Sarte opened this issue on Dec 06, 2004 ยท 76 posts
ChuckEvans posted Mon, 06 December 2004 at 5:42 PM
I'm certainly no lawyer (and I'll not try to give that impression) but if I were forced to stand and speak on Sarte's behalf, in respect to this file, I'd argue the following: (1) The file is listed as free and since there is no EULA/readme file included I'm not sure what kind of law covers distribution rights when the file is listed as free (and no other restrictions). After all, since people proclaim freebies with varying restrictions (and I assume those specific restrictions are ones based in some law) it might be that NOT restricting distribution by specific mention leaves the file open for free distribution since one might argue that the creator called it "free" and left it at that. (2) I would also argue that there is a certain amount of "intent of the law" that one might consider here. And I'd throw in the death (condolences to his family) as an additional fact. In other words, IMO, copyright laws are made to protect the creator and since the creator is no longer around, ownership goes to someone else (family, I presume). Though I have no statistics to go on, I'm assuming the average family member (1) might not be oeverly concerned about the distribution of a free item (it's not making money and never was intended to) and (2) might actually like to see his work spread around like that (now that he has passed away)...sort of his work "continuing". Now, having said this, I realize I open myself up for attack. Give it your best shot. This is a special situation for which, I might guess, the law is very tangled. As for me, there is not one soul out there who can say they ever got any warez from me or received re-distribution of a free file. The, by my estimates, over $5,000 I've spent at various sites should show my commitment to doing things the legal way and supporting the hard work of the creators.