Michael Robinson schreef:
> Downloading commercial software that you own a copy of for personal 
> use is not illegal.  Downloading old commercial software that isn't 
>   
I'm not even sure this is allowed. A lot of software was distributed on 
physical media, of which you were allowed to make a copy for personal 
backup in case the original media are damaged.
> sold anymore which the author doesn't care about is not illegal.  
>   
So you have explicit written comment (either on paper or on the 
internet) from all of the authors of each individual released software 
that they no longer care about it and explicitly allow usage by people 
who didn't pay for the program?
Downloading/using software without the author's explicit permission is 
violating his copyright.
FreeDOS and Linux etc also have copyright - you're not allowed to do 
anything with these programs - unless..you agree and live up to the 
terms of the permission statement (license/GPL).
If not wanting to stick to GPL terms for these projects, you're not 
allowed to use/distribute it, as original copyright stays in effect then 
which prohibits using FreeDOS :)

There have been lawsuits against manufacturers of routers. They used 
Linux, made adjustments, distributed the hardware with the adjusted 
Linux embedded (as firmware)..and violated GPL that way by not releasing 
sourcecode of adjustments under GPL as well.
> To be illegal, the owner of the intellectual property has to raise 
> suit and why would they over someone using the product personally?
> The people breaking the law are those who try to profit off 
> the software without paying the owners of it anything.
>   
Why would a copyright holder have to take any action? The product is 
his, and you lack his explicit permission to use it.
> I disagree strongly with the notion that using commercial abandonware
> is illegal or criminal in any way.  If commercial software were never
> shared, it would never have the popularity that it enjoys.  I'm not
>   
Personal ethics are irrelevant, so far only the law counts. Hope you 
followed that PirateBay lawsuit.
> against paying for the use of commercial software, but if the author
> of the software doesn't care about it, why should I be prevented from
> using it?  I can't pay for the use of a commercial program that isn't
> sold anymore and I am not interested in being fleeced by a third
> party seller which probably doesn't have a right to sell me the
> program.
>   
Define when an author doesn't care please. Mail microsoft and ask them 
if you can use Windows95 as you can download it, and don't get a 
response within 2 days? is that a definition of "doesn't care" ?
> I have never talked about the source code of commercial software nor
> have I ever suggested that people go to a site that hands out source
> code.  In fact, I don't know of any sites that hand out the source code
> to commercial software.
>   
Projects like MySQL are/were dual-licensed, 1 commercial version, 1 more 
opensource version.
> I have never suggested that anyone else nor do I myself profit from 
> my use of software downloaded from http://vetusware.com.  I don't 
> make money off of this abandonware.  I don't even provide a source
> for other people to download it from.  I allow people to download
> battletech I and II from me if they want to, but those programs
> are so old that I seriously doubt there's an issue.
>   
Let people find their own sites then if they want to infringe copyright. 
Don't list any publicly as it only gets the platform on which you list 
it (in this case the FreeDOS mailinglist, possibly Sourceforge.net) in 
trouble if some zealous copyright guardians (hi RIAA/MPAA etc) give us 
their attention.
In short, you're promoting downloading no longer released software, 
might as well promote downloading older books, music and movies at the 
same time as they're no difference..all is copyright, all you lack 
permission for if you don't have bought a license of obtained explicit 
permission.
Maybe in 75 years or so you can go download it when copyright on the 
product has expired :)

Note that patents are a whole other matter, those have to be actively 
defended (at least in the USA system)
> I don't appreciate this late, I have the moral high ground tone 
> that you are taking Aitor.  I am not a pirate.  I do not go out 
> and get whatever commercial software I can without paying for 
> it only to turn around and try to sell it.

Use without author's permission is not legal, selling without author's 
permission is not legal (unless your local law allows otherwise), and 
making a profit of something gets you in court quite fast indeed.

Bernd

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