Software Piracy : The Grey Area

[smentzer@pacbell.net (Steve Mentzer)]

Think about this...

Programs like:

	Apple Panic
	Berzap
	Beer Run
	Burgertime
	Choplifter
	Crisis Mountain
	Dung Beetles
	Bank Stree Writer
	DazzleDraw
	.
	.
	. And the list goes on and on and on....


Most of these programs were written in the very early 80's. You couldn't 
possibly hope to purchase a legal copy of these games, except for garage sales 
(if you are really lucky). Even then, garage sales are limited and cannot be 
counted on as "reliable sources".

Yes, most of these programs are still copyrighted. But think about it. Who is 
being hurt by someone downloading Dung Beetles? 

I think that I understand the position of Nathan and Joe and Richard. I think 
they fear that this will become a "slippery slope" and that when everyone 
thinks that downloading this software is OK, mass thievery will ensue and the 
IIgs will disappear completely.

I fail to see how anyone who thinks that the download of "dung beetles" or 
"bank street writer" could justify the copying of a NEW TCP/IP stack for the 
IIgs (which is propably the most significant breakthrough for the IIgs since 
it's inception). Anyone who can justify the theft of this 
COMMERCIALLY-AVAILABLE-SOFTWARE (well, at least in a few months) because he 
can download "Bank Street Writer" which YOU CANNOT BUY ANYMORE is going to 
steal the TCP/IP software anyway.

So, my position is simple.

	1 - If you can buy the software from a legit source ... BUY IT.
	2 - Old software that is still under copyright but no longer available
	    from a commercial source should be eligible for download and use.

My position....

	1 - Doesn't hurt any developers. Dont give me the argument that it
	    does because "if person can download x, they won't but y". That
	    is pure BS. The software that is available for download is old
	    and decrepit. It lacks features. People who want features will
	    pay the money. This is why shareware and freeware doesn't hurt 
	    the commercial software industry.

	2 - Doesn't hurt the defunct publishers. No-one is advocating the SALE 	    
	    of copyrighted titles. We just want to use what we cannot buy 
	    anymore, and if we could buy, we would.

	2 - Doesn't hurt the users. Users who can understand this position
	    are intelligent enough to "draw a line" between the available
	    software, and stuff you can't buy anymore.

	3 - Doesn't hurt the Apple II in general. In fact this position 
	    actually HELPS the apple II because without software, people
	    will not use a platform. There will never be enough developers
	    to fill the gap and develop commercially available titles that
	    mimic the glory of early apple II software.

So, where is the problem? We are not robbing the developers. We are not 
robbing the non-existant publishers. We are not contributing to the "slippery 
slope". Where is the problem?

If we follow the letter of the law, this entire argument would be over. But I 
don't think the law took into account this "grey area". We cannot apply 
morality, because morality is subjective, therefore invalid in any debate.

We can only dispute fact, and so far we have two competing sides of pure fact, 
neither of which makes any attempt to understand the other.

Now, I am calling for some rational discussion of this topic. Let's come to 
some sort of agreement. Check all of your grudges and morality at the door 
(that means you nathan) and let's be realistic and rational about a topic that 
will ultimately benefit the remaining apple II community. No more name 
calling, no more flames, no more hatred. Just realistic, rational discussion.

Think about it.. 

smentzer@pacbell.net