I'll need an explanation of how simply viewing 25 year old code is tantamount to
"stealing". Utilizing it w/o modification could be. Much much code is found in
textbooks, internet, etc. There's generally not too much that's *original* (i.e
worthy of protection) that was written 25 years ago. I personally don't want to even
look at code that is *original* or *owned* in any sense. In other words I don't want
to be influenced by any code that, if emulated to whatever extent, and found_it's_way
into a creation of mine, could cause a problem if you know what I mean. But I find it
awfully hard to believe that there's much that's 25 years old that would fall into
that category. Looking at something is simply that. If some printouts were mistakenly
tossed out and I happened to find them, am I a "thief" for picking them up and
checking them out??? If code was posted on the internet, and happened to actually *belong*
to someone in whatever sense, am I breaking the
law by viewing or even downloading and studying that code?
--- On Thu, 3/5/09, Fred Cisin <cisin at xenosoft.com> wrote:
From: Fred Cisin <cisin at xenosoft.com>
Subject: RE: is it possible to rebuild old c64 hardware enhancements?
To: "General Discussion: On-Topic and Off-Topic Posts" <cctalk at
classiccmp.org>
Date: Thursday, March 5, 2009, 8:37 PM
On Thu, 5 Mar 2009, Dan Gahlinger wrote:
you're wrong. there is true abandonware.
WRONG.
if a company dies and no one picks up the parts, the
copyrights (owned by the company) lapse.
and when you work for a company, any code you write is typically owned by the company
(you lose all rights to it).
"typically".
And the company is legally, a "sole proprietorship", a "opartnership",
or
a corporation.
you could say theres a provision of 25 years, but when
the entity ceases
to exist, and no holders remain, this is not the case.
Did you kill ALL of them?
unless the author had special provisions in their
contract or worked
something out before the company died, or someone picked it up, it's
free game.
WRONG
The assets of the company may revert to its creditors,
and the creditors might not WANT IP assets, and give them up,
but never "free game"
maybe it doesn't happen a lot, but there were
literally HUNDREDS of
companies that disappeared without a trace, registered only to a PO box,
and not to a person.
"Without a trace", meaning that YOU don't know where to find them, is NOT
legally the same as "non-existent".
Your best possibility might be ot DECLARE yourself to be a creditor.? THEN
"not being findable" could be legally converted into default, permitting
you to acquire assets.
I will gladly "make available" code by a c64
software company called
"MMI" (Magnetic Manipulations Inc.) if anyone wants it... go ahead, sue
me...
Did you kill ALL of them?
I'm not affiliated with Magnetic Manipulations, Inc.
Whoever currently owns the assets might not CARE,
but that is NOT the same as not owning.
The closest in USA law to your fantasy of "abandonware" would be if the
"rightful owner" (legal term) can be coerced or cajoled into explicitly
signing rights into public domain, OR sufficiently after the end of
lifetime of the owner.
Why are you so intent on STEALING from anybody that you can't easily find?