Re: [NTLK] Shareware/Freeware Licenses

From: Eric L. Strobel (fyzycyst_at_home.com)
Date: Thu Sep 06 2001 - 14:10:10 EDT


at the temporal coordinates: 9/6/01 1:49 PM, the entity known as Michelle
Sagara West at msagara_at_home.com conveyed the following:

> If I have a book that's out of print, and I choose to keep it, I'm going
> to frown heavily on anyone who decides to liberate it by breaking into my
> house. If I have a million dollars, and people are starving, I'm going
> to frown heavily on people who do the same.
>

What you describe is theft and has nothing to do with the present
discussion. Let's revisit that out-of-print book. Suppose that it's not
only out-of-print, but the publisher has been out of business for years --
not just bought out, but truly bankrupt, defunct, no longer existing, cannot
be found. Now, if you sell that book, is that theft or not? You're
profiting from someone else's intellectual property. But, who do you pay a
royalty to? Who holds the copyright? THAT is what we're talking about
here.

> What we talk about when we talk about abandonware in certain terms is
> piracy. The fact that it's a from-your-own-home crime makes it fairly
> appealing because it's so clean it doesn't -feel- like shop-lifting.

How is it piracy? What crime has been committed? By every reasonable
definition we've been using on this list, abandonware means that
extraordinary attempts have been made to contact the copyright holder and
they've simply dropped off the face of the earth. You might as well say a
crime is being committed against Harvey the Talking Rabbit.

>
> I don't particularly care if this is something people want to pursue, but
> I dislike the invention of noble purpose behind what is essentially
> theft, as it is currently defined by law.

What generally happens if I find a suitcase full of money and there's no ID
with it? It's my understanding that, after reasonable efforts to establish
the true owner (ads in the paper, etc.), if no owner comes forward, the
money (and suitcase, if I want it) is mine. Am I wrong in that?? If I'm
right then I haven't stolen the money, now have I? Isn't this what true
abandonware is like?

- Eric.

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