Subject: Re: the status of Apple system software & vogon hypocrisy
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From: Rubywand <rubywand@swbell.net>
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Date: Tue, 11 Jul 2000 00:32:00 -0500
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Mike Westerfield writes ...
> 
> ----------
> In article <396046BF.2A71A70F@swbell.net>, Rubywand <rubywand@swbell.net>
> wrote:
> 
> > Except for one thing: Apple II system software is not licensed. Nobody
> > has a valid license to distribute Apple II system software.
> 
> I do. It's part of my contract (yes, written, signed, paper contract) with
> Apple computer to distribute Apple II APDA products.
> 
 ....

     That may be.

     Wayne Stewart pointed out that users' groups (now referred to as "Mac
User groups")  can apply to obtain a non-commercial license to distribute
Apple system software. As mentioned in my reply to Wayne, a check shows that
all significant Apple II system software is included; and, that the
non-commercial license is in effect until it is canceled.

     So (as also suggested in the reply to Wayne), if your license states
that it is valid until canceled, then, unless it should be canceled, it seems
likely that it is valid.


     Regarding the snip you quote, the rationale for the comment stems from
contacts with Apple. Here is the Text of my questions (March 2000) to Apple:


>>

    Is Apple-owned Apple II (e.g. pre-Mac Apple II series) system software
such as ProDOS, GS/OS, GS System 6 currently licensed?

     Does anyone currently have a valid license to distribute Apple-owned
Apple II system software?

<<


     The reply from Apple included this information:

> We no longer license Apple II software for distribution.

along with an observation that, as far as the rep was aware, Apple had not
terminated contracts that were in place.


     My interpretation of the above was that Apple's Apple II software is not
licensed for distribution-- i.e. the old commercial licenses are not valid--
but that Apple had not officially notified those with old licenses and did
not object to their commercial distributions. As noted in the reply to Wayne,
in light of current provisions for non-commercial distributions, this
interpretation could be incorrect.

     If the interpretation is wrong-- i.e. the old commercial licenses remain
valid-- then the bind for Apple is that any new distributor of commercial
software which needs to include A2 system software can insist that he/she be
granted a commercial license. Either that, or that all such licenses be
canceled. One way or the other, Apple would be required to 'level the playing
field' for commercial distributors.

     So, whether or not your license is valid, we have a 'Don't ask, don't
tell' situation. Clearly, Apple does not wish to be in the business of
licensing Apple II system software for commercial distribution. Pressing the
matter could officially end all commercial licensing-- that is, Apple might
decide to send out the cancellation notices.

     It should be obvious that, as a rule, Apple simply does not care who
distributes Apple II system software or how. In fact, as illustrated by
distributions (for years) of II/IIgs ROM code and A2 Appleworks, this applies
to Apple II materials in general.

     Evidently, so long as its ultimate ownership is not seriously challenged
and its profits from Mac sales and Mac software are not negatively impacted,
Apple will pay as little attention to Apple II series matters as possible.




Rubywand