[NTLK] Copyright issues...

[Michael 'Mickey' Sattler]

Frank Gruendel wrote:

> I know I should stay out of this, and I promise this will be my only post regarding this topic. Like
> others on this list, I'm writing software for a living.


Then it's seriously dismaying that you don't understand the concept of abandonware, as every programmer should.

> But if I happen to come across such a car somewhere, this doesn't give me the right to just take it
> home and use it. Even if I've done my utmost for years to get in touch with the owner. Even if it is
> obviously abandoned. Even if it has been decaying on its driveway for the last two decades. Even if
> I write a check and put it in the postbox next to the driveway. If I take it, it's theft. Period.

Your analogy is completely wrong. There's no analogue between abandoned software and an abandoned car. If you take the car you deprive the owner of the object; he can't use it tomorrow. If you copy software the owner still has full use of the original; you've not deprived anyone of anything.

If you abandon your software you've shown no obligation to maintain the financial and moral trust given to you by existing clients, and you should expect that they have no moral obligation not to reverse engineer it to maintain functionality. The DCMA has an exemption for such a case. Nor should you expect others not to obtain and use it with abandoned hardware. Why should you? You've shown that you won't take money for it.

Theft of software that's available for sale is a very different matter...

Mickey

--
Michael 'Mickey' Sattler - San Francisco - California - USA

Contact info at http://www.sattlers.org/mickey/contact/

I was born not knowing and have had only a little time to change that here and there. -- Richard Feynman (1918 - 1988)