Copying Software Of Dead Companies

Copying Software Of Dead Companies

Post by dennis mcclain-furmans » Fri, 29 May 1992 06:38:46




Quote:>But in the case I'm talking about, the author has no need for the program,...

By the law, he doesn't have to show one. But by logic, his ownership only has
value if the item has potential value. He *might* have a need for it later, and
this is what is protected.

I just saw Jefferson Starship last night. They played "Have You Seen The
Saucers", something they they've rarely done since they played the Winterland
circuit in the late 60's. Paul Kantner decided he needed the income, and so he
went on the road. A song that had little or no value for years was part of what
I paid to see.

You never know if Mark Pelczaski is going to come out of retirement and try to
sell some of the stuff he did with Penguin. As long as he might, it has
potential monetary value.

Quote:>and derives no benefit from it...

No benefit > at this time < . You can't say it will remain this way.

Quote:>[after an extended time] he is still entitled to protection under the
>copyright law?

For his entire lifetime, and the lifetime of his heirs. I don't know how it's
handled in cases of company owned copyrights that aren't specifically stated in
a dissolution of corporation. It may revert to the original owner, or someone
may inherit it, and therefore be an heir. In dissolutions, the rights are
transfered intact just as if sold complete - 'all rights'.
 
 
 

Copying Software Of Dead Companies

Post by Ed Watke » Sat, 30 May 1992 01:31:46



Quote:> You never know if Mark Pelczaski is going to come out of retirement and try to
> sell some of the stuff he did with Penguin. As long as he might, it has
> potential monetary value.

Do I need to beat this into everyone? Please read the following line:

I AM ADVOCATING TRYING TO FIND THE AUTHOR AND ASKING HIM/HER/IT ABOUT THE
STATUS OF THEIR SOFTWARE. IF THE AUTHOR IS SO OUT OF TOUCH WITH COMPUTERS
THAT NO ONE CAN FIND HIM/HER/IT, IT'S SAFE TO SAY THAT THE AUTHOR IS NOT
LIKELY TO CARE ALL THAT MUCH ABOUT HIS/HER/ITS SOFTWARE WHICH HAS BEEN SITTING
AROUND AND ROTTING FOR SEVERAL YEARS.

Sorry for the caps, but I'm getting sick of saying this every time someone
posts. In the Penguin case, you would attempt to find Mark P. and ask him.
If you searched with all your might, and could not find him, I wouldn't be
upset if someone copied the software.

I have a stake in what I'm saying: I'm a programmer too. If I wrote something
for the VIC-20 ten years ago, I wouldn't now go to the trouble of releasing it
into the public domain. I wouldn't care if someone used it, but I wouldn't
go to the trouble of doing anything. To many people, the Apple II is like
a VIC-20.

Ed

--
Ed Watkeys, Sys Admin.  "...The errors of great men are more venerable
Distant Software         because they are more fruitful than the truths


 
 
 

Copying Software Of Dead Companies

Post by Jeffrey L Sti » Sat, 30 May 1992 07:32:36



>I AM ADVOCATING TRYING TO FIND THE AUTHOR AND ASKING HIM/HER/IT ABOUT THE
>STATUS OF THEIR SOFTWARE. IF THE AUTHOR IS SO OUT OF TOUCH WITH COMPUTERS
>THAT NO ONE CAN FIND HIM/HER/IT, IT'S SAFE TO SAY THAT THE AUTHOR IS NOT

                                       ^^^^
     Safe to say? In other words you are guessing their intent.
     Unless you are The Amazing Kreskin or somesuch, not a valid way
     to do things.

Quote:>LIKELY TO CARE ALL THAT MUCH ABOUT HIS/HER/ITS SOFTWARE WHICH HAS BEEN SITTING
>AROUND AND ROTTING FOR SEVERAL YEARS.

>Sorry for the caps, but I'm getting sick of saying this every time someone
>posts. In the Penguin case, you would attempt to find Mark P. and ask him.
>If you searched with all your might, and could not find him, I wouldn't be
>upset if someone copied the software.

     Of course _you_ wouldn't be upset. Please do try to find him.
     And hopefully he will give you permission. But unless you do
     find him, you just don't know.

