🚀 go-pugleaf

Warning: Controversial Subject matter.

First a little background:
I opened up the latest issue of AmigaWorld to find an advertisement for
a company in CA advertising HACK for sale.  Claiming to be 'The Public Domain
Connection', they list 2 disks containing Hack:
001: Hack. Incredible graphics version.
002: Hack. Text version, for Connoisseurs.

Then one notes that in addition to breaking what used to be a single disk into
two parts, they also have the gall to charge $9.00 for each.  I immediately
called them to let them know I was displeased with their tactics and to request
that they stop selling Hack.  After two phone calls from them (one with an
offer to split profits - something my employer would really not like me to get
into) I still said no to them marketing it.  I am informed that they are doing
so well they are putting in a full page ad next issue.  Well they promised to 
get back in touch with me and attempt some sort of deal but I have not heard
from them since.

A call to the several government agencies gets the response that the only
action is to take the matter to court.  I call AmigagWorld to request that
they prevent him from advertising and making money on my (and other persons
work) but am informed that they would continue to allow any advertising unless
they recieve a court order showing that he is not allowed to sell Hack.

Other miscelaneous facts:
  1) The version he is selling is 1.0.1E - one that still has bugs in it.
     A newer version has been shipping for quitet a while.
  2) Both versions of the game fit well on a single disk.
  3) The going price for diskettes is $6 or $7.
  4) I am still shown on the header (with My phone number) that displays
     when Hack is run (who do you think will get the calls at 2:00 AM?)
  5) Both AmigaWorld and this company admit that I am the person who 
   placed this program on the Amiga.

Why am I Ticked?
I put a great amount of effort into producing this program and making it right.
As a result it has been well enjoyed by many people.  I made no attempt to
make money off my work and do not wish someone else to profit from my work.
They even advertised my work without consulting me.  (If it isn't so
good, then why did they choose it as the feature programs?)

This company is not offering anything that isn't available elsewhere.  In
fact, they are making the program LESS available by splitting it up. (A
price tag of $18.00 for what normally is $6 or $7)

AmigaWorld is supporting this type of behavior in its failure to prohibit
the advertising.

Other companies have asked me if they could market Hack (3 so far) and the
response has always been NO!  I am not the only person involved, we all
owe a lot to Jay Fenalson, Andries Brouwer, and Don Kneller.  It in not
within my rights (or anyone else's) to make money marketing a collective
work in the interest of bettering the avaialable software.  Just because
this company failed to check first is no excuse.

But wait, you might say that Fred Fish and Amazing Computing are doing the
same thing.  No, Fred is recognized as THE public domain source for the
Amiga; Amazing Computing (and the Amigan) offer the disks as a service to
their readers.  This company is selling the disks for the sole purpose
of making a buck.

I am not against the idea of Public Domain software by any means (look at
what I have put out on the Amiga) but I do have an investment in time and
effort to protect.

What can be done:

In my case it looks as if there are only a few choices:
  1) Sue them!  This can get expansive for me and them (In their case, they
can use the money they are making off my work!)
  2) Stop producing freely redistributable software.  This is an extreme
solution, but with AmigaWorld working against me it is a reasonable one.
  3) Ignore the situation and let them walk all over me and anyone else
who is working for the betterment of the Amiga.
  4) Force them to stop selling it and make the situation so others do not
attempt to do the same.

I strongly lean toward solution #2 - unfortunately with my employment
restrictions it means no more software on the Amiga.  Hence I request
assistance on solution #4.

If you are opposed to the actions of AmigaWorld and The Public Domain Connection
then LET THEM KNOW:

It is people like this that are working to destroy what Freeware/Shareware/
Public Domain is all about.

Direct all flames to:
   Amiga Public Domain Connection     (415) 644-3167
   Box 117, 1400 Shattuck Ave
   Berkeley  CA 94709

   AmigaWorld                          (603) 924-9471
   80 Elm Street
   Peterborough, NH  03458

Disclaimer: My employer has nothing to do with me.
-- 
John A. Toebes, VIII       usenet:..mcnc!rti-sel!sas!toebes
USnail: 235 Trillingham Ln, Cary NC 27511   BBS:(919)471-6436