Re: Concerning Apple II archives online from Apple Computer ftp site

[CUTblakeney@home.com (Jeff Blakeney)]

On Thu, 04 May 2000 06:02:42 -0500, Rubywand <rubywand@swbell.net>
wrote:

>     Why? The files available from Apple require patching and are barely
>accessible unless you have a Mac-- which excludes most users.

Because it is illegal.

>     If a site publicly offers plain A2-compatible ShrinkIt System 6.0.1 files
>for downloading and Apple does not object, why should you?

Because it is illegal.

>     Similarly, if a site publicly offers the IIgs ROM for download by Bernie
>IIgs emulator users and Apple does not object, why should you?

Because it is illegal (although this is a grey area still).

>     A worthy effort; but, as you now know, doomed. The owner of a product can
>not openly agree to permitting free distribution of a product without, in
>effect, saying "this stuff has no commercial value".

Sure they can.  Just because they've decided to give it away for free
doesn't mean it has no commercial value.  For example, Apple used to
sell the IIgs System Software but allowed it to be freely
distributable by licensed people/organizations.  The version you
bought came with original disks and a manual but if you didn't need
those you could get your local Apple Dealer or other licensed entity
to make copies of the disk(s) for you.

By the way, even if a product is freely distributed and has no
commercial value that has no bearing on ownership rights.

>Sure, the owner retains
>product rights; but, should anyone abuse the rights, the owner can expect to
>obtain zilch for "damages".

Yes they can expect to be compensated for people abusing their rights
or at the very least have the abuser punished.  Ownership is not
always about money.

>Openly granting free distribution destroys an
>owner's chief means of defending ownership rights.

No it doesn't.

>     Had you simply avoided asking for permission and offered the system
>software Apple would not have minded a bit. Very likely, the company would
>have been glad to have II users go somewhere else for System, HyperCard, etc.
>downloads. 

How do you know?  From a historical perspective, Apple has always been
very adverse to giving anyone a license to distribute their System
Software electronically.  They have been okay with letting people
distribute it via disks but not via BBS' or FTP or web sites.  If
something has happened to change that policy then I'm sure that they
will be quite happy to give people a license to distribute their
system software electronically.  Unfortunately, those that have been
asking lately have been getting denied.

>Everyone would have benefited.

Everyone would benefit if everyone involved were to know what is going
on and to know that everything was being done legally.

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| Jeff Blakeney - Dean of the Apple II University in A2Pro on Delphi     |
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