Verrrry interesting how long this thread has lasted, enough posts to stir 
my typing fingers . . .

* Alot of the debate has focused on the legal details, but I'd rather 
instead tackle the ethical issues. I'm not too keen on following rules 
simply because the rules exist . . . I'd rather look at what effect my 
actions have on others than how my actions conform to those rules. Too 
often rules fail to address the underlying ethical issues.

People usually make ethical decisions based on values meaningful to 
themselves. I have arrived at a system which works for, and has meaning 
to me - the principle of not taking anything from others. That is, will 
my action materially harm someone else in _any_ way?

I'd sooner break a rule than hurt someone, even if following the rule 
meant I was acting "lawfully". And alternatively, if breaking a rule 
hurts _noone_, then where's the moral and ethical imperative which 
addresses such "lawlessness"?

* As a content creator (photographer) I'm extremely well aware of the 
concept of being paid for use of one's creations. However, I can see no 
harm in _some_ instances of intellectual property (eg: SW, music) 
"piracy".

I'll readily confess to having used _many_ SW titles for which I didn't 
pay, titles I would have never purchased at their going price. I've 
sampled some of the most expensive, costly, un-freakin'-believable apps 
available for the Mac. Cool stuff, fun with which to play . . .

* But when I use SW to make a living, I make damn well sure I have paid 
the software's creators for the privilege of using such wonderful tools. 
I regularly use Photoshop, Xpress, Illustrator, etc., all for which I've 
got legal, paid-for licenses.

I advise clients on SW purchases, and frequently I'll give them a copy of 
an app which they are considering to try out. In such all cases, I 
strictly insist if they use the app to make money, then they must 
purchase their own license. So I guess, some uses are more equal than 
others. Basically, I think that if the content would be purchased in any 
case, then the content _should_ be purchased. And that often seems to be 
related to using the content to make money.

Here's some cases:
* Apple's licensing terms apply to every SW product they've ever shipped, 
including those of 2 decades ago . . . so the only way to legally install 
a copy of 7.6 on, say, a Quadra 700 is to buy _another_ OEM 7.6 CD? 
Pshaw, that's a preposterous notion, even if strictly legal it makes no 
real world sense.

You cannot purchase a copy of 7.6 from Apple, not can you get anything 
earlier than 10.2 AFAIK. So based on what I think is a practical notion 
that old, no-longer-supported/no-longer-sold SW titles should not be held 
to such strict legal interpretations, where does one draw this ethical 
line? I have zero doubt that using the same 7.6 SW installer, over and 
over and over for many different _old_ Macs hurts Apple not at all.

BTW, Apple has in the past been pretty good about replacing original 
media for Macs I've purchased second-hand. A call to Apple has gotten a 
new set shipped out _at_no_charge_ the next day. Pretty damn spiffy, if 
you ask me. Not so great if your Mac came with 8.0 and you _really_ 
wanted 9.1 instead, but hey, get over it. <G>

Another angle:
* The copy of Adobe's After Effects Pro with which I play took nothing 
away from its creator and vendor because I'd have never purchased a copy 
anyway. It just "popped up" but I never would have bought it. Adobe isn't 
out any money, even though I may spend some of my time 
trying/testing/playing with it. Adobe sells tools to do work, in this 
example I'm not doing "work". My playing with their tool takes nothing 
away from Adobe. In fact, I might even argue Adobe could potentially 
benefit as I may now perhaps purchase myself or recommend purchase to a 
client if the tool fit a job.

And yet another angle:
* With intellectual property you purchase content, not media . . . so why 
should I pay full price for replacement media (eg: music??) Should I 
really need to pay for ANOTHER "license" when all I really need is to 
replace a damaged CD or an inconvenienty analog LP?? Geez! I think the 
music companies should allow vinyl owners to purchase identical-title CDs 
for production cost. LOL, yeah that's gonna happen! <G>

I regularly borrow CDs from others - with the same songs I have on vinyl 
- for the express purpose of ripping that music to MP3s. Does that cause 
me the least little guilt? Hell no, I paid for privilege of having those 
songs on an LP record ages ago. It's just a whole lot easier to rip from 
a CD than from my LP player. My iPod is my only music playback system 
these days, so I really don't feel badly for the record Co.s not getting 
another chunk of my change for the same content I supposedly already 
"own".

K, I'm done with this rant. Sorry to take up so much space, <G>

Dan K

.................................
http://macdan.n3.net/
carracho://dankephoto.dhs.org:9700
hotline://dankephoto.dhs.org:9500
.................................


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