dmt@mtunb.UUCP (Dave Tutelman) (12/13/86)
I just received a flyer in the mail that looks like an invitation to software piracy. Thought I'd post this, at least for amusement value. I'll quote it in appropriate places; please note that I'm not deliberately quoting out of context, but trying to give a sense of the context. The BIG PRINT says "IBM SOFTWARE $10/Disk". They give an 800-number and claim to take credit card and COD offers. Then comes the list of software. All three pages of fine print. Includes such goodies as; Lotus 123 V2.0 Microsoft C v.3 IBM Macro Assembler V.2.0 COPYIIPC (the gods DO have a sense of humor) Turbo Pascal V3.0 Word Perfect You get the idea. I looked for almost no expensive (or otherwise) package without finding it. Then they offered the SPECIALS! Get 10 and get another 10 free. Order by Dec 13 and get $20 off. (That adds up to $4 per disk.) A single sheet tucked in the back indicated what was REALLY going on. The disks are "for rent". Suddenly, the SOFTSAVE CATALOG talked about in the flyer becomes "The Softsave Preview Club". You are not supposed to keep the disks beyond 21 days. However, the usual burglar tools (like COPYIIPC) aren't needed to violate the agreement. In fact, violation is passive and undetected; NOT pirating the software requires more effort. "Members are not inconvenienced by having to return the rented software to the club. They are simply asked to erase the software on their own before expiration of the 21 day rental period." "We do not provide documentation. However, in many cases the ... manuals are not required. The most popular ... programs are represented by many books available in computer/book stores. These books generally explain the operation of the programs better than the original documentation." Softsave takes two steps in the direction of preventing prosecution: 1. They request you to mail in a signed form that says, in part, "The member expressly agrees that the member's sole purpose in renting the software is for preview prior to purchasing.... agrees to erase or destroy all rented software within 21 days of each rental." 2. They have located outside the US borders. Yes, I know they've done nothing illegal. (I am not sure of the legality of rental of software, or of the agreements they may have with the software manufacturers; I am simply assuming their own business is legal. That in itself may well be contrary to fact.) They are paying lip service to the notion that their customers do nothing illegal either. But one feels a big wink behind every warning in the mailing. Happy holidays! Dave Tutelman
stuart@bms-at.UUCP (Stuart D. Gathman) (12/16/86)
In article <800@mtunb.UUCP>, dmt@mtunb.UUCP (Dave Tutelman) writes: > "Members are not inconvenienced by having to return the rented software > to the club. They are simply asked to erase the software on their own > before expiration of the 21 day rental period." > "We do not provide documentation. However, in many cases the ... manuals > are not required. The most popular ... programs are represented by many > books available in computer/book stores. These books generally explain > the operation of the programs better than the original documentation." My feeling is that a software rental company should: a) rent only original disks with original documentation and backup copies. The originals help keep people honest. The backup copies would actually be used. b) require a deposit in case of loss or damage (although most software companies will replace a damaged original disk for a nominal fee). Originals, backups and documentation must be returned at the end of the rental period. c) keep enough paid for originals around to satisfy the demand. Thus, the publisher is getting paid for N users if there are enough copies for N rentals to be outstanding. d) charge enough to cover replacement for wear and tear plus overhead and profit. Sleazy companies like the one quoted above are essentially stealing from the software publishers. Unfortunately, an honest company would have trouble charging competitive prices compared a sleazy one. Therefore such sleazy activity should be illegal. I think that software publishers should be the ones to attempt legal action. They are ones who stand to lose. This is one area where Lotus and Ashton-tate should cooperate! I think that the law should require that only paid-for originals may be 'rented'. Copies may be used only for backup purposes and a) may not be transferred to another party while retaining posession of the originals. and b) *must* be transferred to another party or destroyed when the original is sold or rented. P.S. I detest copy protection. It's not so much the backup, it's having to stick a stupid diskette in drive A on an otherwise all hard disk system. -- Stuart D. Gathman <..!seismo!dgis!bms-at!stuart>