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Re: Software on Old Disks



John B. Matthews wrote:
In article <WLdZe.2615$G64.250@newssvr12.news.prodigy.com>,
 Steven Lichter <shlichter@diespammers.com> wrote:


Zorin the Lynx wrote:

Great Hierophant wrote:
[...]
This, by the way, is why I get so annoyed when folks whine about Asimov and piracy; I think letting this software languish and become lost to history is a much greater crime than pirating software that is no longer commercially viable and not distributed by its authors.

-Z


Some authors don't want their works distributed in this way and we all have to respect that. Even if they are lost, the person who wrote the program aor has the rights has the final say.


Not entirely. Each party to a copyright matter has the rights and obligations specified in Title 17 of the USC and elsewhere. For example, �117 imposes limitations on the author's exclusive rights over computer programs.

The legalities of fair use preservation by individuals and libraries are discussed here:

<http://fairuse.stanford.edu/commentary_and_analysis/2003_11_hirtle.html>

In particular, "[Users] may also bypass access control mechanisms in computer programs and video games distributed in formats that have become obsolete and which require the original media or hardware as a condition of access."

We may note that Apple Computer assiduously refers to the Apple II line of computers in terms suggesting that the series is obsolete.


If they did not then it would turn the net into hell and then we would have the Feds and others trying to regulate, and all the sites would go down. Just look at what has happened to music sites that allowed user to user D/L's.


IANAL.

Then how do you explain publishers that are still supporting the Apple II by writing programs, that gives you the right to that persons programs and use them without compensation or without their permission? If the program has been abandoned and is not being supported in any way, then maybe. I hold the rights to the Apple II BBS program GBBS, right now it is not being sold, but as I have had time I'm updating it to work with the Y2k problems it had as well as updating it to be able to work over the Internet. I may not be selling it, but I am working on the program and still own the rights, with by the way, I paid a lot more then it was worth at the time to save it because Lance was going to dump it. I have found a few sits where it was up and had it removed. But I have not done anything to a few systems that are up which don't seem to have bought it, that does not mean I can't, the law does allow me and as a member of the Software Publishers Association, could have them take action against anyone using or distributing the program.

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