AskMe Legality Guideline

November 3, 2004 9:40 AM

Should Ask MetaFilter be used to help someone find software that is not suppose to be distributed?
posted by terrapin to Etiquette/Policy at 9:40 AM (12 comments total)

No.
posted by scarabic at 9:45 AM on November 3, 2004

It's a tough one. On the one hand, yeah, we shouldn't link to "illegal" software, but on the other, I'm sympathetic to the cause since I've had a mac hard drive die recently and take all my music with it (but I had it on my ipod).

I don't want ask metafilter to be a warez community but this is a helpful slightly underground app that does what people want and have legit reasons to do. So it's tough. I just might leave this question thread up in this case.
posted by mathowie (staff) at 9:46 AM on November 3, 2004

Don't get me wrong, I got the program too (haven't used it yet), and agree that sometimes "illegal" apps are a last-gasp helper. But I think that this information could easily have been found -- and is better suited -- on someplace like iPodlounge.
posted by terrapin at 9:50 AM on November 3, 2004

I vote for leave it up.
posted by PinkStainlessTail at 9:55 AM on November 3, 2004

Me too. Since when did we worship the DCMA here? It's only 'illegal' because Apple doesn't like it - there are plenty of legitimate uses for it. Using the iPod as a backup of the music folder, for one.
posted by bonaldi at 10:01 AM on November 3, 2004

Is this program actually illegal even in the US? It would seem that fair use in the US would allow you to use it.
It appears it would be legal in Canada unless he used some of Apple's copyrighted code and embedded it in his product.

Just because Apple had their laywer fire off a cease and desist to the hosting company doesn't make this software _Warez'_

I'm voting leave it up too.
posted by Mitheral at 10:04 AM on November 3, 2004

unless he used some of Apple's copyrighted code and embedded it in his product.

That’s pretty much what Apple is claiming in the cease and desist notice.
posted by Tenuki at 10:09 AM on November 3, 2004

I don't think the program even violates the DMCA: all it does is facilitate copying files from an iPod to your hard drive -- which can be done several other ways, even without extra software. (At least on a mac, you can always go to the command line.)
posted by ook at 10:09 AM on November 3, 2004

It's a no-brainer. This isn't pirated software; it's just misguided corporate self-interest. Leave it up until Matt gets a C&D.
posted by waxpancake at 10:34 AM on November 3, 2004

Mitheral makes the dominating point in this discussion. Apple's lawyers aren't the arbiters of legal and illegal.
posted by stuart_s at 11:10 AM on November 3, 2004

Mitheral makes the dominating point in this discussion. Apple's lawyers aren't the arbiters of legal and illegal.

Not sure how that is the "point" when the post is whether Ask MetaFilter is the place for such things. Father Matt weighed in and that's all that matters. However, my question isn't about the ethics of suchs things. It still seems to me that no matter what one's position is on ownership rights for intellectual property, that Ask MetaFilter is not the place for these types of exchanges. Places such as iPodLounge are.
posted by terrapin at 11:53 AM on November 3, 2004

Corporations claim that all kinds of shit isn't supposed to be distributed. Sometimes they are telling the truth, but not universally. Therefore, a question like this ought to be acceptable on a case-by-case basis.

In this case, yes, I think it's a perfectly legitimate question. The answer -- a link -- may not be, but that's another issue entirely.
posted by majick at 12:25 PM on November 3, 2004