Quote:

>I have a stake in what I'm saying: I'm a programmer too. If I wrote something
>for the VIC-20 ten years ago, I wouldn't now go to the trouble of releasing it
>into the public domain. I wouldn't care if someone used it, but I wouldn't
>go to the trouble of doing anything. To many people, the Apple II is like
>a VIC-20.

>Ed

    Apple II is like a VIC-20 ?!?!
    Hangin's too good for him. :)

Seriously though. I don't think anyone has advocated you don't try to
find the copyright owner. And I think most of us could sympathise with
your desire to get a copy of that old software. But you can't guess
the intentions of the copyright owner. What if you did find the owner
and they said no way? Would you go ahead and copy it anyway?
You can't project your own morality to society as a whole. And while
it is all well and good to say that imm*laws exist and you won't
obey them, is that your morality or society's?
Yeah, that morality varies from one part of the country to the other.
But the examples cited in previous articles on this topic are local
laws (or state). Copyright law is a federal law.
You have to follow your own conscience I suppose, but you can't expect
the majority of the people to say 'Hey, you're right! I think I'll
break the law too.' Not when the majority's representatives voted
for the law in the first place. You can argue this till you are blue
in the face. But unless you can get some agreement on what is m*
or ethical about your approach, both sides will face each other and
shout 'I'm right!'.
*shrug*
-jeff

 
 
 

Copying Software Of Dead Companies

Post by Ed Watke » Sat, 30 May 1992 13:28:04



Quote:>     Apple II is like a VIC-20 ?!?!
>     Hangin's too good for him. :)

> Seriously though. I don't think anyone has advocated you don't try to
> find the copyright owner. And I think most of us could sympathise with
> your desire to get a copy of that old software. But you can't guess
> the intentions of the copyright owner. What if you did find the owner
> and they said no way? Would you go ahead and copy it anyway?

If I found the person and they said that they would rather not sell it or
release it, I would not use it. I'm advocating a policy based on ethics,
conscience, common sense, and respect for the authors.

Quote:> You can't project your own morality to society as a whole. And while
> it is all well and good to say that imm*laws exist and you won't
> obey them, is that your morality or society's?

I'm not trying to impose my morality on anyone. I think this is a case where
people are trying to dictate their absolutist morality to the universe.

Quote:> Yeah, that morality varies from one part of the country to the other.
> But the examples cited in previous articles on this topic are local
> laws (or state). Copyright law is a federal law.

I still think that what I am advocating is true to the spirit of the copyright
law as it is applied to computer software.

Quote:> You have to follow your own conscience I suppose, but you can't expect
> the majority of the people to say 'Hey, you're right! I think I'll
> break the law too.' Not when the majority's representatives voted
> for the law in the first place. You can argue this till you are blue
> in the face. But unless you can get some agreement on what is m*
> or ethical about your approach, both sides will face each other and
> shout 'I'm right!'.
> *shrug*
> -jeff

I think one group shouts, "It's the law: OBEY," and the other group shouts,
"Please tell me *why* I should obey when the law is contrary to what my
ethics/morals/conscience dictates."

If this were a different group, I'd take up the fight on whather or not the
laws represent the will of the people.

Ed

--
Ed Watkeys, Sys Admin.  "...The errors of great men are more venerable
Distant Software         because they are more fruitful than the truths

 
 
 

Copying Software Of Dead Companies

Post by Joshua Bar » Sun, 31 May 1992 11:10:46


Well, it seems pretty clear to me where the line is dividing people on
this copyright issue.  Someone a few messages back suggested that if
we had any good ideas, we should send them to our congressional rep's.
So why don't we throw some ideas around about that?  My first thought
on the subject would be to make software copyrights easier to loose
(wait! Don't scream yet!), and would go something like:

If the software was no longer publicly availible (whether sold normally,
shareware, sold by company only, or whatever..) for a given period
of time (say a year or so), then the copyright holder would have to fill
out a form (like to say small, or easy, but this is the government here :)
to keep his/her copyright.  Possibly having to fill out another form every
year or every 5 years or something (while the program is not availible).

