[pc110] Re: TouchPad driver (was PC110 For Sale)

Dan Ridenhour (driden nospam at stlnet.com)
Wed, 11 Nov 1998 13:32:51 -0600

-----Original Message-----
From: Rex Perkins <rperkins nospam at nine.com>
To: 'pc110 nospam at swan.ml.org' <pc110 nospam at swan.ml.org>; 'PC110 nospam at the-gadgeteer.com'
<PC110 nospam at the-gadgeteer.com>
Date: Wednesday, November 11, 1998 10:05 AM
Subject: RE: TouchPad driver (was PC110 For Sale)

>Hmm, seem to be a few points to clarify here:
>Josh, you stated "Touchpad drivers installed." then "It's currently
>running WIN95..." on the very next line. That's why I assumed you were
>referring to a Windows driver, not a PW or Linux driver. That wouldn't
>make sense, right? If there's another Win95 driver out there, I'd love
>to hear about it.
>Alan, it's my intention to provide the driver for download well into the
>future. I am building a new web server right now in fact.
>(http://www.pobox.com/~pc110 will automatically point to the new server
>when it's up.)
>I would also like to clarify why I am taking this position. In the past
>I have released work to the world at large for no fee only to find
>others distributing it in various ways for profit. I found this
>frustrating and offensive.
>In the case of this driver, I could have easily left the driver as just
>a core running on my machine and any others I chose to install it on.
>Instead, I went to the effort of putting an interface on it and
>documenting it so that others in the community can use it.
>My only restriction was that it is not distributed without my
>permission. I didn't want to see companies -- or individuals -- using MY
>work as a way of leveraging THEIR sales, or losing control of the


Im glad you have provided the 110 community with this driver, and I
your need to protect your effort, I have been in similar situations before
my software on various CD's even with a statement stating that they cannot
so without permission, etc. But in the case of selling a used piece of
with preinstalled software it really doesnt apply unless the seller is
selling machines as
a business (reselling multiple copies) with the driver pre-installed.

A piece of software such as a driver, OS, freeware, shareware, commercial,
sold with a computer is not distribution of said software unless the
seller RETAINS the original, otherwise its a transfer of ownership which is
violating anything.

For example, JoeShmoe decides to sell his computer system, he doesnt use it
and decides he would rather have the cash. So he sells his computer
that it has Windows 95, Microsoft Office, SuchAndSuch software, suchandsuch
drivers, etc. He is free to do this without ANY violation against
Microsoft, or any
of the other companies copyrights or licensing. Its a simply transfer of

If an individual needed to receive permission to sell each piece of software
on their computer in order to sell it, EVERY SINGLE used computer would be
violation. It would go something like this, Heres the computer i am
selling, I hope you
are a tech as I had to reformat the hard drive to remove DOS/Windows and all
software so that im not violating any laws.

driden nospam at stlnet.com

>As I'm sure you all know, if claims to copyright aren't enforced in the
>USA you risk losing them. That's why I felt it appropriate to post my
>original message.
>In this specific case, had Josh asked for permission (nicely!), he would
>have received it.Finally, Josh, you can't copyright an individual's
>name. Trademark it, yes, but not copyright it. (In the US anyhow.) <g>
>(Wondering if I should bother making my keyboard driver available for
>download or just keep it for myself...)