Re: Asimov archive

[Rubywand <rubywand@swbell.net>]

AHML Patron wrote:
> 
> Is the Apple II software available at FTP://ftp.apple.asimov.net illegal
> to download? I have seen some programs offered that I have bought legaly
> at my local software stores several years ago.
> 
> Even if the site is illegal, is it legal for me to downloaded a cracked
> copy of the aformentioned software from Asimov?


     Yes.

     Asimov maintains copies of many wares for which I have the
originals, too. We might claim that this may make your originals and
mine a bit less valuable; but, we do not own the copyrights. Our rights
are not being violated.

     Actually, the impact of sites like Asimov upon the value of an
original copy of an old Apple II game is by no means clearly negative.
Very few original copies of games like Ultima, Questron, Shadowkeep,
Enchanter, Sorceror, Wizardry, Robot Odyssey, and Elite are available
from current owners-- for sure, I have no intention of selling mine.

     Were it not for Asimov, gm.de, uni.kl.de, etc. so few users would
be playing Apple II games that the Apple II gaming culture would cease
to exist. Instead, lots of Apple II owners are playing the vintage games
and, thanks to emulators, so are many PC and Mac users. If anything, the
activity generated by sites like Asimov increases interest in original
copies; they are worth _more_, not less.

     It is true that, unless given permission by the copyright holder,
Asimov and other emulator sites do not have a right to make a copy of a
copyrighted game available for downloading. They are, however, free to
act on principle and 'go out on a limb' in order to provide an important
service. If the copyright holder should object, he or she could insist
that the game be removed and expect to have the backing of legal
authorities as well as csa2 members.

     That Asimov and other sites continue to maintain collections of old
Apple II wares clearly indicates the attitude of old wares copyright
holders. While some may know nothing of Asimov, you may be sure that
many copyright holders are aware that their properties are maintained on
ftp sites for downloading. Either these individuals do not care or are
actually pleased to see that the wares are still of interest to users.

     LJSILICON suggested that failing to defend a copyright might result
in a loss of copyright protection. In the case of the wares on A2 ftp
sites, this seems very unlikely. For one thing, all of the copyrighted
wares are well known to be copyrighted. No one could make a 'good faith'
argument that he/she had a right to some product, performance, etc.
incorporating any of the wares due to time, effort, and money invested
while in ignorance of copyright status.  

     Granted, Asimov and other sites which maintain old Apple II
software products could not exist without the tacit aquiescence of at
least some of the copyright holders. Such a standing does not give away
the copyright owners right to demand that a product be removed from a
site.

     Really, though, why should copyright holders object? SSI, for
example, cannot afford to sell Apple II versions of Realms of Darkness
or 'Azure Bonds at their real 1997 market value. The costs of production
would wipe out any profit. The same is true for other game makers.

     On the other hand, every user who downloads and enjoys an SSI,
Sir-Tech, Sierra, ... oldie is going to look for products from a
favorite vendor when purchasing a new game for his/her PC or Mac.

     This can also work for the programmer who is an oldie copyright
holder. An ancient Apple II game may have little or no potential as a
commercial product; but, if 1997 users can download and enjoy the game,
this could pay off in name recognition and a better shot at selling
future wares.

     Of course, there are exceptions; and, so, there are quite a few old
wares which are not available for free downloading. The copyright holder
who insists that Asimov remove an old product from its download list is,
probably, making a mistake; but, that is for the owner of the copyright
to decide.

     As for the legal authorities, the 'rules of the game' seem clear
enough. Ancient, out-of-print software with little or no real market
value simply will not 'show up on their radar' unless a copyright owner
makes a complaint. The Law has enough genuine problems with which to
deal. Why should it care about Apple II ftp sites which benefit everyone
involved?



Rubywand