Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!sdd.hp.com!decwrl!bacchus.pa.dec.com!granite.pa.dec.com!mwm From: mwm@raven.pa.dec.com (Mike (My Watch Has Windows) Meyer) Newsgroups: comp.sys.amiga Subject: Re: Fred Fish on CDROM....now being advertised Message-ID: Date: 11 Sep 90 22:05:48 GMT References: <455@hal.CSS.GOV> <1990Sep7.144544.17517@uncecs.edu> <12542@wehi.dn.mu.oz> <2072@nyx.UUCP> Sender: news@wrl.dec.com (News) Distribution: comp Organization: Missionaria Phonibalonica Lines: 33 In-Reply-To: bscott@nyx.UUCP's message of 11 Sep 90 21:33:57 GMT In article <2072@nyx.UUCP> bscott@nyx.UUCP (Ben Scott) writes: Same deal with Xetec - they may not be advertising the availability of the Fish disk separately (understandable considering the small number of Amiga CD ROM systems out so far) but if they are not offering it separately at all (for "reasonable cost of duplication" etc.) it is the same as selling it. Considering how lax the phrase "reasonable cost of duplication" is, they can probably get away by charging the cost of the CD-ROM drive for it. After all, if they've allocated all they made to being given away with the CD-ROM drives, then charging someone just the costs of a second run of only 1 is going to be rather expensive. As a second thought, is there anything in any of the of the licensing that says that you have to give the software away to anyone who asks? In other words, if I offered to give copies of the complete Fish collection only to people who met whatever criterion I chose, is that illegal? If not, then why should making that criterion "the first 1000 people who purchase CD-ROM drives from me after August 1, 1990"? Of course, there's another reason why Xetec giving away that CD-ROM may be illegal - whether they're selling it or not. There's software which has it's distribution limited in some way, with an exception for Fred Fish. I wouldn't be surprised to find that Xetec is violating those restictions, even if they aren't violating the "no commercial sale" clauses.