Re: Net piracy?

[mnementh@netcom.com (David R. Villegas)]

brian.chen@inetlink.berksys.com (BChen) wrote:
>Could anyone tell me how this pertains to distribution of out of print
>software on the net?  What do I get for "buying" this software?  Do I get
>tech support and guaranteed media?  What if the publisher doesn't sell the
>software or worse, the publisher is out of business?  
>
>I'm talking about Apple 2 software...not PC software or Mac software, but
>*Apple 2* software.  Apple quit making and supporting the platform years
>ago.  For the majority of this software we're talking about software no
>longer published for a machine no longer built and supported.  

Out of print material is not automatically public domain.  Otherwise,
duplicating out of print comic books, art books, and limited presses of
master tapes and Disney videos would be great.

A similar discussion took place on rec.games.video.classic.  The Atari
2600 is no longer supported but copying the PROMs in the cartridges so
everyone can have all the games they can't buy anymore is out of the
question.

Ever play Donkey Kong or Mario Bros. on your Apple?  You might still be able
to buy them brand new but I doubt that new copies of the Apple versions are
still being produced.  So a few years from now when you can't buy them
anymore, especially after BRCC shuts down, do they become public domain?
The copyright protects the game itself and you can buy a version of Donkey
Kong for your Game Boy.  For that matter, a lot of Apple software is still
available on other platforms.  The Mario character also has a copyright
and has appeared in spinoff games, a cartoon, and a movie.  Having the Apple
versions be public domain would violate these copyrights.

And Activision is re-releasing Pitfall with a secret level similar to the
original game.

Even if the material doesn't have a potential use in the future, the owner
simply may not want the material in public domain whether or not it's still
being produced or sold.

If a publisher is out of business, the copyright either transfers to the
original authors or to some party involved in the bankruptcy.

>The people that flamed the author of STM until he took the images site
>down should take a reality check.  I'm sure he would have removed specific
>software if requested but denouncing the whole site was somewhat
>irresponsible.  

Yeah, the site originally had public domain images and things supposedly there
with permission.  Then all of a sudden comp.emulators.apple2 came into being
and a lot of disk images (including many IBM ones) started popping up.

Someone now go to misc.legal and suggest photocopying out of print books.