Subject: Re: Snivelling Turlettes
From: apple2pd@garp3.icaen.uiowa.edu (ground.ecn AppleII Librarian)
Newsgroups: comp.emulators.apple2
Date: 6 Oct 2000 17:37:09 GMT
Organization: Iowa Computer Aided Engineering Network, University of Iowa
Lines: 84
Message-ID: <8rl2k5$9r5$1@server05.icaen.uiowa.edu>
References: <8rgtpj$rch$1@bob.news.rcn.net> 
<39dcb423.1495559@24.9.0.17> 
<Pine.LNX.3.96.1001005142102.772B-100000@whiterabbit.resnet.gatech.edu> 
<39dde593.79698604@24.9.0.17>
NNTP-Posting-Host: ground.ecn.uiowa.edu



In article <39dde593.79698604@24.9.0.17>,
Jeff Blakeney <CUTblakeney@home.com> wrote:
 ...
>
>Fair use does not include copies of entire works.  The only way you
>can legally have many of those titles on your FTP site is if the
>copyright holder gives you permission.  Until you get permission, you
>will be illegally distributing those titles.
>

I normally stay out of these discussions, because nothing ever changes in
the arguments pro or con.  However, they are getting boring and I feel the
need to add some flames to the fire.

This is a rhetorical question for Jeff; Jeff being 'everbody' and not Jeff
B. personally or individually.  So I'm not flaming you Jeff Blakney ;-)

For argument sake, I put a pgm with copyright on ground, (ususally
shareware or copyright-freeware) but in this case a pgm with copyright
restrictions (ala 'Delphi-ware' ie can not be distributed except from
Delphi apple2 library).  I have a letter/email/phone call, some sort of
personal communication, from the author stating it is OK to do so.  The
author has given _explicit_ permission.  I assume you have no problem with
the author's right to use THEIR copyright in this fashion.

Next I put a pgm on ground, formerly commercial, with copyright on ground.
I tell the copyright owner I intended to do so before I released it.  They
offer no objection or complaint.  The author has given _implicit_
permission.  The author choses to _not_ protect THEIR copyright.  (Sorry
about split infinitive, but it seems more appropriate.)

And then I have the audacity to put a copyright pgm on ground without
prior notification.  I tell the copyright holder _after_ I have done so.
But they offer no objection or complaint.  Again, the author has given
_implicit_ permission by not chosing to protect their copyright.

Finally, in a fit of desperation to protect 'COPYRIGHT', you complain to
my ISP about violating copyrights and the ISP shuts me down without
investigation.  (This happens.)

What gives you the right to interfere with the copyright benefits entitled
to the real copyright holder's in their use of explicit or implicit
permission to offer their copyrighted software to the public?  It is THEIR
copyright, not YOURS!    

Enough fuel.  I think the responsible vigilante action by persons
compelled to worship 'COPYRIGHT' and 'DO NOT J-WALK' and 'SPEED LIMIT 25
MPH' laws is to inform the copyright holder of an apparent violation.  If
the copyright holder doesn't object, back off.  Law may be on your side,
but law is 'legal' and not always fair or right.  Persuing the issue is as
much a violation of the 'spirit' of copyright, as is the legal violation
of posting a copyrighted software.  I am not sure how 'explicit' and
'implicit' permission would be handled in court, but a good lawyer or
judge would see an equivalence.  'Legal Law' may not see the equivalence.

Prudence is needed in manangement of old, no longer commercial software.
After 20 years of apple2 program development I think most users have felt,
experienced, and dealt with the issues of software piracy.  Many feel the
need to alter the copyright laws to address the issues.  Others feel the
law is good and sound and shouldn't be touched.  To me, that means we
would still have slavery - it WAS legal for centuries before 1860.  Women
would still NOT have the right to vote, own property, etc.  Times change.
Law changes. The copyright laws of 1995 (?) and earlier are still not
effective.  Rational thought is needed  -- not red-neck vigilante actions.
Work to clarify and amend copyrights, work to make copyright holders 
responsible for their copyright, work to educate users about the
importance and benefits of copyright, patent, trademark, and other legal
protections.  Make copyright work for YOU.  Harrassment is not working.

Of course, if MP3.com and Napster and ... went away, Apple2 PIRACY could
take the forefront of world-wide violations of international copyright law
that it so richly deserves.

Excuse me, I see a ship with a skull and crossbones flag in the distance
....  Could it possibly be friendly?  Ready, aim, fire!

  --Steve


-- 

 --Steve  (apple2pd@ground.ecn.uiowa.edu)