> 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
> 

The GPL is an exception, it gives you permission to use the software it
covers as long as you follow the terms without the author's permission.
As far as profit, I have NEVER made a profit downloading commercial
software I didn't purchase a copy of.  Freedos could be proprietary.
Actually, it never will be proprietary because the GPL doesn't allow
that thank goodness.

The software you can use with Freedos shrinks considerably if we start
saying that abandonware cannot be used.  Anything designed for dos
these days is either abandoneware or GPL'ed as there are no 
commercial dos systems that are supported.  If that isn't true, 
someone name a commercial dos program that is still sold and 
supported and the dos platform that it is supported on.

Noone should have a right to profit from a program that is designed for
a system that isn't supported anymore.  The chances of making Microsoft
support dos or even Windows 9x again are zero.  Should the author of an
Atari program who hasn't supported it since the Atari died out be
allowed to demand observance of it as his/her intellectual property?
How about color computer software?  Should commercial software for the
color computer even though it isn't produced anymore be recognized as
such?  Should I be allowed to sell commercial software for the original
8 bit Nintendo, assuming I could profitably do so?

Is turbovision OSS software?  Are all the development packages that
should be used for Freedos 1.1 open source?

There are practical problems with recognizing abandonware as being
equal to commercial software such as Vista or Windows 7 for example.

Should Novell prosecute someone if they hand their friend a copy of
Netware 1 with the license code for free?  How about Netware 2?  
Netware 3?  Netware 4?  There is a ton of commercial software that 
is either abandoned or superseded by newer releases.  I own a copy 
of Warcraft II that I paid for and I downloaded a copy of 
Warcraft I from vetusware.com which I can't buy at my local 
store anymore.  In fact, everything on Vetusware appears to
be software that you can't buy from anyone, other than a 
pirate that is.

Downloading commercial software that has been abandoned is not going to
get you into trouble in court, especially if you have defective media
for it sitting on the shelf.  Ideally, owners of commercial software
(the intellectual property) declare it to be public domain software
even if they hold onto the source code when they abandon or stop
supporting it.  There should be laws that limit ownership when it comes
to software because the current laws are creating software monopolies
where Microsoft is one of the most well known.


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