Re: Regarding Asmiov (was: GS Icon file Verifier released)

[rubywand@aol.com (RUBYWAND)]

In article <gi01398@pro-palmtree.cts.com>, rder@pro-palmtree.cts.com
(Richard Der) writes:

> 
>.... they have AppleWorks. It wouldn't
>be so bad if they only had out of print software. Then, at least, you
>could make an argument of intent/spirit of the law vs. the letter of
>the law.
>

     If it's classic Appleworks 5.x, Asimov is asking for trouble. It
would be best to place such wares in a "Conserve, not for download"
folder.

 
>Even with the out of print software, it would make what they are doing
>more legit if they would email to the publishers informing them what
>they are going to do. This would notify the copyright holders so
>that they can respond if they wish. If they request that it be taken
>off, it should be. If they don't reply, then Asimov should attach a
>note to the archive saying that they tried to contact the copyright
>holder but have not yet recieved a reply. If the publisher/author
>grants formal rights, that should be made known too.
>.... 
> 
>A hundred or so email messages is not that big of an effort,
>especially since those old programs are mainly from several
>publishers.
>....

     Ideally, as you suggest, Asimov would attempt to contact each
copyright holder to obtain permission to maintain a downloadable image.
The holder would, then, evaluate the situation and make a decision based
upon impact on a ware's real market value and impact on enjoyment of
computing by Asimov users.

     Unfortunately, once contacted, a publisher representative is not
likely to go to the bother of considering any of the above. It is much
easier to just deny permission. To be fair, once asked, most copyright
holders may feel constrained to refuse on the grounds that consent may be
taken as releasing the software into the public domain.

     Asimov is a classic 'don't ask; don't tell' situation. So long as it
has the appearance of a bunch of users taking liberties with old software
copyrights; there is little danger that anyone will claim imaged wares
have been released to the public domain. So long as Asimov does not ask;
copyright holders need not say "No".


Rubywand