20 Mar
2007
20 Mar
'07
6:57 p.m.
Chuck Guzis wrote:
In regard to copyright, it's generally a safe bet
that copyright is
good for a minimum of 70 years after publication--and probably longer
if you're talking about a WTO country. This is long enough that ANY
computer literature or programs that have been published are under
copyright protection. Being out of print or distrubution is not a
legal excuse for violating copyright--not for some old article from
Byte magazine, or an old Karl King march or a computer program.
But the problem is *Freedom* here and you don't have that since
the land of the USA is the land of 'Lawyers'. If you wait 70 years
the lawyers will have changed that to 150 years. If you want
a good example look at DISNEY and them extending the copywrite on
a MOUSE.
Abandonware is not really abandon-ware but a grey area on marketing
old games and questionable programs. Note I found out that you can
buy what some call abandonware legaly as it is still being sold as
product. Some other programs I have pirated simply because they are
not being sold and I wanted to run that program.
It is always the most prudent action to ASK if
something may be
posted. It's important when asking to observe that you are not
asking the copyright owner to put things in the public domain, but
simply to agree to an alternate distribution method. His (or any
appropriate pronoun here) rights still are in force and infringement
may still be prosecuted. Offering to add an explicit copyright
notice to the posted material might improve the odds of success.,
And if the copyright holder refuses, it's prudent to respect that
wish--period. You didn't create the material, you don't own it and
attaching a label such as "abandonware" doesn't put you on any higher
legal ground.
Well when I think 'abandonware' that is PC stuff and that is mostly
off topic anyhow.I can think of a very rare DOS game that I want
-- email me if you have the only floppy of this game in Canada or the USA.
To me a more useful item is a real grey area problem, PDF's and software
on bitsavers. I would like to use my PDP-8 clone but I have no idea what
to documentation to download. While I would come under a 'hobbiest' licence
just who do you ask for advice here?
I'm assuming that before Al puts something up on
bitsavers, he makes
some sort of effort to get an okay from the copyright holder before
posting. At least I hope he does.
Cheers,
Chuck
PS. I don't use kermit since the NEW stuff has 30 day demo if you use
windows, and that I am forced to use.