"Dean Michael C. Berris" <[EMAIL PROTECTED]> writes:

> Hi Zak,

Hello! :D

> Well, think about it this way: if your work and fun is almost entirely
> reliant on developing applications (proprietary or otherwise), then you
> might just change your views. See, if say I produced something very
> useful (I can't think of something yet from the top of my head), and
> somebody claims it has his own, -- therefore pirates it -- would you
> think I would feel happy and my concerns would be "petty"?

That is indeed a valid claim, protecting your self-interest for yourself
and for posterity. However, I was speaking in a rather philosophical
sense, which might offend some people...

To elaborate, let's have this (deliberately impossible) example: suppose
I invented the wheel, around 15-20k years ago.  Now let's say I had
lived that long, long enough to await the invention of patents and
intellectual property (which, in retrospect, I can invent sooner
anyway.) I get the patent, and soon after I require all those who would
produce copies of my invention a royalty, say 1 cent for every wheel
ever made. Even at that rate, I get rich quick because of the way the
wheel has changed the way of civilization forever.

Now from here I can infer several things: that (a) I have made a
profound change to the way humanity works; that (b) I can put in my
credit the great achievements of this humanity; and that (c) I can
enslave humanity by using my influence of self-preservation and pompous
posterity to the detriment of all.

In other words, I can be a virtual God among men, forcing all to do my
will whether for good or ill. That is the result of human selfishness,
and it *is* selfishness that is the root of piracy, because selfishness
promotes self-interest and imbalanced competition; and in turn, this
begets other evils, because `we cannot give what we do not have--so, we
take.'

Now, you might berate me with my having such a long-winded example, or
that the story is so full of loopholes (like my apparent immortality.)
However, consider this: have you ever done something so selfless for an
ideal without form?

> I'm not for software patents, but I would like to be recognized for the
> work that I've done. I wouldn't claim as my own somebody else's work,
> nor would I purposely breach an agreement I willingly agreed to (read
> the EULA and other licenses). However, some people don't feel the same,
> and that's when it becomes a problem.

Yes. Humans are quite capable of misunderstanding, as several sources
can tell. Even here at the plug-ml there are bits and pieces of
inconsiderate inconsistencies that are truly a mark of humaness...

> Take a musician who works his behind off just to earn a living by
> selling his products (musical compositions, etc.) and think how he would
> feel if he knew that the sale of his products didn't benefit him. It
> just wouldn't be fair don't you think?

Which stems from the notion that what you create, you can exploit for
your benefit. While this is the norm, this is not the only path. A
programmer can do many more things beside building programs--there are
other things, like painting or cooking, or even just sitting down and
thinking in retrospect what he can do not for himself but for the world
he lives in. /usr/share/emacs/21.3/etc/THE-GNU-PROJECT is an interesting
read that tackles this problem...

> It all really boils down to fairness. You can't blame the big company
> who has a payroll to take care of and trade "secrets" if they want to
> protect their products from being sold without them profiting from the
> sale. And basically, that's the same idea behind the creation of the
> copyright and the license agreements. In the case of free software, your
> copyright on the code and product (software) may not be claimed by
> anyone other than you -- unless you agree to relinquish the rights to
> your product.

You are right. But honestly I can't seem to remember companies that
would actually protect the interest of the consumer even to the point
that they can lose a lot of money. Copyright, NDAs and IP stuff are
still based on a world of unfair rules and vested interests.

And all of us are expected to deal with that the best we can.

> However I look at it though, piracy is just wrong. Is copying a Debian
> GNU/Linux CD piracy? NO because it specifically says in the license (GNU
> GPL) that you agree to that you may do so. Now is copying and
> proliferating/selling an installer of a piece of software piracy? Yes,
> because it essentially means you are not abiding by the license you
> agreed to that accompanies the installer -- which is in essence is
> taking for your own and having your way with something which is not
> yours. 

Assuming of course that the said software is non-free according its
licence. On the other hand, copying and/or proliferating/selling a copy
of Debian is encouraged because it is protected by a free licence. In
fact, the GPL allows this so that the profits earned may be used to
further the progress of free software, and thus indirectly benefits the
author.

> The installer may be yours (media), but the software in it
> (assuming it is proprietary and there is explicit documentation that
> come with it regarding the use licensing agreement) is not -- and since
> the agreement does not allow you to copy and/or sell the product without
> a prior written legal agreement with the owner(s) of the product, you
> are in breach of a legal contract.

Most copyrights however allow at least a single copy of the article to
be made as a `backup'. That could be used as a loophole.

> I'm no lawyer, but that's how I understand it. :D

So am I too. I'm just someone who happens to have an interest at
programming, but with a lack of interest in human frailties.

> And that's how it (piracy) will be a problem.

Never said it wansn't.

-- 
ZAK B. ELEP     <[EMAIL PROTECTED]>     --      <http://zakame.spunge.org>
1024D/FA53851D          1486 7957 454D E529 E4F1  F75E 5787 B1FD FA53 851D
--  Running Debian GNU+Linux testing/unstable. GnuPG signed mail preferred.

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