Re: Charlez Turley

[Antoine Vignau <vignau@easynet.fr>]

Toby Reiter wrote:
> 
> On 13 Feb 1997, Owsw wrote:
> >
> > Henrik 'Ratte' Gudat (GUDATH@EZINFO.VMSMAIL.ETHZ.CH) wrote:
> > : Thinking about it, I don't think posting this list (I know it does
> > exist) is
> > : fair. (Heh, no I'm not listed. :-) ) As someone else said, some may have
> >
> > : downloaded it without knowing it's
> > : commercial. While there might still be neurotic pirates among them,
> > let;'s just
> > : focus on the guy who uploaded the software.
> >
> 
> I have a question--did Tom own a legitimate copy of LemminGS or
> Convert3200? If not, one would need to look at where it could have
> possibly gotten to him.  In addition, if he does own such software, then
> what exactly are the legal implications in terms of archiving it.   After
> all, if we are allowed to make duplicate floppies on disk, shouldn't we be
> allowed to archive them on an account somewhere. Wouldn't it make sense
> that since the downloaders are being proactive (meaning they are finding
> the software and downloading it, rather than having it sent to their
> accounts from Dr.Tom) that they are the ones truly at fault.  It would
> seem to be somewhat of a loophole for Tom, but in all actuality, he really
> did not participate in any ways in actually _pirating_ the software.  If
> he was opening up his ftp site for a fee, or actively advertising it as a
> ftp site for such programs, then it would be relatively easy to accuse him
> of doing so.
> 
> You cannot say all of these downloaders are completely innocent,
> especially since, considering Joe Kohn's disbelief at the list, that these
> people knew very well what they were downloading.  If, in fact, we can be
> relatively sure that these are the people who downloaded the software, the
> list should definitely be posted.
> 
> Just my two bits (25 cents, 0010)
> 
> Toby Reiter

Hi,

As far as the Law is concerned, we are able to make a backup copy of every
software that we use. In France, this is allowed by the laws of 03/15/1957
and by a law of 1989.
But, this backup copy is for PERSONNAL use. Let me insist on the personnal
use. That means that copying it with a bit-copier (if disk protected) is
allowed and posting it onto your account your account is still allowed.
That is right, I cannot deny it (I have my personnal account even though
I never post anything that may interest anybody else) but I have
never done a LINK or an ARTICLE writing or saying that the software is
on my account.

If you keep it for you (if you had bought the software, thing that some people
had never done), that is okay nevertheless telling it is illegal. you then
accept that somebody downloads it from your site and that you take part
of what I call PIRACY. And if somebody get it from you, that means that
you allowed people to visit your site.

A message from Antoine Vignau
member of Brutal Deluxe Software
vignau@isi.u-psud.fr