MrFlibble wrote:Wouldn't the good old "license agreement" thing work in this case? E.g. prior to loading a Win3.x game in a browser from the site, users would have to read the license agreement that basically says "You agree not to steal this copy of Win3.x and/or reverse engineer the image", and they have to press "I agree" to play.
This an interesting idea, but I don't think it holds up legally. The concept is that, if anyone violates the agreement and downloads the copyrighted software, Microsoft's quarrel is with them for stealing it and not with me for making it available to steal. If courts would accept that argument, it would open the floodgates to all kinds of legal piracy websites. I could start a website where I put Hollywood videos online and make visitors agree that they will only watch the video and not attempt to download and retain a copy of it. Basically, it would be legal to post anything to YouTube as long as YouTube required you to agree not to attempt to download and keep the videos.
We already know that this argument doesn't work because YouTube is required to remove copyright-infringing videos. Unlike a movie theatre or Netflix, they didn't acquire a license to screen the movie. If you watch a movie on YouTube, obviously you no longer need to rent, purchase, or pay to watch in the theaters. (Actually, studies show that people who illegally download the most songs and movies also legally purchase the most music and movies, but just because piracy might be beneficial doesn't make it legal.) Likewise, software comes with a license. The DOS and Windows licenses usually restrict you to use the operating system on a single computer (though I doubt anyone with two computers ever purchased two copies). While I can argue that I only installed the operating system on one computer (the server hosting the website), the disk image has to be downloaded to each user's computer, thus violating the license agreement that it can only be used on one computer.
Anyway, it comes down to the fact that I can't make visitors agree to a license to use software that I don't have a license to let them use.
Now then, that brings us back to the Netflix case. I could password protect the pages that have Windows 3.1 games and, thus, restrict access to the Windows 3.1 disk images. Users would have to register to be able to play the games, and this would give me the ability to know exactly how many users I need to license. (It still wouldn't stop them from downloading the disk image and illegally redistributing copies of Windows 3.1, so Microsoft would no doubt factor that possibility into their price.) Microsoft sells site licenses to businesses to put Windows on a specific number of machines. Typically you can buy bulk licenses for 100, 1000, 10000, etc, users. I could try to negotiate a deal with Microsoft whereby I would pay a certain amount of money for each user (paying them as new users register), or pay up front for 1000 licenses and then pay for another 1000 when I need more, or something along those lines. Some kind of license could presumably be worked out, but it comes down to the fact that Microsoft would almost certainly require me to pay money for some kind of license. How will I pay for that? If I make users pay to register an account capable of playing the games, how many people do you think would be willing to pay for the ability to play 20 year old Windows 3.1 games in their browser?
jDosbox author James Bryant and I have talked about complying with the "installed on one computer" license by having jDosbox run on the server and stream the video to the visitors. That actually works decently well for applications where lag isn't a big deal, but it's a big problem for games. Depending on your internet connection, there will be a delay of dozens or hundreds of milliseconds while you wait for your input to get to the server, and you're reacting to events that happened dozens of hundreds of milliseconds ago due to the time it took to stream the video to you. At 60 hz, a game is displaying a frame every 16.6 ms, and 70 hz VGA is a frame every 14.3 ms.
Even if lag wasn't a problem, running multiple simultaneous instances of jDosbox and sending a streaming video of the output would require a lot CPU power and bandwidth. Inexpensive shared webhosting probably wouldn't cut it; I would need a dedicated server. Even that would eventually not be good enough if the service became popular enough. Eventually it would require a whole rack of server blades. The site would have to be produce considerable revenue to pay for all of that.
Today entirely the maniac there is no excuse with the article.