CMD items removed from my website

[Andrew Wiskow]

Everything that is CMD-related has been removed from my personal website at http://cottonwood.servebbs.com/wiskow .  The whole point behind my personal website has always been to make hard-to-find things available to people that can't get them anywhere else.  Since it seemed like Maurice had disappeared off the face of the earth, the CMD stuff fell into that category.  Since it appears that he's back, and he's going to be actively selling the CMD items again, then of course I don't want to get in the way of that.  Other things that I have available, like the 8250lp/SFD-1001 Technical Manual or the Blitz 128 compiler, are copyrighted as well, but if there is no viable source for people to get things like this, then I see no harm in making it available.

I hope everyone understands.

[Blacklord]

But who in their right mind would buy anything off him ?

[RobertB]

     I've been waiting for my order for 7 1/2 years.

                   Truly,
                   Robert Bernardo
                   Fresno Commodore User Group
                   http://videocam.net.au/fcug
                   CommVEx v5 info - http://www.commodore.ca/forum and click on ComVEX

[SmallCleverDinosaur]

But who in their right mind would buy anything off him ?

It seems that nobody really likes this guy? Why is that?

     I've been waiting for my order for 7 1/2 years.

Man, that sucks! I can understand why you don't like him

I think it's commendable of Mr. Wiskow though, that he respects the mans copyrights

[Andrew Wiskow]

I always said that if Maurice contacted me and asked me to remove the CMD items from my website, then I would.  He did, so I did.  Now, it'll be interesting to see if he gets caught up on orders.  It seems unlikely to me, but I guess time will tell...

[RobertB]

I always said that if Maurice contacted me and asked me to remove the CMD items from my website, then I would.  He did, so I did.  Now, it'll be interesting to see if he gets caught up on orders.

Ah, can you divulge any details of the e-mail?  (Exactly what was said?)

                  Truly,
                  Robert Bernardo
                  Fresno Commodore User Group
                  http://videocam.net.au/fcug
                  CommVEx v5 info -- http://www.commodore.ca/forum and click on ComVEX

[Andrew Wiskow]

Ah, can you divulge any details of the e-mail?  (Exactly what was said?)

I don't see why not...

He replied to a post I made on the Homestead list, where I said that Blitz 128 and other "goodies" are available on my website.  Here's what he said:

Some of those other goodies you refer to... I don't ever recall you getting permission to make available all the CMD related items for free downloading. I am asking nicely for you to remove the JiffyDOS manuals and installation instructions, the RAMLink manual, FD manual, SCPU manual, HD manual, and anything else that you are in violation of, especially the JiffyDOS roms.

Don't you realize how illegal this is. This is absolutely unbelievable.

Please remove all of this within the next 48 hours.

Thanks...

-Maurice

I then replied to him:

Maurice,

It's all been removed, per your request.  The whole point behind my
personal website has always been to make hard-to-find things available
to people that can't get them anywhere else.  Since it seemed like you
had disappeared off the face of the earth, the CMD stuff fell into
that category.  If you're back, and you're going to be actively
selling the CMD items again, then of course I don't want to get in the
way of that.  Other things that I have available, like the
8250lp/SFD-1001 Technical Manual or the Blitz 128 compiler, are
copyrighted as well, but if there is no viable source for people to
get things like this, then I see no harm in making it available.

I hope you understand.

(I just edited this to use as my first post in this thread here)

Then he replied:

Actually, I don't understand. At what point did you attempt to contact me about making all of that available? And how much of it has been downloaded? Do you realize the effect that can have? Others will now think they can make it all freely available as well.

By the way, I have brand new Blitz packages here as well since CMD bought out the remaining inventory of what was left a long time ago. But that doesn't bother me like what you have managed to do with the JiffyDOS roms and all the user manuals and disks.

Just because you think something is hard to get doesn't mean that it is legal for you to freely distribute it.

I just don't get it.

A few minutes later, he followed up with:

I just managed to download the JiffyDOS.zip file again. I thought you said you removed everything?

There is more to removing than just changing the html page. You need to "delete" all the files.

You are still violating copyright law.

The following won't like what you are doing:

dyndns.com because you use their service for hosting this.
rr.com because you have it running on their IP address.
google.com because you use gmail to spread the word around.

This is more serious than you realize.

You better start trying to contact the copyright holders of all the other products you have on your page, for your own sake.

And another e-mail from him a little under an hour after that one:

It's amazing how doing a google search for "wiskow jiffydos" turns up so much info. I see where you have been very busy spreading the word about JiffyDOS being available from you for free.

You left yourself wide open with this one. There is no way you can remove everything you have done. It's people like you that destroy what's still good about this business. Way to go.

