings with a shady Apple II underworld. Alas, 'it just ain't so'. Asimov is
a perfectly legal, well known archive which has been around for years.
'Fairway, Emunation, Vault, etc. are not secrets, either.

     If you can download Ultima, Bard's Tale, Champions of Krynn, etc. from
these places, it is not because the archives are engaged in a deadly battle
against major game makers. It is because Origin, Interplay, SSI, ... are run by
people who know that availability of their oldies boosts sales of current
offerings.

     These archives do, indeed, have to battle libelous postings, hacker
sabotage attempts, and what amount to denial of service email attacks on their
ISP's by the few remaining vogon types. But, none of these sites flaunts the
Law and no law enforcement authority is going to arrest anyone who downloads
the software they offer.



Rubywand