Re: Some copyright info to think about

[!smentzer@ecom.net (Steve Mentzer)]

>>My whole take on this argument can be summed up pretty easily. If the 
>>software is no longer being published and the platform is no longer being 
>>made, the software should be freely available for download. 
>
>   Sorry, copyright law says otherwise, and your feelings on this are
>irrelevant under the law. You *MUST* ask first, or it's piracy right
>now. Or, work to change the law, but until then, you must obey
>it. Contact your local congresscritter for changes in the laws--
>merely acting like the law is toilet paper as most pirates do sure
>doesn't make anyone want to be nice back to them.
>


Yes, and guess what nathan. When I cross the street in downtown LA, and there 
is no traffic to be found anywhere, and I am not near a crosswalk, I am 
breaking the law. Yes.....

Does that deter me?    No.....

Am I hurting anyone?   No.....

When I download a piece of software that is no longer being sold, and is no 
longer supported or available through any legitimate business channel, am I 
breaking the law?   Yes....

Does that deter me?    No....

Am I hurting anyone?   No....

Nathan, laws were put in place to be a generalized source of rules that we must 
obey to respect the rights of all US citizens. However, sometimes laws gloss 
over or lose sight of the details of specific issues. Lawmakers know this.

But living in your little panacea saying "Call you congresswoman and get the 
laws changed" is a pipe dream. This isn't going to happen. First of all, the 
free distribution of software scares manufacturers, and they will oppose it, 
regardless of content just out of fear. Second, a grass-roots campaign of this 
sort would only be effective at a federal level, and getting support for a new 
law of this nature takes $$$ and LOTS OF IT. That isn't gonna happen either.

So, take off the rose colored glasses, and view reality for a change.

Your solutions leave us with 3 choices.

	o Get the laws changed (fat chance)
	o Find the company, authors, or publishers of the software and 
	  get them to reclassify it as shareware (good luck finding 75%
	  of these people). 
	o Wait until the copyrights run out (~84 years and counting?).

The only reasonable choice is the 2nd, which means that someone with a LOT of 
time on their hands (and a good lawyer) would have to convince the legal 
department of some company or individual that propably doesn't exist that you 
want to have them release a holding with tangible value to the public for free 
use and distribution, even though they have no intention of distributing or 
marketing the software anyway. 

Does this sound a little unrealistic? I thought so.

Wake up nathan. This is not a black and white issue. 

smentzer@ecom.net