Re: The NinjaForce Website, CSA2, Labels, etc.!

[Rubywand <rubywand@swbell.net>]

Michael Crane writes ...
 ....
>Rubywand <rubywand@swbell.net> wrote:
 ....
> > If the NinjaForce programmers are 'sending a message' to anyone, it is to
> > those who still mistakenly label responsibly managed archives as "pirate
> > sites" and call virtually all Apple II users "pirates".
 .... 
> So we see the old argument that, because it's not available from the
> author or any other legal source, it's all right to make it available
> for download on the "archive sites".

     Not exactly.

     The established position and practice is that, if the owner of software
rights does not object or is not likely to object, then, offering the software
for free downloading is a good thing to do.


> Unfortunately for all Apple II
> users, this is *still* illegal

     Clearly, you are mistaken. Sites have openly offered out-of-print wares
like Boulder Dash, David's Midnight Magic, Champions of Krynn, Enchanter,
Dungeon Master, etc. for years. To claim that it is illegal to offer such items
is to assert that law enforcement authorities are inept beyond the bounds of
credibility.

     In fact, offering such items is entirely legal.

     If Apple does not object to having its copyrighted IIgs ROM on Emulation
Net for download by Bernie users, no legal authority is going to close down Emu
Net for offering the ROM. If Activision does not mind having its old A2 games
available for download from Asimov, the Law is not going to interfer.


> and unethical.
 ....

     Again, not every piece software is offered for free download. If the
rights owner has said "no" or if there is a reasonable expectation that the
rights owner would object, the item is not offered.

     This leaves us with a vast body of freeware, shareware, and old commercial
software which, reasonably, can and should be made available for free
downloading:

o- Rights owners like SSI, Activision, Interplay, and Origin benefit from the
free advertising of their brand names in a very competitive market.

o- Programmers, artists, and others involved in production get another chance
for recognition and appreciation of their works.

o- Sellers of original software packages benefit from an expanding, interested
base of users, some of whom will want to buy originals.

o- Users benefit from access to the products.


     If rights owners are wise enough and generous enough to permit their
out-of-print products to be available, why should you object?

     For site owners and uploaders to make this software available to users is
not merely "not unethical" and "okay". Their work is ethical, good, and
appreciated by the great majority of Apple II and Apple II emu users.




Rubywand