As the creator of this list, I was asked by a few people to comment on
Howard's offer to post the Vic20 emulator .tape format of Mt. Drash to
this list. Everyone who contacted me deemed it a bad idea.
I hate to break this to everyone who doesn't like the idea, but the
Vic20 emu file of Mt. Drash has been available for years. I myself did
a casual web search for it just two months ago and got it; I would
imagine it would be just as easy to find it given 15 minutes and a
broadband connection. So I personally am not against Howard
distributing the original file.
To arguments of value: The image has been out for two years and Drash
is still getting bids of $800 and up, so I don't see any harm. The
value of old software has always been in the materials themselves;
otherwise, merely owning cracked .zip files of games themselves would
make you a millionaire, which obviously isn't the case. Everyone and
their mother has copies of Zork I lying around, but that clearly doesn't
bring the auction bids for original releases down.
To arguments of fakes: Yes, I agree that is a concern. But since the
image is already out there, as well as .JPGs of what the casette and box
look like, that possibility already exists.
Also, there was some mention of whether or not it was "okay" to make
backup copies of the software. This is where you delve into the
wonderful world of Fair Use, the DMCA, and intellectual property laws.
While IANAL, I have had very extensive exposure to this over the last
two decades, and I can sum up the current situation with old software
like this:
Fair Use: You are allowed to make a backup copy of software you own as
long as it never leaves your posession. If you transfer the original
software to someone else, you must transfer all backup copies as well or
you are in violation of Fair Use.
Intellectual Property Rights: In a nutshell: Companies own copyrights
on the images, code, etc. contained in a software program for as long as
they protect them. That means that, as long as a company asks you to
take down that copy of King's Quest from your website, you must do so or
be open to litigation. This is because companies can lose their
intellectual property if they don't enforce it. (For examples, have you
ever asked for a Kleenex when you wanted a tissue? Or have you Xerox'd
something when you were photocopying it? Those words/brands have
slipped into the public domain because their parent companies didn't
enforce their usage properly thirty-odd years ago.)
DCMA: Reverse-engineering (cracking) software is allowed in certain
cases. For older software, for the purposes of archival, we have a very
big friend in the Internet Archive project (www.archive.org) which
specifically asked for an addendum to the DMCA and got it. Any software
can be cracked and backed up if they meet the following criteria:
- Computer programs protected by dongles that prevent access due to
malfunction or damage and which are obsolete. (Protected diskettes fall
under this category because they are physical items necessary to use the
software, regardless of whether or not it is run from them.)
- Computer programs and video games distributed in formats that have
become obsolete and which require the original media or hardware as a
condition of access. (All 5.25", cartridge, and tape formats qualify!)
So the DMCA, one of the harshest and stupidest pieces of legislature
ever to be passed, ironically has an exception just for us! So, thanks
to this addendum (which is valid to at least 2006, where it will be
voted on to be made permanent), the DMCA does not contradict Fair Use.
=====
The executive summary is this: Both Fair Use and DMCA say you can back
up your old games. And as long as you're not pissing off a company, you
don't have to worry about a cease and desist letter from a lawyer. By
"pissing off a company", I'm talking about selling *backup copies* of
software, or posting a year-2004 game for free download, or libelous
comments ("Richard Garriot sleeps with goats!", "Electronic Arts steals
ideas from other companies!", etc.), or generally anything that would 1.
cost a company money or 2. tarnish a trademark's image.
Under those rules, I see no problem distributing the Drash emulator
image file to everyone on the list.
--
Jim Leonard ([EMAIL PROTECTED])
World's largest electronic gaming project: http://www.MobyGames.com/
A delicious slice of the demoscene: http://www.MindCandyDVD.com/
Various oldskool PC rants and ramblings: http://www.oldskool.org/
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