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Subject: Re: Most of the programs are pirated copies

Author: Mark Young

Date: 15:25:43 07/19/98

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On July 19, 1998 at 14:47:11, Don Dailey wrote:

>On July 19, 1998 at 13:43:20, Joe McCarron wrote:
>
>>On July 18, 1998 at 23:33:16, Bruce Moreland wrote:
>>
>>>
>>>On July 18, 1998 at 20:01:36, Fernando Villegas wrote:
>>>
>>>>No, I don't believe they are asking us if we steal or not; they asked how much
>>>>stolen programs are, independently of our behaviour. Besides, this is a far more
>>>>complex issue than hust to be an honest guy or to be a thief. It is not the case
>>>>you purchase it or you get it wit a gun. There is a middle, intermediate area
>>>>where you are not a thief neither a customer. Many times happens that you get a
>>>>pirated progrtam that was copied by the first time a lot time ago and it is not
>>>>even a competitor in the market and I think in that case to qualify as a thief
>>>>the guy that accept it would too much. If somebody send me a pirated copy of,
>>>>let us say, sargon V, I will take it gladly I and will not feel I am a thief.
>>>>And then there is the case of a friend that purchase a current program and then
>>>>decides to give you one copy of it. Are you a thief if you accept the gift?
>>>
>>>This is a slippery slope.
>>>
>>>Software piracy is different from normal theft for several reasons.  A few big
>>>ones are that there is almost no chance of getting caught, and you don't have to
>>>take a real object away from someone.  You can take a full disk that is yours
>>>and a blank disk that is yours, and from this create something that is not
>>>legally yours, and then you distribute it.  There are also lots of convenient
>>>ways of rationalizing this kind of thing.
>>>
>>>But it is theft, of course.  Someone out there has specified terms by which you
>>>can use their property, and you circumvented these terms and did something that
>>>is prohibited by the license and by law, as well as by any conventional code of
>>>ethics.
>>>
>>>I am not a lawyer, but I expect that out of print software is also protected by
>>>copyright, and I expect that you've it is also against the law in most places to
>>>receive stolen software.
>>>
>>>The argument, "I didn't actually do the copying, so I'm not liable", is an
>>>argument that can only be made by someone who doesn't expect to get caught, and
>>>therefore needs only to convince themselves.  You know very well that this would
>>>not fly if you were actually busted for having this stuff.
>>>
>>>Don't expect everyone to reinforce your fallacies if you post them publicly.
>>>
>>>bruce
>>On a related note: Here in the states most states except louisiana have adopted
>>the Uniform commercial code.  The committee that writes it is considering how to
>>handle licencing of software.  The problem is you usually don't find out about
>>all the restrictions on the use of the software until after you already bought
>>it and opened the box and in some cases you get this big long list of
>>restrictions when your installing it.  I don't think I've ever seen software
>>that lists all of the restrictions it has on the outside of the box.  So the
>>question is: should those restrictions be enforcable?  The committee is
>>considering what basic assumptions people should have regarding what they can
>>and can't do with software that they purchase.  I have no insight as to what
>>they will ultimately decide but it should be interesting.
>>-Joe
>
>I believe there should be no restrictions on making copies of anything
>that is copyable including music, software books and yes, even IDEAS.
>
>In this society however it may not be feasable since we live in a
>pretty materialistic one.  I honor the rules myself, I have signed
>nondisclosure agreements and marketed programs myself.  But if I
>wrote the rules I would relax or do away with these restrictions,
>perhaps slowly so as to not disrupt things too much.
>
>Something doesn't seem quite right about considering an idea as
>something you can legally OWN.  I understand the reasoning behind
>this and have heard all the arguments.  But an idea is something
>that is discovered, not created.   And in my opinion ANY idea
>should be in the public domain.
>
>I have no problem with selling anything people will buy.  But I
>don't like the artificial restriction of limiting what they can
>do with this product once they have it.    I know this is extreme
>but I basically feel this way about patents and copyrights.
>They are all based on the concept of "ownership" of something
>that should be free in my opinion.
>

Wow. You are very generous. So if you come up with an idea or product, you would
not mind if I take your discovery, that you might of spent many years
developing, and many dollars developing, and I just start selling your product
and not give you a dime for it.
I wish you had discovered Teflon or something good like that. I would be sitting
on a beach in Hawaii right now.

>I know these ideas would not work very well in todays society
>and like I say, we have to live by the rules.   I oppose software
>piracy for this very reason, but not in principle.
>
>- Don



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