Re: Appleworks v5

[Sheldon Simms <sheldonsimms@yahoo.com>]

On Mon, 25 Aug 2003 23:53:16 +0000, M. Pender wrote:

> Does anyone know if they are actually 'pirate' software?  I thought they
> were just abandonware--they certainly don't have any of the usual
> indications of pirateware.

Depends on what is meant by 'pirate'. If it means that the copies are
legally copyright infringing, then yes they are pirate, as is all
'abandonware'. If 'pirate' means that they are being made available
contrary to the expressed will of the copyright holder, then no
they aren't.

'Pirate' is a bad word to describe the situation because it muddies the
legal and moral issues at stake. Legally, almost all of the software on
Asimov infringes copyright, however, it is also all abandoned software.
I am not aware of any software on Asimov that is being made available
against the expressed wishes of the copyright holder and I am also not
aware of any legal action taken by any copyright holder against Asimov
or any user of software from Asimov. (Note: I'm not the Asimov maintainer,
so there may be a lot I don't know)

Since there seems to be no legal barrier to copying and using software
from Asimov, each person must decide if the legally infringing status
of the software creates a personal moral barrier to using the software.

For me, the answer is that it does not. I see nothing wrong with
downloading and using software from Asimov. There is (unfortunately, IMO)
a hard core of Apple users that equate legal status with moral status.
This has hindered the Apple II user community for a long time in the
task of collecting and maintaing software archives that will preserve
Apple II software for the future. Someday all of those floppy disks and
cassettes will be gone forever and without the archiving of abandonware,
the programs stored on them will be lost forever.

Copyright purists would rather see 99% of Apple II software vanish
forever than make an copy that infringes on the copyright of a copyright
owner who couldn't care less what happens with the 20 year old,
unmarketable software that he incidentally (and perhaps unknowingly)
has rights to. The situation is not unlike driving above the speed
limit in order to take someone to the emergency room. It's illegal, yes,
but necessary. It would in fact be immoral not to do it.

-Sheldon