Hi all,
Several people have mailed me about Turbo Pascal 3.3 and its
copyright issues. Instead of answering you all personally, I will
answer most of you by sending this statement to the mailing-list
('cause I know you're on it).
Most software by the former MSX Computer Club Enschede clearly states
a copyright in the software itself, and/or in documentation that goes
with it. Unless clearly stated otherwise by the copyright holder,
this is still valid. Just run the program or read the docs.
In most cases, something like '(c) MSX computerclub Enschede' is to
be read, but this doesn't exist anymore. Its successor, the CCE
(which is probably about to stop its activities soon too), has
strictly nothing to do with this (although we're largely the same
people).
These copyrights then simply fall back to the makers themselves.
I will give you an overview here (I hope I get this right):
Turbo Pascal 3.3
-----------------------
This is still copyrighted software. I have done some asking around a
while ago, and had some discussions about it.
Copyrights on MSX Turbo Pascal were originally with Borland, but this
is limited to the original CP/M version (3.0) only. Copyright holder
of the 3.3 version is the maker, Frits Hilderink.
I know of these 2 ways to get a copy, that will allow you to consider
yourself a legal user:
-Get someone who bought it him/herself once, to sell/give it to you,
which transfers the right to use it to you
-Order a copy of the final Millenium double-CD from the Dutch MSX
Computer & Club Magazine (http://www.database.nl/mccm). As far as I
know, this CD is still for sale, together with a set of the last
issues (I saw it on sale on the Zandvoort fair).
The latest version of TP 3.3, which calls itself version 3.3e, is
included on this CD (directory \software\copyrght\mcce, in the file
'tp-3-3.di2'). The permission to include TP 3.3 on this CD, and use
it when you own it, is limited to this CD only, so it's not legal to
copy it from there on, but strictly limited to those who have a
(legal) copy of this CD.
Tetravex / Minesweeper
---------------------------------
These are both made by Olaf Benneker, and are being spread as
shareware. Copy these freely, and if you like these games, you can
show your appreciation by sending this guy a small donation, which
could make his day, and allow him to go out and have some beers on
your costs, and enjoy himself.
That won't make you poor, nor will it make him rich, but may give him
a fresh start to produce some other nice piece of software.
He also made Age8, for which the same goes as for TP 3.3, although I
think this was not included on the Millenium-CDs.
Logi-Bal
-----------
The maker of this game, Herman Post, has agreed to distribute this
game as postcard-ware. In other words, copy and use it freely, and if
you like it, show your appreciation by sending him a postcard, some
packs of beer or some pizza's, a Cadillac or such (a postcard showing
something of the place were you live, would be a good choice).
He agreed to let me prepare a distribution archive, and put it on the
web somewhere, I just didn't find the time yet.
For most or all of these things, the makers have since moved into
other activities, don't write any new MSX software anymore, and don't
feel like spending any important amount of time on it anymore
(neither do I).
If you sell it, buyers expect some added value for that:
-maybe a disk with a nice label
-a printed manual
-some help, or updates if bugs are found etc. etc.
This all takes time and effort, and if no-one is prepared anymore to
spend the amount of money you ask for it, what's the use then?
Given the current situation, my argument was this: with all these
FTP-sites full of Konami ROMs, and no time/willingness to actively
try and sell your software, why not make it available as freeware or
shareware then? If people are copying it anyway, you might as well
put it on the web yourself, so that they at least can get a decent
copy of the latest version.
Given a proper declaration about it, that way you're not obligated to
support it, you can just put it on a webpage, saying: "here it is,
use it if you like it, don't bother me about it, but you may send me
something nice to show your appreciation, if you like it".
Actually, there are even some companies who do this, even for
'commercial' software, like Konami's. I learned recently, there are
some companies who sold Sinclair ZX Spectrum software once (in large
numbers), that put some of these things on a website of there own, as
a way of saying: "look what nice things we made back in the
old days!".
Sinclair ZX Spectrum ROMs seem to be freely available too, and
OFFICIALLY okay-ed (by Amstrad in this case, who took over that
Spectrum stuff), for a similar reason.
So this is certainly not a 'can't do'.
The main argument against it was this: if you sold it to a number of
people for xx bucks, how are they gonna feel if you put it on a
website to get for free, some time after.
How would people feel who once bought Konami's Salamander for say, 50
bucks, and Konami would put it on their website a year later?
I think this is mainly a matter of time. The longer you wait between
the last time you sold it, and a moment you would make it freely
available, the less buyers of an original would feel offended by
that.
However, I am very curious on your view on this argument. So please
let us (or me personally) know: if you bought some Konami ROMs
once (or other software) for 'big bucks', how would you feel if they
opened up an FTP-site now, with all these ROMs to get for free,
themselves? Would you think: "damn, I hate'm for doing that", or
would you say: "nice, to see them showing of those oldies" ?
I hope this clears the 'legal issues' here. For any questions related
to these things, please read the documentation first. If that states
an address, or bank account number where you can put your donations,
please use that.
If not, it's okay to ask me about it. Both Herman Post and Frits
Hilderink didn't mind if I would handle that for them, and I'll see
to it that they will get any gifts or postcards, if you send those to
me.
For Turbo Pascal 3.3, only bug reports ARE taken. If you happen to
find a bug in the compiler, the maker of it would still like to know
that. However, there's no guarantee he (we) will do anything with it.
If you happen to find a bug, please send your (Pascal) program that
shows this bug, preferrably with the sources, not only a compiled
version, along with all the things YOU used to produce this bug, so
the DOS system files, Memman binairies, GIOS etc. etc. YOU used, that
lets this bug show up. It would be preferred if you could make your
program just small enough so that it will show this bug when
compiled, and remove everything that doesn't affect it. All this
would make it easier for us to reproduce or find that bug.
Frits Hilderink said it would be okay to send such requests to me, so
that I can filter these, and only need to bother him with a real bug,
not with any 'minor' requests you might have.
Maybe you can even exactly locate such a bug yourself, which ofcourse
would save us a lot of trouble, improving chances for an update.
Note: this only applies to bugs IN THE COMPILER, so in case your
program was compiled incorrectly. For bugs in your programs itself,
you'll have to ask someone else or figure these out yourself.
One final note:
--------------------
Following the above, I think it's okay to put Minesweeper, Tetravex
or Logi-Bal on any site, as long as you keep all files intact. For
Turbo Pascal 3.3 or Age8, this would be illegal.
Personally, I would like to see it otherwise, but I just don't have
the final word about these programs.
For the most part, copyrights are clearly stated in the programs or
documentation itself, and still valid.
You will also understand, that we don't have the time or means, or
are willing to search the web for any illegal copies, or send lawyers
after you (we probably wouldn't even want to).
So you have probably nothing to fear, but whether or not you
choose to violate any existing copyrights, is your own decision, I
didn't tell you that's okay, nor will I try to keep you from doing
so.
For these copyrighted things, this is just the same as with Konami's
or any other copyrighted software (we've had this discussion already,
I believe).
Greetings,
Alwin Henseler
Oldenzaalsestraat 116
7514 DS Enschede
the Netherlands
http://huizen.dds.nl/~alwinh/msx (MSX Tech Doc page)
e-mail: [EMAIL PROTECTED]
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