-Maurice

I replied to this last e-mail:

Maurice,

I'm truly sorry if you don't agree with the reasoning for what I did.
But I always said that if you were to ever return to making JiffyDOS
available, I would immediately remove those files from my server, and
that's exactly what I've done.  I did not intend to destroy
anything...  I was merely making something available wasn't available
anywhere else.  Francois Leveille has also been providing the service
to people of burning JiffyDOS chips and adapters with switches, and
he, too, has always said that he'd cease providing this service if you
ever started making JiffyDOS available again.

Again, I'm sorry if you don't agree with this, and I mean no
disrespect, but you really have no one to blame for any of this but
yourself.  I don't know what's been going on in your life that things
have gotten to where they are now, and it's really none of my
business, but if you hadn't stopped delivering orders, then no one
would have had to search for "alternate" means of aquiring what they
needed for their Commodore computers.  I'm a huge fan of the Commodore
line of computers, and I plan to continue using them until the end of
my days.

I hope you can find it in your heart to forgive and forget in this
matter.  I'll be sure to send anyone looking for JiffyDOS or any other
CMD items your way from now on.

-Andrew

And I replied to the earlier e-mail:

2009/2/18 Maurice Randall <maurice@cmdrkey.com>:

> I just managed to download the JiffyDOS.zip file again. I thought you said
> you removed everything?
>
> There is more to removing than just changing the html page. You need to
> "delete" all the files.


Quite right...  The whole /wiskow subdomain has now been taken offline
until I have a chance to do a full rewrite.


> You are still violating copyright law.


I'd be willing to wager that everyone who uses Commodore computers
these days is violating copyright law, and I think you know it.  As an
example, it's not like you can go to a computer store and buy a new
copy of Epyx Summer Games if you want to play it and you don't already
have it.  So what do you do?  Most likely, you'll find a site where
you can download a d64 of it, transfer it to a disk to run on your
Commodore computer, or just run it in an emulator.  Technically,
that's violating copyright law.

Maurice, I really don't feel like getting into a bicker war with you
over this.  I've already apologized, and I've now removed ALL the
files from my server.  Many people, myself included, try to do the
right thing and don't pirate things that are still actively being
sold.  For example, I have a complete collection of Loadstar disks.  I
was going to post it for people to download, but when I researched it
more, I found out that it was still being sold.  I ordered a copy of
Loadstar Compleat on a CD-ROM from Fender Tucker, and I got it in the
mail soon thereafter.  Anyone that asks me where they can get old
Loadstar disks, I give them contact info for Fender and let them know
they can order them from him.  A couple years ago, I contacted you
several times about ordering items from you.  Most of the time, I got
no response.  When I did get a response, I was always told that "it'll
be available soon," even though it never was.  When I asked around, I
found that everyone was having the same experience and no one was able
to get the CMD items that they needed for their Commodores.  What I
did, I did in an attempt to help.

-Andrew

And there you have it... 

[RobertB]

     Wow!  Thank you for the insight into all of this.  It is interesting that he makes no mention of going back into production and just concentrates on copyright violations.

                Truly,
                Robert Bernardo
                Fresno Commodore User Group
                http://videocam.net.au/fcug
                CommVEx v5 info -- http://www.commodore.ca/forum and click on ComVEX

[Blacklord]

Why hasn't someone sued the a**e off him for fraud yet ? In Australia, taking money & not delivering is a criminal offense.

[Andrew Wiskow]

I just got another e-mail from him.  It sounds like this will be the last I hear from him:

> I'm truly sorry if you don't agree with the reasoning for what I did.


You're right, I don't agree. What can I take from you that you would be willing to forgive me for? This is very disgusting.

That's all I have to say about it.

[RobertB]

     I am surprised by the tone of his messages.  Instead of a matter-of-fact request to pull down the material, his e-mails are full of anger, seemingly blaming you for everybody else who has managed to break the copyright.

                 Truly,
                 Robert Bernardo
                 Fresno Commodore User Group
                 http://videocam.net.au/fcug
                 CommVEx v5 info - http://www.commodore.ca/forum and click on ComVEX

[RobertB]

Why hasn't someone sued the a**e off him for fraud yet ?

Individual users have reported success in getting their money back when the state attorney general gets involved.  However, lawsuits cost money to carry out, especially when many of those who want their goods/money live out-of-the-state or out-of-the-country.

            No one has tried a class-action lawsuit,
            Robert Bernardo
            Fresno Commodore User Group
            http://videocam.net.au/fcug
            CommVEx v5 info - http://www.commodore.ca/forum and click on ComVEX

[Blacklord]

Because he's acted fraudently, here it would be a police matter. He'd be facing a jail term. (And civil action).

[Andrew Wiskow]

     I am surprised by the tone of his messages.  Instead of a matter-of-fact request to pull down the material, his e-mails are full of anger, seemingly blaming you for everybody else who has managed to break the copyright.

I agree...  Luckily, over 15 years of military service has trained me how to not take things personally.  Like with many things, I'll just brush this off and continue on with my life, which is too precious to spend dwelling on unimportant things like this.

