This is to clarify the "abandonware" issue.

[Peter Skinner]

Abandonware

Section 302 of the copyright law specifies the duration of copyrights. For works created after 1978, the copyright lasts for the life of the author plus fifty years, or, in the case of anonymous works, pseudonymous works, and works made for hire, the "copyright endures for a term of seventy-five years from the year of its first publication, or a term of one hundred years from the year of its creation, whichever expires first." 17 USC Section 302(c). The copyright law does not impose an obligation on the part of the copyright owner to market the work or otherwise make it available to the public for any
period of time.

Thus, the notion of the abandonment of a copyright due to a lack of distribution, technical support, or even the copyright holder's going out of business, is false. Furthermore, as most software becomes outdated after ten years, few people would have use for 75 year-old product.

Similarly to those users who promote the 24-hour rule, the concept of abandonware is an attempt to justify copyright infringement. Abandonware does not exist. Users who establish abandonware sites and users who download titles from them are both liable under copyright law.

Code: Select all

http://www.siia.net/piracy/pubs/statement_24hour.pdf

I hope this clears up any misconception as to how long a copyright is maintained.

For those who thought that Hiarcs 3 was "abandonware", Mark Uniacke would have to be dead and buried + 50 years before you could consider anything he wrote as non-copyrighted.

Peter

[Harvey Williamson]

Abandonware

Section 302 of the copyright law specifies the duration of copyrights. For works created after 1978, the copyright lasts for the life of the author plus fifty years, or, in the case of anonymous works, pseudonymous works, and works made for hire, the "copyright endures for a term of seventy-five years from the year of its first publication, or a term of one hundred years from the year of its creation, whichever expires first." 17 USC Section 302(c). The copyright law does not impose an obligation on the part of the copyright owner to market the work or otherwise make it available to the public for any
period of time.

Thus, the notion of the abandonment of a copyright due to a lack of distribution, technical support, or even the copyright holder's going out of business, is false. Furthermore, as most software becomes outdated after ten years, few people would have use for 75 year-old product.

Similarly to those users who promote the 24-hour rule, the concept of abandonware is an attempt to justify copyright infringement. Abandonware does not exist. Users who establish abandonware sites and users who download titles from them are both liable under copyright law.

Code: Select all

http://www.siia.net/piracy/pubs/statement_24hour.pdf

I hope this clears up any misconception as to how long a copyright is maintained.

For those who thought that Hiarcs 3 was "abandonware", Mark Uniacke would have to be dead and buried + 50 years before you could consider anything he wrote as non-copyrighted.

Peter

Hi Peter,

Thanks for the clarification. I am glad its now clear.

In the soon to be held elections i hope all candidates will support this as well as a general anti -piracy message. Is there any sign of elections? As the current mods seem to have overthrown the democratic system and held on to power.

Seriously it is time for democratic elections.

Best Wishes,

Harvey

[fern]

You are legally right, but at the same time law, in this pariticular field, does not fit well with reality. A literary work can be worthy no matter how much time has gone, but a software 10 years old or more tends to become just unuseful. Some does not even works in current OS.
Besides, perhaps nothing is protected by law if nobody claims such protection. Law is activated only on request.

my best
Fernando

[Peter Skinner]

You are legally right, but at the same time law, in this pariticular field, does not fit well with reality. A literary work can be worthy no matter how much time has gone, but a software 10 years old or more tends to become just unuseful. Some does not even works in current OS.
Besides, perhaps nothing is protected by law if nobody claims such protection. Law is activated only on request.

my best
Fernando

Just because something doesn't work with in your current operating system is not just cause for breaching the copyright, or if _you_ deem it to be un-useful.

Since the last time this conversation was discussed here, many people have emailed me asking for clarification on this or that application. My response every time was "If you have to ask, then you already know my answer."

Peter

[Graham Banks]

In the soon to be held elections i hope all candidates will support this as well as a general anti -piracy message. Is there any sign of elections? As the current mods seem to have overthrown the democratic system and held on to power.

Seriously it is time for democratic elections.

Best Wishes,

Harvey

Not the mods fault that elections are overdue. We have nothing to do with the process.
All elections here have been democratic.

[Peter Skinner]

Not the mods fault that elections are overdue. We have nothing to do with the process.
All elections here have been democratic.

You are right.

It is not the mod's fault that elections haven't happened yet and they have always been democratic.

Harvey is also right in stating they are long overdue though. We had a term like this once

Peter

[fern]

I was just adding another point of view, not litigating againts you about this issue. BTW, law is a transient, modifiable thing. Copyrights laws based in situation 50 years old does not make much sense.
I see an old, unuseful software, as a wreck in the ocean. Nominally a wrecked ship had or has an owner; in practice, as you know well, in sea law you can get it freely as some guys do this very moment with a treasure found in the Atlantic..
And gold, as far as I know, never lose value.
In promise you if I ever have the chance to get an abandonaware that for any reason I want to have as a collectible item, I will not ask you....

My best
fernando

[Graham Banks]

Harvey is also right in stating they are long overdue though. We had a term like this once

Peter

Unfortunately I've now had two terms like that!

[Peter Skinner]

In promise you if I ever have the chance to get an abandonaware that for any reason I want to have as a collectible item, I will not ask you....

My best
fernando

LOL!

I will make a note to never look for any such emails from you

[Georg Langrath]

But there are also real abandonware, as I understand it. Namely when author says so. Example Ed Schröder's Rebel.

Georg