Re: Restricting Software Through Copyright

On Tue, 27 Jul 1999, Mikus Grinbergs <mikus[_at_]bga.com> wrote:
>
> An interesting actual situation has arisen: A developer created
> (and made a restricted distribution of) software that ran under a
> particular operating system. (Software by alternate producers, to
> run under that operating system and provide that same kind of
> functionality, does *not* exist.) Over time, the developer has
> received offensive e-mails from the users of that operating system.
> So the developer has STOPPED making software that runs under that
> operating system;

This is the exclusive right of authors, under 17 USC 106, as I'm given to understand it. In the United States, you cannot (legally) hold a gun to a copyright holder's head and force them to publish their work (subject to sections 107 and following).

> further, the copies he distributed have reached their "expiration
> date", and have stopped functioning.

Much software is licensed, not sold. The particulars of this case would probably warrent additional examination. Users of the software would probably be better advised to seek assistance in the area of contract rather than copyright law.  

> ALL "legal" (i.e., copyrighted) copies of that software WILL NOT RUN.
> Software that *will* run (e.g., once its expiration date is extended)
> _MUST_ have been changed from the copyrighted form distributed by the
> author, and therefore must be "ILLEGAL"!! (The developer is not
> giving permission for any more copies, nor for any modifications to
> existing copies.)

Again, the exclusive right, ergo, prerogative, of authors, and again, a situation likely confounded by contract law.

You're describing a situation in which copyright law is working as intended, though to the detriment of persons who have purchased the software.

Users of software are advised to review the terms of use (EULA or similar agreement) for software they have "purchased" (or more likely, licensed). Software which allows the vendor one-sided terms of severing a contract, or radically changing contract terms (pricing, concurrent use, platform availability) should be approached with caution.

In a competitive market, one might suggest that an opportunity now exists for entry.

It would be interesting to know particulars of the case: what software, vendor, and platform are involved here?

-- 
Karsten M. Self (kmself[_at_]ix.netcom.com)
    What part of "Gestalt" don't you understand?

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