[SmallCleverDinosaur]

I agree...  Luckily, over 15 years of military service has trained me how to not take things personally.  Like with many things, I'll just brush this off and continue on with my life, which is too precious to spend dwelling on unimportant things like this.

Well said Mr Wiskow And after reading all of this, one thing is for sure; I will never by anything from Maurice Randall!

[jt-3d]

Apparantly Maaurice thinks it's ok to accept orders and payment as long as he's intending to fill the orders some day. And since he intends to fill them when he gets around to it, nobody else should make the stuff available. If he wants to find disgusting have him look in a mirror.

I suppose it's possible that he was kidnapped by aliens and is unaware of the lost time but I'm guessing he's just a dick.

[Shaun_CCC(UK)]

I too find Maurice's tone quite disturbing. A good friend of mine, Allan Bairstow, used to import these items into the UK, first from CMD and then from Maurice himself. Allan ordered quite a lot of stuff from Maurice and paid him in advance. After seeing nothing of the order, he refunded everyone who ordered through him *out of his own pocket* as he thought that was the decent thing to do. Therefore, Allan remains many hundreds of pounds down, and has not received anything from Maurice, nor has he received a penny back. This really hurt Allan, a genuine Commodore enthusiast and a great bloke, and he has barely touched a Commodore since, which is a great shame.

Regards,

Shaun.

[airship]

Unfortunately, the law is on Maurice's side in this case. He owns the IP, Andrew distributed it without permission. Andrew did the right thing in taking it down. But If Maurice wants to pursue legal action, Andrew will be screwed. Anyone who distributes ANY copyrighted work needs to know the liability they open themselves up to when they do so. The fact that Maurice is in Canada and Andrew's in the US might complicate matters to the point where it would cost Maurice too much to pursue the case. But the takedown notice has already done its harm.

The classy way for Maurice to have handled this would have been to post an announcement on the CBM boards saying he was sorry about what a douche he had been, and he was going to start distributing product again, and he would make good all past orders, and would people please quite distributing 'his' stuff for free. Then he should have taken his hits while reestablishing his business. But that's not the way he rolls. He's the victim, here. Right?

Even if Maurice starts selling them right away, and does a bang-up job of customer service from here on out, I predict that pirated JiffyDOS ROM images will remain the preferred method of distribution for this product well into the foreseeable future.

This is why we so desperately need an 'orphaned works' clause in our copyright laws - to protect people like Andrew.

That being said, if Maurice tries to sue Andrew or anyone else for illegally distributing his works, the resulting publicity will no doubt result in the CBM community rising up en masse and drowning him in mail fraud cases, so he won't win.

The guys who have been selling JiffyDOS ROMs online may have more problems - Andrew made no profit from his distributions, but they did.

In any event, Maurice has, once again, proven beyond the shadow of a doubt that he is, indeed, a douche. In my opinion.

BTW, I don't care if I desperately needed a pacemaker or I would die a horrible painful death, and Maurice was the only person in the world legally able to sell them, and he sold them for a penny apiece - I wouldn't buy one from him. I'd prefer to die rather than give him a single cent.

[RobertB]

...Maurice is in Canada and Andrew's in the US...

Maurice is in the area of Lansing, Michigan.

              Unless Canada has now annexed Michigan, 
              Robert Bernardo
              Fresno Commodore User Group
              http://videocam.net.au/fcug
              CommVEx v5 info -- http://www.commodore.ca/forum and click on ComVEX

[airship]

Maurice is in the area of Lansing, Michigan.
Unless Canada has now annexed Michigan

Haven't they? 

[Andrew Wiskow]

From what I've heard, Maurice has no real legal claim to anything he sells (he's a licensee, not the copyright owner), so I'm not really worried about being sued by him.

[BigDumbDinosaur]

From what I've heard, Maurice has no real legal claim to anything he sells (he's a licensee, not the copyright owner), so I'm not really worried about being sued by him.

You're correct.  Maurice has no legal standing vis a vis the CMD intellectual property.  He was granted a license to produce and sell product, which license does not confer any IP rights of any kind.  Regardless, he'd be crazy to attempt any kind of legal action because of the number of disgruntled customers who'd go after him for fraud.  He's lucky I never did business with him and got bilked, as I have access to the legal resources needed to sink his ship.  Hmm, maybe I should order something and send money...

[SmallCleverDinosaur]

What do you think of this auction? Is it "authorized" or will Maurice hunt him down too?

[Andrew Wiskow]

What do you think of this auction? Is it "authorized" or will Maurice hunt him down too?

The bad thing about basicwayne's auctions is that he actually tries to make the EPROMs that he sells look like real JiffyDOS chips...  :|

[airship]

The bad thing about basicwayne's auctions is that he actually tries to make the EPROMs that he sells look like real JiffyDOS chips... 

Mine have globs of white tape over their little windows with something illegible written on them in shaky Magic Marker.