any legal eagles on copyright issues

[bigjon]

I live in the UK, and I have a dot-com website hosted and paid for in $
through paypal in the U.S.

I am hosting for download an old (last?) freeware version of a now
discontinued/Authors homepage 404, German program on my American based
server.

Can the Author suddenly, out of the blue, decide that I am not allowed to
offer his program for download and force me to remove it?

Can the Author now claim copyright infringement and tell me to remove it?
I know he retains the copyright, but I am sure that as the licence
(included in the program, not separate) states :

..../"How much does it cost? That's the greatest! Nothing. This program is
Freeware. You may and should freely distribute it to your friends/"...

he should continue to honour this? I can easily find several other sites
hosting the file as well, but they are in German, not English. The version
I have is in English.

What are the grounds for the Program's Author asking (demanding with threat
of legal action actually) removal - I always thought that once freeware,
always freeware, or can the Author suddenly decide to withdraw it's status?

Where do I stand if as a UK citizen, with an amnerican server, he tries to
force me to remove it through a German court?

.../I am not being awkward, I simply need information as I want to keep this
"last English freeware version" online!

 

[Steven Burn]

Where do I stand if as a UK citizen, with an amnerican server, he tries to
force me to remove it through a German court?

If the licence that came with the version you have, states distribution is
permitted, whilst it would be a courtest to the edgit err, author, to stop
doing so - he has absolutely no legal right to change such licence for that
particular version (only newer versions) and does not have any right to
force removal of such.

--
Regards

Steven Burn
Ur I.T. Mate Group
www.it-mate.co.uk

Keeping it FREE!

 

[bigjon]

If the licence that came with the version you have, states distribution is
permitted, whilst it would be a courtest to the edgit err, author, to stop
doing so - he has absolutely no legal right to change such licence for that
particular version (only newer versions) and does not have any right to
force removal of such.

thank you.
any more from anybody else?

 

[Mikey S.]

Once free, always free internationally.
Can NOT change his mind.

 

[bigjon]

Once free, always free internationally.
Can NOT change his mind.

That's what I was thinking.
If so, it would affect the pricelessware site in a big way, so you guys
must know something about it !

Thank you.

 

[REM]

bigjon <[email protected]> wrote:

I live in the UK, and I have a dot-com website hosted and paid for in $
through paypal in the U.S.

I am hosting for download an old (last?) freeware version of a now
discontinued/Authors homepage 404, German program on my American based
server.

Can the Author suddenly, out of the blue, decide that I am not allowed to
offer his program for download and force me to remove it?

Can the Author now claim copyright infringement and tell me to remove it?
I know he retains the copyright, but I am sure that as the licence
(included in the program, not separate) states :

.../"How much does it cost? That's the greatest! Nothing. This program is
Freeware. You may and should freely distribute it to your friends/"...

he should continue to honour this? I can easily find several other sites
hosting the file as well, but they are in German, not English. The version
I have is in English.

What are the grounds for the Program's Author asking (demanding with threat
of legal action actually) removal - I always thought that once freeware,
always freeware, or can the Author suddenly decide to withdraw it's status?

Where do I stand if as a UK citizen, with an amnerican server, he tries to
force me to remove it through a German court?

../I am not being awkward, I simply need information as I want to keep this
"last English freeware version" online!

Drive Rescue. I received a similar email. The author quoted laws for
Germany... I tried telling him that that doesn't apply here and that
the documentation that he wrote for that version says that people
SHOULD share the program.

I also pointed out that he received help via beta testers, people with
suggestions, and people like us who pay to make his program available.
He has used the general public to get where he is and now he seems to
think that a German copyright law can unring the bell???

I think that he still does not get it, but my version is staying. If
Globat raises any concerns I'll look for another host.

 

[bigjon]

Drive Rescue. I received a similar email. The author quoted laws for
Germany... I tried telling him that that doesn't apply here and that
the documentation that he wrote for that version says that people
SHOULD share the program.

I also pointed out that he received help via beta testers, people with
suggestions, and people like us who pay to make his program available.
He has used the general public to get where he is and now he seems to
think that a German copyright law can unring the bell???

I think that he still does not get it, but my version is staying. If
Globat raises any concerns I'll look for another host.

My "host" won't complain at all, I own part of it, but I'm glad there are
more people out there fighting to keep this stuff alive.

Thank you!

 

[Cosmo Brown]

The EULA or similar in most freeware programs gives anyone the right
to use or distribute BUT the copyright remains with the author. The
author also stipulates that no-one can alter his code (usually)

If the author asks you not to list his program then I think you should
respect his wish, thus acknowledging his copyright.

However, where does the jurisdiction lie? You are in the UK and the
server host is in the US. Where is the author? If he is in the US
then he could take action there quite easily against the server host.
But would it be worth his while? Would he look for damages?

There have been actions cross-continent already but usually for libel
alleged to have been committed on the internet.

************