Subject: Buccaneer Bernie?
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From: Rubywand <rubywand@swbell.net>
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Date: Sat, 24 Jul 1999 01:33:20 -0500
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Cturley2 writes ...
> 
> In short...and IMHO, what the authors of Bernie are saying in their
> documentation is that they are legally covering theirselves with
> the comments and content of their documentation.  PEACE!
> 
> Bernie's a VERY FINE IIgs emulator.  Put it in your PPC Mac powerbook
> and don't leave home without it.
> 
> Cheers,
> Tom
> 
> PS:  If anybody needs an Apple IIgs ROM image (01 and/or 03) sorry,
> no 02 available :) and forget the 00, you can't use it with any efficiency,
> I've tried!  just email me and I'll be more than happy to send either or
> both back to you promptly.  And, I can assure you Apple Computer will
> not take any legal action against me for doing so.


     Probably not. Just as Apple will not take action against someone who
distributes software which includes ProDOS or a site which offers classic
Appleworks 5.1. Yet; each is a case of copyright infringement.

     You say that the F.E. Systems authors of Bernie "are legally covering
themselves with the comments and content of Bernie documentation". Perhaps.

     But then, we have already covered the "legality" issue, haven't we?
Obviously, Bernie depends upon and promotes copyright infringement. If Mac
owners were not willing to infringe upon Apple's IIgs ROM rights, Bernie could
not exist. Still, if Apple does not object, then, that's that.

     No; the issue has been ethics. Is it Right or, at worst, "okay" for
archive sites to maintain out-of-print commercial software? Is is "okay" for
Mac users to take liberties with Apple's IIgs ROM rights? Is is "okay" for the
Bernie creators to promote taking liberties with Apple's property?

     The reasonable, fair, common sense answer to the above challenges is
"Yes". Bernie is certain to be a Plus for Mac sales. Why should Apple end the
infringement upon its old IIgs ROM rights when everyone benefits? (Why should
SSI, Origin, Activision, ... end old software infringement when everyone
benefits?)

     Does the Bernie emulator equate to or promote Software Piracy? Of course
_not_. And, it is no more "illegal" or "wrong" for Asimov or the IIgs Gaming
Memory Fairway to supply disk images (or for Phoenyx to distribute old but
essential software to new users) than it is for Bernie's authors to promote
lifting IIgs ROM code and using .2MG disk images.




Rubywand