Re: Asimov performs a valuable service; so why fight over it

[Rubywand <rubywand@swbell.net>]

Jeffrey Robertson writes ...
> 
> In article <353EA2E3.9E42055E@swbell.net>,
> Rubywand  <rubywand@swbell.net> wrote:
> >
> >The reason this is important is that selling something for a profit
> >demonstrates that is has real market value.
> 
> Note that it doesn't matter if the pirate is selling or giving away
> the product; the issue is whether someone is trying to sell it, and
> hence is being deprived of legitimate income by the pirate.
>

     So far, the only direct legal definition of software piracy
presented here with any support is the one posted by SUPERTIMER. It
cited a court decision which rejected a software piracy charge because
the accused person was not selling the software.

     SUPERTIMER mentioned a new law which seems to consider demonstrated
damages to a seller; but, no specific, confirmed details were presented
nor was it clear that the new law makes any change in the definition of
software piracy from that established via the court decision.


     Even so, there was concern about possible damage to sellers of old
Apple II originals resulting from disk images of old software maintained
on software archives.

     Public libraries maintain large collections of books which are
freely available to readers. No one would insist that these libraries
should be closed to protect sellers of old books. There is general
agreement that public libraries promote interest in reading and in books
and that this helps boost both old and new book sales.


     Unlike public book libraries, Asimov maintains only the disk image
portion of a game. In most respects the advantage of old software
sellers vis-a-vis their archive is greater than that of book sellers
vis-a-vis public book libraries.

     I am looking at the manual for Dragon Wars from Interplay. DW is a
major long-play adventure which plays very much like Bard's Tale II.
This is reflected in the 42-page manual crammed with information about
Character attributes and skills, Spells, Combat, a map, ... . "Dragon
Wars Paragraphs" (i.e. numbered scenario snips you reference during
play) take up half of the manual. There are 147 of these scenario snips.

     Besides diskettes, inside the box there is also a poster and
fold-out Reference Card. The latter is packed with information about
setting up and starting the game, game controls, and game options such
as Character Transfer (from Bard's Tale I-III) and Automapping.

     My maps and Character sheets are also in the box. (My guys were
really 'loaded for bear' by the time of the big showdown.)  The box
makes a good place to keep all your stuff together.

     Dragon Wars (Program by Bill Heineman, Design by Paul Ryan O'Connor
and Brian Fargo, Artwork by Todd J. Camasta, Music by Kurt Heiden,
Manual by Paul Ryan O'Connor and Bill Dugan) is a great Apple II (IIe,
IIc, IIgs) adventure. It is guaranteed for many hours of fun.

     So, who in his/her right mind would seriously consider making do
with 'cheat sheets' and a disk image for playing Dragon Wars? Probably,
someone who would not buy the original whether or not it were available
on Asimov; or, perhaps, someone who does not know the original is
available from an established seller at a low price.

     A Dragon Wars disk image is very nice to have in our archive. It is
a backup for II users whose originals develop flaws, a means of playing
the game on PC, and a fine 'demo' for users like Stasis/Relentless to
check out. It is, also, an excellent advertisement for the skills of
those involved in its production and a certain lure for Interplay's
current PC games. The image is not a 'knock off' of the Dragon Wars
original. It is not a valid substitute for the original; and, it is not
competition for the Dragon Wars original.

     Exactly the same case can be made for Apple II SSI 'Gold Box' AD&D
adventures, Bard's Tale I-III, Neuromancer, all of the Ultimas, Universe
II, Omega, WindWalker, Enchanter, Elite, Wizardry I-V, and many other
games. If you try the disk image and like the game, the odds are that
you will, at least, seriously consider purchasing the original _if_ you
know that it is available at a low price and where to buy it.

     There are trade-offs for the old wares seller. Asimov and emulators
help greatly to maintain interest in Apple II computing and game
playing. The disk images, when transformed and moved to an Apple II, can
help to sell the user on buying the original.

     Still, there are bound to be times when an original, say of an
arcade game, has little to offer vis-a-vis the image except that it is
an original in a nice box. Even then, the seller may benefit from the
game's exposure; but, maybe not. On balance, the old Apple II wares
seller benefits greatly from the presence of Asimov.


 ....

> 
> This is the crux of the debate.  Some people cleave to the principle
> that pirating is wrong.  Others have a more flexible morality based
> on whether anyone is being hurt.

     Hardly anyone here has argued that genuine software piracy is
"okay". One of the useful outcomes of this discussion is a consensus
that, whatever you call it, software thievery is something to be
opposed.

     Here is a simple test which may help clarify things:


           X X X X  The Software Piracy Test  X X X X

Question: Suppose a software archive named "Saberhagen" maintains only
one piece of software. It is an old out of print Apple II game called
"Narf" originally published in 1985 by SoftStorm for $39.95.

The copyright now belongs to the game's author. The author knows that
Narf is on Saberhagen and does not mind-- in fact, she is quite pleased.

Saberhagen is entirely willing to remove Narf should it be asked to do
so by the copyright owner.

Is Saberhagen a "pirate site"?  

_____________________



> I doubt either side will ever agree
> with the other.
 ....

     Probably not; that's why they are "sides"! One nice result of the
debates could be that more users will think in terms of _their_ side--
i.e. what makes sense to you and what works best for you.



Rubywand