Path: utzoo!attcan!utgpu!jarvis.csri.toronto.edu!mailrus!tut.cis.ohio-state.edu!ucbvax!decwrl!decvax!ima!mirror!prism!jib
From: jib@prism.TMC.COM
Newsgroups: comp.sys.apple
Subject: Re: ShareWare blues
Message-ID: <242000031@prism>
Date: 31 Aug 89 13:40:00 GMT
References: <10805@smoke.BRL.MIL>
Lines: 33
Nf-ID: #R:smoke.BRL.MIL:-1080500:prism:242000031:000:1363
Nf-From: prism.TMC.COM!jib    Aug 31 09:40:00 1989


RE:Shareware & Legal obligations

(I am a lawyer, but I am do not practice law and have not researched this
issue)

It is not clear that the obligation to pay for shareware that you use is
legally enforceable, but I tend to think that a court would enforce it.

First of all, I personally SUPPORT the shareware concept and encourage
others to do the same.  I only use (after trying) shareware that I have
paid for.

As to legal grounds for support: (1) implied contract -- you knew the
conditions associated with use and accepted them by using the program,
therefore you owe the fee; (2) quantum meruit -- that is, unjust
enrichment, you should not be allowed to benefit from the program unless
you pay for it.

BTW, I doubt that the copyright laws come into play at all.  As the author
of a program, you do own it unless you give or sell your rights to it.
This is true whether you register the software with the copyright office
or not.  However, the copyright laws themselves DO NOT allow you to
condition use of a program -- but contract law does.

My opinions (and not ones you should rely on as legal advice) only!


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Jim Block		jib@prism.TMC.COM  
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