Here is the latest response from the "Pirate" eBay seller.
"Dear amigadave,
AMIGA OS.3.9 UPDATE SHAREWARE/FREEWARE ISSUES
AmigaOS 3.9 is a Software-only Update w/o ROMs. (However, it needs Kickstart 3.1 ROMs to operate!)
AmigaOS 3.9 is the Update for OS 3.5--but it can also be installed directly on top of an OS 3.1 system.
http://www.haage-partner.de/amiga/aos39/aos39features-e.htm ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
According to:
http://www.gregdonner.org/os39review/os39review.html the OS.3.9 is an upgrade and it is "shareware/freeware".
amigakit.com and other Amiga dealers it is selling the same upgrade of the OS.3.9
at 34.65 pounds and comes in a plastic bag.
On this update version there is not any breach of copyright, unlike the OS.3.5 which was a full
installation program which was copyrighted."
And here is my response:
Look at what you yourself have already written and/or copied. 3.9 can be installed over 3.5, or 3.1 and according to what you wrote installed to a blank hard drive. Therefore it must contain the contents of OS3.1 and 3.5 which are copyrighted IP, or are you now saying that they are shareware/freeware too? OS3.9 is NOT shareware/freeware, but it does INCLUDE some shareware/freeware programs as part of its contents. AmigaKit is not copying and making their own 3.9 CDROMs to sell. It is illegal!
I doubt my response will change anything, this seller does not care that it is illegal to copy OS3.9 and sell it.
