On 06/07/2016 13:50, Marcel Kilgus wrote:
Rich Mellor wrote:
Hosting old software is more problematic than parking on a double yellow
line (sorry not sure what the equivalent is in Germany).
Tell that to e.g. http://www.homeoftheunderdogs.net/ They've been in the
business of hosting abandonware for 18 years and running.

That is a risk they are willing to take. They admit that what they do is strictly illegal and yes, they say that they "will gladly remove download links to any game that is either 1) still being sold by the publisher, or 2) at the request of the publishers themselves"

Alas the issue has come about because people keep publishing the same titles which are still being sold by the publisher, and when asked to remove links, kick up a huge fuss about it!

World of Spectrum has been very successful in its repository of ZX Spectrum titles - mainly because it took the step of trying to contact as many copyright holders as possible before hosting their files.


Could I ask what your approach would be if you found (before QPC2 was
made freeware), sites who just offer free downloads of QPC2, QPCPrint
etc?  Would you have been happy and let them do it whilst you were
continuing to sell the programs yourself?
Don't muddle the issue. We're strictly talking about software here
that was written a long time ago and which the original authors have
long lost interest in. I still support QPC2 EVEN though I made it free.

But we are not - I am in contact with a lot of the copyright holders and they are still very interested in what happens with their software. The titles everyone seems to moan about are the titles which I still sell and support, so how is that different to QPCPrint and QPC2 just because the support is not done by the original author, but by me as authorised distributor?


The thing hit the fan when somebody send take-down notices to a site
that has actually put copies for everybody to use on the internet. So
we're left with less copies than there were before.
But the software was mainly software which could readily still be
purchased online from myself and Jochen.
For example? I only see 3 QL software products left on Jochen's page
to purchase, which is QMENU, Lonely Joker and QD (last updated 13
years ago! With my help even). And yes, I think at least QD and QMENU
should now be free, too.

The Spanish sites included a lot of the Talent and Pyramide software titles, Text87, Hyperdrive, and at least one of Jochen's titles.


Rather than concentrating on trying to increase the range of free QL
software available, it tends to be the same 10 titles or so which were
published by a similar site in 2014 (and subsequently removed at the
request of the copyright holders).
Who are those mysterious copyright holders? The last request at the
Spanish site was apparently anonymous. How can an anonymous person
claim copyright to anything? I can't imagine Jochen sending out any
take down orders either.

Jochen emailed them in 2014 and was also involved this year.

Other copyright authors involved (that I know of) have been the man behind English Software, Tom Dolezal (Talent), Fred Toussi (Software87), Daniel Purlich (Pyramide), Ken Brown (Eidersoft), Simon Goodwin and Steve Hollywood (Arrakis).

As to who contacted their hosting company 'anonymously' I don't know - it might well be that the hosting company didn't ask for details, or simply did not want to provide them to the website owner once they realised that they were in danger of being fined by the Spanish government.

It is always the danger that by approaching copyright holders, they will look to see whether their software or name is mentioned online anywhere, and might then take offense that whilst one person has found them quite easily and approached them on friendly terms to ask if the software could be made available freeware, they then find that someone else has decided to just offer it as a free download without making any attempt to contact them!


Unfortunately, in the 9 years since I decided off my own back to set up
the QL Wiki and start preserving what QL software I could, the number of
people who have shown willing to help take the project any further
forward can be counted on one hand.
Once again, I appreciate any work you have done. I also have
contributed to the Wiki a bit, but I was far too young back then so I
don't really know most of the titles listed. And will probably never
know them because they have either been taken down or are just
available "commercially".

But ok, I will try to exert what little influence I have left to get a
few more titles released.

Great - there are still various titles by Tony Tebby for example... - have a look at the long list on my spreadsheet - there are plenty of German authors too who need to be tracked down.

The whole argument about this could have easily been avoided if people who wanted to host a QL repository took their time to be considerate and contact copyright holders where they were obvious. As it was, publishing a title which is obviously in breach of copyright (particularly where it can still be purchased online) and then making a huge fuss when told to remove it is NOT the way forward.

--
Rich Mellor
RWAP Services
Specialist Enuuk Auction Programming Services

www.rwapservices.co.uk

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