Well thats part of the picture but not I think all of it.
If you take what Deep Throat told the Washington Post reporter to do and
how Sherlock Holmes said you could solve most cases put them together
and there is one
one possible answer.
On 15/11/15 13:09, Johnny Billquist wrote:
This is a long response, but I beg all people
interested to read all
of it.
And to start with, I generally agree with Paul. Especially about the
fact that just because you don't know who the owner is does in no way
make something "abandonware" (and this is not specifically you, Ian.)
But more below...
On 2015-11-15 05:25, Ian Finder wrote:
It seems to me that Paul Koning's attitude
will lead retrocomputing
to die. We can't all own computers that can do interesting things
with front-panel programming alone.
What is "retrocomputing"? And how do you mean it will die because some
people think that it is not above the law?
By his definition, I have committed a lot of
"theft" in my days to
restore systems I had no other options left to deal with, due to
restrictive licensing, incommunicado business entities, or IP
situations with no well understood outcomes.
I don't know exactly what you have done, so I can't really comment on
it. But in general, yes, it is a sad problem that sometimes it is hard
to figure out the legal status and who is the owner of software.
But that is not the case with the PDP-11 software talked about in this
thread.
I am always happy to pay, but that's not
always an option.
Agreed. But that is still not the case here.
I agree the proper routes should always be
pursued when possible, but
bits are fading fast and without dark archives that may run afoul of
present day copyright laws and original EULAs, many things will be
lost permanently.
Very true. But not the case in this specific thread.
I find the mindset of considering all abandonware
scenarios "theft"
to be pedantic, toxic, shortsighted, and counterproductive- as well
as logically and legally baseless.
I disagree with almost all of the above, with the exception of
"theft". As others mentioned, the word "theft" is not a good word to
use here, and it has been promoted by organizations that wants to
associate the "problem" with something that people will react
emotionally to.
But for software that in general you can't find the owner, and even
the legal status is hard to figure out, I think that at least some
basic effort to preserve and share things can be nice.
However, people who use your argument, Ian, tend to start applying it
to anything they want, which is, for me, crossing a line that I do not
agree with. In the specific example of the PDP-11 software that this
thread is about, it's not even "abandonware". The term
"abandonware"
is in it self really problematic, because it is very much a subjective
term. If you cannot get access or permission, and you also don't get
any response, you consider the software to be "abandonware", which
might be very far from the truth. The owner might not want to talk to
you. The owner might not want anyone else to know he is the owner. The
owner might be busy, have a bad spamfilter, or whatever. That do not
make the software "abandonware". If you want to claim that something
is "abandonware", then you should first do a *very* thorough work
trying to locate the owner, and document everything that you find, or
don't find, and really show that you tried everything. If that still
turns up nothing, then I can agree that *maybe* the term "abandonware"
might be applicable.
I agree that I have a hard time calling software theft "theft". For me
as well, "theft" involves denying the rightful owner access/use of the
item. Intellectual property is a weird concept.
However (and I hope people actually reads this far), XX2247 decided to
buy the software from Mentec. There is an easy trail to follow,
showing that there is a legal entity that still owns this software.
And even if you disagree with the "theft" thing, consider this: the
owner of XX2247 made an effort that cost money, in order to preserve
this software for the future (an effort people here use as an argument
for their actions that might not be legal). By doing what XX2247 did,
they agreed to follow the DEC-Mentec agreement. If people put the
PDP-11 software up in general, they are violating copyright laws (and
possibly IP rights). In addition to themselves potentially breaking
the law, they are potentially also setting XX2247 up, since the owners
of the IP rights could argue that XX2247 are also guilty for not
protecting those IP rights.
So in the end, you might be setting the person who tried to preserve
this software up for legal effects that he certainly do not deserve.
Now, what do you think is the right way to deal with this?
Me personally, I think we need to get HP to release it all. After
that, I'm pretty sure people would find it much easier to get access
to PDP-11 software.
Johnny
- I
Sent from my iPhone
> On Nov 14, 2015, at 20:11, geneb <geneb at deltasoft.com> wrote:
>
>> On Sat, 14 Nov 2015, Paul Koning wrote:
>>
>>
>> "Abandonware" is a term invented as an excuse to steal other
>> people's property. Let's not try to apply it here.
>
> Copyright infringement is not theft... at least according to the
> Supreme Court, but then again, what do they know?
>
> g.
>
> --
> Proud owner of F-15C 80-0007
>
http://www.f15sim.com - The only one of its kind.
>
http://www.diy-cockpits.org/coll - Go Collimated or Go Home.
> Some people collect things for a hobby. Geeks collect hobbies.
>
> ScarletDME - The red hot Data Management Environment
> A Multi-Value database for the masses, not the classes.
>
http://scarlet.deltasoft.com - Get it _today_!