at the temporal coordinates: 9/6/01 2:59 PM, the entity known as Tim at
speeddemon_at_earthlink.net conveyed the following:
>
> I never said I advocated pirating software. Period. I did say it was
> nothing personal, but you took it that way, or so it appears
> (Lou). Look, writing software is an area I haven't ventured into yet.
> Don't know if I ever will. But I have to say that when I buy something,
> it's mine. The software people, music people, Apple, whomever, do
> not have the right to tell me I can't transfer my product to a new
> machine (which they're starting to do), or make copies for my personal
> use. By the same token, the
> video people are trying to keep me from copying a DVD I've paid for.
> Maybe I want a VHS tape for my little cabin.
> Nope, I have to buy 2 DVD's and 2 players? Here's my software. I can't
> make any money on it anymore. I can't afford to
> update it. I don't have time to fool with it. That's my point. Cut it
> loose! Make it freeware(no profit potential--remember?), or
> sell it to an interested party. There are no guarantees a program will
> be profitable when introduced so where is it written that
> when the profit margin slips along the way, it's no longer warrants
> continued development? It's the risk of business.If
> software developers/companies want to dictate what I do with their
> products when I buy their products they should be bound
> by that same contract to provide support and updates for as long as I
> use their product. They want a binding contract, they
> have to be held accountable, and responsible for their product. They
> want to come back and say, "Hey, you can't do that."
> What gives? This would be akin to having a wreck and saying, "Don't sue
> me. Yes, I bought it from GM, but it's still their car,
> so sue them." Does this make any sense? "Where do they get off? No
> support (for years in some cases), but they want to
> jump right back and say it's theirs? I guess the software people (not
> all of them--don't think I'm starting a war with you guys.
> Some of you do great things and where would we be without you blessed
> few?).. have been patting themselves on the back
> by slipping all this in without binding laws like I mentioned regarding
> the auto industry. It's probably a prime reason there's
> so much crappy software out there. If developers were bound to support
> things as I've stated, I suspect the whole computing
> industry would be a much cleaner operation. I know it's all about the
> money. I'm not an idealist flowerchild spouting peace
> and harmony for all. I do believe that these one-way contracts with
> software people are wrong. If you put it out there, there
> should be accountability for as long as it's in use, or at least for a
> specified period of time. After that, the developer has no
> claim, and is no longer required to support it. That's fair, but it'll
> never happen. Do grocery stores tell me how to eat my food?
> I guess that'll be next. Reality check anyone?
>
Unfortunately, your views, while I totally agree with them, aren't reflected
in our legal system. (Note I say LEGAL system, since it sometimes has very
little to do with JUSTICE.) If you bought a car and GM said, "Hey, it's
still *OURS*, you've merely bought the chance to USE our car, subject to
these restrictions." (GM guy flips out a scroll that rolls down the street
for several hundred feet...)
So, when you buy software, all you buy is the media and a license to use the
software. (I submit, though, that if I own the media, that includes the
magnetic and/or optical patterning on the media...) Now, I'm hoping that
someday, someone argues that a binding contract requires informed consent
AND "good and valuable consideration", which I have to wonder if a
shrink-wrap license supplies. (Again, not a lawyer, but I remember some
things I've read. Plus, don't we all watch Judge Judy, at least those of us
in the US?? :-) )
Making personal copies USED to be considered fair-use, but with the DMCA,
there's the little problem (with DVD's at least) of having to circumvent the
copy protection. Sure, the copy you make might be a legal, fair-use copy,
but the act of breaking the copy protection has become illegal. Even if you
put that knowledge to legal use. (Consider a case where I could legally
park my car in a city parking lot, but all the streets are one-way AWAY from
the lot. You have to violate the law in order to do something that's
otherwise perfectly legal. {As you can probably tell from this example, I
live not too far from Washington DC... :-) })
Actually, your mention about music brings up an idea... With out-of-print
music, there's still an organization (I forget the name.) you can go to and
request permission to copy. There ought to be a similar organization for
computer software. (Perhaps folks more familiar with the music situation
could comment further.)
- Eric.
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