Something like this would be mainly to find out if the copyright holder
still _cared_ about his copyright even though the program wasn't
availible anywhere.

What do think?  Anyone got another solution?  Anyone think this one has
serious flaws?

Josh


AOL:  JoshWilson

 
 
 

Copying Software Of Dead Companies

Post by Joshua Bar » Sun, 31 May 1992 11:23:44


For Sale/Trade:

AE's PC Transporter w/ 768k ram (can be used as a ram disk too)
        3 1/5 drive
        5 1/4 drive
        IBM style keyboard and cable
        GS interface kit (allows PCT to use GS monitor) - can also use in
                                                          other //'s.  Mail me.
        Software, manual and Video.
          $250/obo

AE's GS Ram with 2.5 megs.  I don't really know what it's worth, but maybe
around $110 (Quality charges a lot more than that just for the ram :).

I also have some Corvus network stuff that I'd like to sell.  If you're into
Corvus, send me mail.

I also have a *, and don't use it very often.  I don't really want to
sell it, but if someone makes me an offer I can't refuse or wants to trade
something really great for it, fine.

Stuff I'm looking for:  Audio Animator, Cd-rom, fast modem, big HD, Video
                        overlay, etc.

Josh  (current phone# is 805-756-4321)


AOL: JoshWilson

 
 
 

Copying Software Of Dead Companies

Post by Eric Shephe » Mon, 01 Jun 1992 07:32:41


Personally, I like the idea, but I can hear the publishing companies of
America collectively throwing their hands up in disgust and screaming. :)

I think it's ridiculous for a no-longer-available product to still be
protected by copyright UNLESS the publisher and/or author still WANTED it to
be protected.

This arrangement would be beneficial to users who have seen or heard of the
"perfect software" but have found that the software has been unavailable for
a long time.  I'd love to get copies of a lot of the classic games, but
can't because they're copyrighted.  And the publishers certainly aren't
losing anything since they weren't bringing in any new revenues from the
products anyway.

- Eric S.

--

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Copying Software Of Dead Companies

Post by Scott Anders » Tue, 02 Jun 1992 13:54:08


Really.  This is almost a moot point.  Talk to any AMIGA users lately?
They agree that they are killing their own platform by the
proliferation of pirating--just like the Apple 2.  They are not
stopping because the AMY 3000 is the number one selling PC in the UK
and does well in the rest of Continent.  It is priced well under a
color mac, has true multi-tasking, a 25mhz video processor, and can
Emulate a Mac IIfx (including reading in 1.44 disks).  I used AMAX II+
right next to a IIci today.  The blue was darker on the ci (desktop
background), but it sure was nice to be playing a whole bunch of mods
in the background while doing MAC utilities (orgainzing directories of
the MAC SCSI 40 meg).  Geez, and a slip site was going about its
normal business too underneath all that.  I'm glad I bought GNO or I'd
really be jealous. (I still am somewhat).  The biggest plus for a user
that GETS an AMIGA is the amount of great software available.  Whether
legally purchased or not, the amount of it can bury a person.  We need
some development like they have now in the worst way.  The thing about
Amiga people I hate most is that they believe they have gotten the
world's best computer for every task. (no double meaning intended)  I
will get amiga mail by the dozen for this post but I don't care.  I'm
used to 20-30 pieces of mail a day anyway.  Take care everyone.  
Scott--(I hate posting, but someone has got to stop this silly thread)
 
 
 

Copying Software Of Dead Companies

Post by Ron Dippo » Wed, 03 Jun 1992 03:28:17



>Really.  This is almost a moot point.  Talk to any AMIGA users lately?
>They agree that they are killing their own platform by the
>proliferation of pirating--just like the Apple 2.

Pirating killed the Apple //?  I don't think so.  There was rampant
pirating from day 1, just as in the IBM and Mac camps, yet the
programs continued to flow and increase in volume, variety, and
quality - until it because obvious that Apple had abandoned the
hardware.  Sierra dropping the IIgs due to this was one of the turning
points, I think.  Then, and only then, did the software begin
disappearing from the shelves to be replaced by Mac or IBM software,
and the number of titles, begin its precipitous drop.
--
"Seattle" is an Indian word meaning "52 degrees and raining."
 
