> On Nov 14, 2015, at 20:25, Ian Finder <ian.fin...@gmail.com> wrote:
> 
> I find the mindset of considering all abandonware scenarios "theft" to be 
> pedantic, toxic, shortsighted, and counterproductive- as well as logically 
> and legally baseless.

I entirely agree. It's my understanding that Archive.org does archive items 
that are not publicly available on its external servers, for the sole purpose 
of preserving them until such time that they might be again needed. I see this 
as laudable, and harmless to present rights-holders (when they can even be 
identified, which is not always the case).

If one preserves the only known copy of some old piece of software before the 
bits rot, and the proper rights-holder later emerges and takes exception to 
that, then there's potential recourse by apologizing at the simplest, or paying 
damages in the worst case. But if one doesn't archive that last copy before the 
media becomes unreadable, then the data is just gone.

In the specific case of RT-11, it doesn't appear to me to be true abandonware 
since one or more potential rights holders are identified. The issue seems from 
the outside to be that none of them can be bothered to figure out who owns 
what. I certainly hope that all of the software in question will be archived by 
*somebody* while it still exists, even if it's kept off of public servers out 
of respect for the rights-holders (or at least, out of concern about being sued 
by them).

I don't accept the argument that the concept of abandonware is nothing more 
than a ploy to steal food from the mouths of others. I've heard more than one 
tale of the legitimate rights holders of pieces of software ceasing to exist, 
with any successors being unidentifiable, unaware that the software in question 
exists, and/or simply not caring. In such a case, I believe that preservation 
of the software for future generations trumps any pedantic adherence to 
arbitrary rules stating that since a clearly identifiable owner has never 
formally released the software, it must simple be allowed to vanish forever.

Preserve the data and software while it's still possible! If an owner comes 
forward later who gets pissed off about it, we can deal with that as it comes 
up.

-- 
Mark J. Blair, NF6X <n...@nf6x.net>
http://www.nf6x.net/

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