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rusty2.txt
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1993-02-23
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There's a puzzle opening that needs an answer in the Rusty and
Edie's matter.
One, did anyone warn them that they were passing on copyrighted
software? Two, if they were warned, did they continue to do so?
If the answers to both questions is yes, then I, and most software
authors will have no sympathy for them. However, I feel that
confiscation and destruction is not the way...please read on.
If no, then the government's actions are, even though within the
scope of permitted actions, entirely inappropriate. They should
warn, give the offender an opportunity to cease their actions and
allow the BBS to stop such events in the future. A BBS that is
caught in violation should be held responsible for the damage that
they have done, required to make redress to those they have
damaged. This, even in the case of a first offense. Who, being
capable of starting and operating a BBS, is not also able to detect
copyrighted software?
How else can there be any recompense for someone who has spent
hundreds of hours preparing a program only to see that work lost?
Confiscation of the equipment is pretty final, and obviously, an
injured party is going to see very little from the sale of the
assets. You know who will get that. Giving the BBS the
opportunity to make amends seems a lot more sensible.
There will arise situations where, in spite of all warnings, or any
other efforts, a BBS might just thumb its collective nose, and
continue to steal from others. You might think that "steal" is an
extreme term, but that's what it is. Theft. In that case, the
government would have to shut them down. Deservedly so.
I too, would like to know exactly what happened. If the
confiscation and destruction took place without warning, then we
all need to do more than just grumble. Truth told, the wide-spread
gestapo tactics we fear are not likely. But...and that's a big
BUT....if allowed once, it will happen again, maybe because someone
didn't hold his mouth right when speaking to an author. Maybe his
dog barked at night, or she just plain irked the wrong person. It
could get very personal, and that's horribly wrong.
Where are the answers?
Dane R. Amos