 
 

Copying Software Of Dead Companies

Post by Philip McDunnou » Wed, 03 Jun 1992 03:32:52



>Really.  This is almost a moot point.  Talk to any AMIGA users lately?
>They agree that they are killing their own platform by the
>proliferation of pirating--just like the Apple 2.  They are not
>stopping because the AMY 3000 is the number one selling PC in the UK
>and does well in the rest of Continent.  It is priced well under a
>color mac, has true multi-tasking, a 25mhz video processor, and can
>Emulate a Mac IIfx (including reading in 1.44 disks).  I used AMAX II+
>right next to a IIci today.

I am not being critical of the A3000, as it is a nice computer. However I
would like to add some minor corrections to this post. AmaxII+ does not
emulate a MacIIfx and you cannot run the Mac in an Amiga window. Moreover,
until Commodore starts shipping all of its computers with the 1.76meg drive
AmaxII+ will have to use an external 1.44 meg Apple drive or make due with
the 800k via the internal. AmaxII+ uses 128k Mac+ ROM's. It takes over the
whole computer so that you get a very fast Mac+. It's a nice product though.

I believe Scott is referring to a possibly upcoming product for the
Amiga called Emplant. If this product ever does surface than it will indeed
emulate the IIfx provided you get the ROM's.

The Amiga line is not dying by the way. It's doing just fine. Piracy exists
on all platforms and is not the cause for the GS's current situation. In
fact access to "free" software probably sells a lot of micros. Few people
for example would buy PC's if they had to pay the price for PC sw.

The idea with the GS is that we all have a very good opportunity of
providing a good platform with reasonably priced software which covers
a broad range of applications. The other platforms aren't in that position.
The main reason for the current situation with the GS is very simply the
price of the computer. It should cost half what it does, if not less.

That is $1000 should get you a complete zip'd GS with a HD and colour
monitor. And that price should include stereo sound and 2megs of RAM. That
is the most a new system should cost. I'm talking of a 40->80 meg system.

[ ]

Philip McDunnough

 
 
 

Copying Software Of Dead Companies

Post by German Lepa » Thu, 04 Jun 1992 12:18:32


   Btw... I just got an Amiga 500... nice computer....

       But I still want my //GS!!! hahahah... :)


UUCP: crash!pro-fla!mr.cool | TruckStop BBS 813/885-1552 Intel9600ex
-- Remember our Viet Nam MIA's and Welcome our Armed Forces home! --
[ Apple //GS Rulez! Argentina Campeon del Mundo '94! Hasta Luego! ]
{ Be a donosaurus! Donate some * today! --SouthWest Florida BBank}

 
 
 

1. Copying software of Dead Companies

Ok, hows this for a different angle, lets say I have a computer that
is already defunct and not even being produced anymore. Say an
Atari 400. Now lets say a friend of mine also has one that is used
by his kids to play things like Star Raiders. If he then copies a
bunch of the programs he has so I could use them on my Atari 400
what harm has been done? Will that software EVER be sold again?
I don't think so. The same thing applies to old II software. No,
its not strictly legal but neither is copying a page from a book
or magazine on the copier at your library. Is it wrong? Well, is
it wrong to double park? Is it wrong to cross the street not at
a crosswalk? Is it wrong to copy an old Emerson Lake and Palmer
tape for a friend on your double cassette boom box? Yes. to all of
the above. If your copying a game or program thats being
sold NOW in the stores you are stealing the livlihood of some
programmer. If you copy a game from 1981 thats been off the
shelves for eleven years and will never be back then you ARE
violating copyright laws but the essential effect is nil. Your not
depriving someone money to pay the electric bill. My position is
that if the ware your going to copy is unavailable and not likely
to be sold ever again then get yourself a copy. However if you
have the opportunity to buy it then spend the cash. I would NOT
recommend posting say 'Aztec' to the net. That would be mass
distribution and would probably get you a lot of very bad
attention. Making a personal copy of Ancientware is like making
that copy of an old album. Making a THOUSAND copies and passing them
out would not be very smart.
                                                -Joe

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3. Copying Software of Dead Companies

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