Re: [NTLK] Shareware/Freeware Licenses

From: John M. Powell (iwillbefreedotcom_at_earthlink.net)
Date: Wed Sep 05 2001 - 15:15:27 EDT


> >The _real kicker, legally speaking, is "abandonware" -
> >Dragon is an example of abandonware.
>
> Mostly as a jumping off point for discussion: by what
> definition has this program been "abandoned"? Dragon
> Systems was purchased by Lernout & Hauspie, a company
> that has since filed for bankruptcy (see my earlier
> e-mail from about a week ago for further details); but
> the intellectual property of Dragon Systems remains the
> property of Lernout & Hauspie. It could be sold off
> along with the company's other assets, or it could end
> up being quietly (though not legally) traded among
> MessagePad users.
> At this point, isn't it still the responsibility of
> the owner of the intellectual property to decide when
> a program has been abandoned and should be freely distributed?

Technically, yes. Unfortunately, that's how 'abandonware'
works... it gets abandoned by the original authors.
Case in point... HexDump, who made Bricks2 (cool animated
'breakout' game) and HexPaint have fallen off the face of
the earth. Legally they own the rights to the software.
But as far as I can tell, they don't even exist anymore.
I HAVE purchased both these programs, and would like to
get them opened up to the community, but I can't reach
them. What about TeleType with their GPS and Digital
Gourmet software (still to be found)? Iambic with
TimeReporter, PaperPak, and the sub game? As 'technically'
illegal as it is (and we SHOULD try to obey the law),
I think we're sometimes being a little anal retentive
about this.

As for the Dragon software for the Newton, they do not
market, sell, or support for the Newton. Actually, they
never even sold this software in this case. From a legal
standpoint, maybe it's not abandoned, but from a practical
real-world situation, if that's not abandoned, what is?

Depends on the definition of is?

John

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