rec.autos.simulators

            I went to Eb and picked up this cd just to see if it was
for real. As someone predicted earlier today, it is basically a
collection of the utilities that you can download from the net. It has
David Spark's utility to convert setups, Corey's pack utilities, the
track converters and so on and so on. My question is, even though these
authors let everyone download and use their programs, did they also
give these people permission to make money from their hard work? FYI,
the program is called Top Speed and is put out by Head Games in
Minnepolis, Mn. By the way, I also got an ok from the store manager to
return it if it was indeed what I expected it to be. I'll be going back
to EB tommorow. :)

No, I did not give permission for anyone to publish my software. I was
contacted by someone about including the setup converter in a collection CD
like the one you bought. I told them where to download the latest version,
but did not specifically give permission for it to be published. Hmmm... if
I remember correctly, copyright infringement is subject to a $10,000 fine
per offense (that's 10 grand for each CD, folks).

Dave Sparks
IWCCCARS Project: http://www.theuspits.com/iwcccars
Late Night League: http://www.sequoia-dev.com/Hawaii/latenite.html
Hawaii Handle: davids

Leave it to someone in Minneapolis, people from St. Paul would NEVER commit
such an attrocity !!! ;-)). Should I go bust some kneecaps??? Lemme Know.

Happy Lappin'
Wade Tschida

Nail them man Kick their --- yEA yEA rock ROCK!!!!!

The Rusty Wallace Miller Lite stock car, awsome when opened up!
GO#2!

        Mullins Motorsports Inc.
        http://www.***tron.com/~ddmj

REPLY:

I always wondered when this stuff happens, is it really illegal. I mean
couldn't the person distibuting the game (Top Speed) argue that they are just
offering these public domain software in a different form, to those without
internet connection. If it's legal I'm thinking of starting a biz. based
around this idea. Why not? .....If I could sell just 1 measley little copy in
each city in the US....Dreeeeeeam Dream Dream Dream.

Is there a gray issue here?

Also I think as a community here and the hard work that most of you guys do we
should think about setting up a credit card system that pays you when somebody
downloads something you created. At this time it's no longer freeware and
somebody combining a bunch of bought'n software and then selling it on CD
would be clear cut illegal. But beyond that even it would be a way for us to
get some well deserved money. I'm not talking*** here. For example somebody
has a paintkit. Charge $3 to download it, the user who wants an editor can
afford that and the author can get some extra well deserved bucks. Possibly $1
per painted car as well. Something extremely reasonable, this could be used on
a bunch of software and make a nice little extra income for a LOT of us. This
would then encourage more people to contribute or the people who do they get
rewarded a bit. I admit I'm a freeloader myself mostly, and thank those who
make nice add-ons to products. Personally I would have zero problems paying a
few bucks for some of the things I download and use.

Q.B.M.

Dave Sparks
IWCCCARS Project: http://www.theuspits.com/iwcccars
Late Night League: http://www.sequoia-dev.com/Hawaii/latenite.html
Hawaii Handle: davids

: If it's legal I'm thinking of starting a biz. based around this idea.
: Why not? .....If I could sell just 1 measley little copy in
: each city in the US....Dreeeeeeam Dream Dream Dream.

: Is there a gray issue here?

Sure.  A CD-ROM recorder costs about $600, a blank recordable CD costs
about $7, packaging and marketing costs $? and your time is worth $??.??.
You could for sure automate the copying of the s/w, but you'd still have
to sit there and insert CDs all day long.  Or pay your child a qaurter for
each one (then you'd be an illegal sweat shop, too)   ;)

You'd have to sell the package for the costs to recover from that and it
is probably a minimum of $20 (just a guess) for each CD.  Well, some
people might pay that, but not if they know they can get the stuff free.

You might be able to squeeze them out for $15 if you're not in it for
profit.  And you'd have to be since most of the disclaimers in the
utilities say that you can distribute it if you don't charge for the
PROGRAM.  That doesn't mean you can't charge for the disk and packaging,
etc.

I'm sure it would be quite profitable, but not totally legal.  Maybe it is
legal, since there seems to be MANY people doing this.  Sharware CDs are
becoming as common on the computer store shelves as seeing an Enquirer or
Cosmopolitan in the grocery checkout aisle.  I mean, geez, have you seen a
CompUSA or Best Buy lately.  Nothing BUT shareware.

---Jim