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From: scjones@sdrc.UUCP (Larry Jones)
Newsgroups: comp.sys.ibm.pc
Subject: Re: Legality of "old" software disposition
Keywords: Old versions, sharing software
Message-ID: <834@sdrc.UUCP>
Date: 26 Sep 89 21:36:04 GMT
References: <3772@blake.acs.washington.edu> <1989Sep26.015940.845@uncecs.edu>
Distribution: na
Organization: Structural Dynamics Research Corp., Cincinnati
Lines: 33

In article <1989Sep26.015940.845@uncecs.edu>, mvolo@uncecs.edu (Michael R. Volow) writes:
> 
> A related question is, suppose I have a software package that is no
> longer manufactured or available, make it a relatively inexpensive one
> at that ($40). I still use it occasionally and don't want to part with
> it. But my friend wants one too, can't buy one because it's no longer
> produced. I would guess that legally I should not give him a copy of
> it. If it were an out of print book, unavailable second-hand, I would
> have no qualms about xeroxing it. But I don't know if this applies to
> software.

You may not have any qualms about it, but it is still quite
illegal and is a real good way to get sued.  A copyright holder
is in no way obligated to make copies available and the mere fact
that something is out of print does NOT remove the copyright
protection.  This is a common problem with sheet music since it
is frequently published for relatively short periods of time,
relatively few copies are published, and it is almost never
available second-hand.  Quite a number of schools and churches
have been sued for making additional copies of old scores which
were no longer available.

The same is true of copyrighted software.  There may be little
chance of your getting caught, but it is still illegal.

DISCLAIMER:  I'm not a lawyer, nor do I play one on TV.
----
Larry Jones                         UUCP: uunet!sdrc!scjones
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