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Author Topic: Is there a time after which software becomes automatically free?  (Read 6892 times)

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Offline takemehomegrandma

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Quote from: sim085;703721
When playing a game I always thought of extra stuff I would have wanted in the game. A prime example of this is Colonization where I always wondered - like many others - why the Portuguese and other nations where not added (memory concerns?), or the lack of some type of unit, etc., etc., etc..

Therefore I was wondering, is there a time by which software automatically becomes free, and one is allowed to de-compile, fix, compile and distribute (free of course)? Would this be feasible?


I think this page describes abandonware pretty good:

http://en.wikipedia.org/wiki/Abandonware

"Definitions of "abandoned" vary; generally it refers to a product that is no longer available for legal purchase, over the age where the product creator feels an obligation to continue to support it, or where operating systems or hardware platforms have evolved to such a degree that the creator feels continued support cannot be financially justified. Software companies and manufacturers may change their names, go bankrupt, enter into mergers, or cease to exist for a variety of reasons. When this happens, product rights are usually transferred to another company that may elect not to sell or support products acquired.

In most cases, software classed as abandonware is not in the public domain, as it has never had its original copyright revoked and some company or individual still owns exclusive rights. Therefore, sharing of such software is usually considered copyright infringement, though in practice copyright holders rarely enforce their abandonware copyrights."


Bottom line: there are no rules, no laws, that defines when software becomes "abandonware", since this is not something that exists in a legal context. It's more of a "de facto" thing; when copyright holders no longer cares one bit about the product, and when they would no longer bother to enforce their copyright (that strictly legally speaking applies for a very long time, as others already said above), then you are in practice free to do what you want with it.

As for Amiga games and applications (as in *real* Amiga, SW made for the 68k machines of the 80's and 90's that has been gone for almost two whole decades now); I think it's safe to consider 99.9% of it abandonware. That's how these large online ADF collections can exist, containing almost every game and applications ever made for Amiga; the SW (and the whole platform for that matter) has been dead for so long now, that in practice, nobody (as in copyright holders, the legit IP owners) cares one bit about it anymore in a strictly legal context, it's abandoned! Hence no real moral obstacles exists either, although the latter may vary a great deal on an individual level (as I think you may be about to find out in this very thread, if it continues long enough); if I'd put a link here to a downloadable set of ADF's for Deluxe Paint 5 (which I could easily do, since I actually have it in front of me on my screen as I write this), then I could (almost) bet you a hundred dollars that at least some dude would cry "PIRACY!1!" quite loud, since in some people's mind, everything Amiga is sacred and can never be "abandoned", since if we would get away with labeling Amiga SW as "abandonware", it would at the same time mean that we label the Amiga as dead, and that is a big "don't compute" for some Amigans, despite it has been so in practice for almost two full decades now. :lol:

So I'd say that you are perfectly safe do do what you say you want to do. As long as you get away with it! ;) :lol: See my point?

Another way would of course to develop a *patch* for the game, that changes the original in the way you want, adding your own contents, etc, and distribute that patch instead (and let others distribute the ADF's)! :)
MorphOS is Amiga done right! :)
 

Offline takemehomegrandma

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Re: Is there a time after which software becomes automatically free?
« Reply #1 on: August 16, 2012, 12:48:07 PM »
Quote from: psxphill;703734
As with any law, if you don't get caught then you are in practise free to do it. Laws are there to stop law abiding citizens, not to stop criminals.


"Crime", "Criminals"? :lol: Look, copyright laws are here to help IP holders enforcing their rights, nothing more, nothing less! Only the IP owners can file a law suit if they feel that there has been some infringement (they are the only ones who cares), which they can choose to do, or choose *not* to do, it's *their* call, not "society's". If they don't want to do that, or simply don't care anymore, then there is no problem to the society whatsoever! No "crime" :lol:! When it comes to "abandonware" it's purely a philosophical discussion about moral, at best, and when we are talking about ~20 years old SW that not even the owners cares about (or indeed even *remembers* today), then even bothering to have a discussion about moral is a bit redundant...
MorphOS is Amiga done right! :)
 

Offline takemehomegrandma

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Re: Is there a time after which software becomes automatically free?
« Reply #2 on: August 16, 2012, 01:30:22 PM »
Quote from: kedawa;703761
The only crime would be selling that abandonware for profit.


In a moral sense perhaps, but as long as the IP holder doesn't consider it to be a crime, neither does the society. "Ugliness" aside...
MorphOS is Amiga done right! :)
 

Offline takemehomegrandma

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Re: Is there a time after which software becomes automatically free?
« Reply #3 on: August 16, 2012, 03:49:10 PM »
Quote from: gertsy;703766
Yes.  It's called time for stealing.


"Stealing?" But nothing is taken, nothing is lost, not to anyone. It's not like shoplifting a DVD player from a store. When it comes to digital/"virtual" IP (not existing in a physical shape) such as SW, movies and music, the only thing that can be lost is a potential sale, and if no potential sale could be there anyway, then not even that is lost, so you are perfectly clear from a moral point of view. And when the legal IP holder doesn't care either, then you are perfectly clear from a legal point of view as well. It's not a "crime" (:lol:) until the IP owner says it is by filing a law suit on you. It's not like the society cares per se, that's not how copyright laws work — they are there to help an IP owner to enforce their legal rights (if they *want to*, which is entirely up to them, and nobody else), nothing more, nothing less. If the property owner doesn't care, then society won't care either, since no harm is done. It's not like if someone goes rampage down the avenue beating up senior citizens, or is drunk-driving around the kindergarten. Those things are illegal.

Quote from: dammy;703770
"Abandonware" is a term created with no legal basis so it's not recognized by the courts.


Of course not, did anyone claim so? Rather the opposite I think, yes...?
MorphOS is Amiga done right! :)
 

Offline takemehomegrandma

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Re: Is there a time after which software becomes automatically free?
« Reply #4 on: August 17, 2012, 11:09:39 AM »
Quote from: runequester;703906
Someone smarter than I once said you can tell a society's priorities by looking at what it punishes most strongly.


...true, and today, everyone's eyes are at Russia and Pussy Riot...
MorphOS is Amiga done right! :)
 

Offline takemehomegrandma

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Re: Is there a time after which software becomes automatically free?
« Reply #5 on: August 17, 2012, 11:11:43 AM »
Quote from: psxphill;703961
It's like saying that it's ok to shoot people because in America so many people get away with it that obviously nobody cares.


Not at all! Shooting people is a *crime*, punishable by society/law.
MorphOS is Amiga done right! :)