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... hard to obtain otherwise

Distributing a work that is hard to obtain otherwise (for reasons of scarcity or cost) is not fraudulent as long as you make it clear that's what you are doing (it is of course still illegal, unfortunately).

As one interested in the history of computing, this is of some interest to me. In order to use and maintain most obsolete machines, violating copyrights is almost essential, since manuals and software are no longer available by 'legitimate' means (although a few manufacturers have graciously granted free non-commercial license to obsolete material). In this respect, trademark law, with its "use it or lose it" rule, could be a reasonable model; it would protect Disney's continuing interest in Mickey Mouse without forever criminalizing the use of material of no commercial value.

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