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From: brucet@cpsc.ucalgary.ca (Bruce Thompson)
Newsgroups: comp.sources.d
Subject: Re: Paying for Shareware (Was: Re: v09i070: newsclip 1.1...)
Summary: The issue may be starting to get cloudy.
Keywords: shareware freeware morals ethics knowledge
Message-ID: <2350@cs-spool.calgary.UUCP>
Date: 17 Jan 90 07:11:56 GMT
References: <137@sneezy.tcom.stc.co.uk> <15398@well.UUCP> <1134@utoday.UUCP> <1990Jan8.043811.23794@robohack.UUCP> <1138@utoday.UUCP>
Sender: news@calgary.UUCP
Reply-To: brucet@ksi.cpsc.ucalgary.ca.UUCP (Bruce Thompson)
Organization: NovAtel Communications Ltd., Calgary, Alberta, CANADA
Lines: 68

I think that the discussion may be getting a little clouded, and I thought
that I'd try to summarize a few observations.

The ethical issue seems to be centered around the claim that by using a piece
of freely distributed software a contractual obligation exists between the
writer of that software and the user of that software.

Precisely what basis exists for that claim is fairly unclear.

The reply to that claim is that there is no such contract, or if there is that
it is strictly unenforceable and therefore invalid.

As near as I can figure, the related topic of unsolicited merchandise recieved
by mail is very relevant. If I am reading *.source.* and I recieve source code
for a program that I find useful, it is my contention that, like unsolicited
merchandise, I am under no OBLIGATION to pay for that software. In the case of
shareware, where there is a REQUEST that I register for various purposes,
including providing financial support to the author, I can freely decide
whether or not I want to do so. I have not seen anything to convince me
otherwise.

Intellectual property rights do exist, and there certainly are many reasonable
ways that these rights can be enforced. Indeed, by placing a Copyright notice
in the source code you can rightfully require recipients of he software to not
copy it, sell it, etc. without your express written permission. Richard
Stallman's Copyleft is a well designed example of a copyright notice which
establishes specific requirements under which the covered software may be
distributed/used by third parties. There are though some clear precedents
whereby requiring payment for goods can and cannot be done.

An analogy will be helpful here. Let us suppose that you and I are neighbors.
You grow an apple tree next to the fence separating our property. You put a
lot of work into nurturing this tree and it grows large and produces a lot of
fruit which you sell at a local farmer's market. It turns out that a few of
the branches hang over the fence into my yard. I decide to pick the apples on
my side of the fence. You claim that since the apples came from your tree that
I have an obligation to pay you for the apples. In Canadian courts, it has
been ruled (there have been cases precisely like this in the past) that since
the branches are on my property then the apples from these branches are my
property and that therfore I have no OBLIGATION to pay you for them. However,
as I good neighbor I may pay you for them to help you buy the fertilizer, etc.
that keeps the tree so healthy.

This is precisely the state when Shareware is distributed REGARDLESS of the
fact that the UseNet is paid for by other people. If you wish to require
people to pay for software that you produce then you will have to provide an
enforceable method. There are several ways to do this. The first is to simply
market the software. A second would be to post a "demo" subset of the software
that people can try out and if they like it they can order the full
implementation through email. A third though more difficult method would be to
use time-stamped authentication codes. The distribution could go out with
codes that will expire in say a month, then new codes can be provided when the
software is registered.

I think the hing to do is not claim that people are "stealing" your
intellectual property because clearly they're not. You are giving it away and
asking people to pay for it. There are no legal grounds upon which to base a
claim of theft. I'm not suggesting that Shareware die, and if I used any I
likely would register it regardless of profit, etc. However I would suggest
that if it is so vital that all copies being used be registered then steps can
and should be taken to force this.

==============================================================================
Bruce Thompson			| "I've got this terrible pain in all the
NovAtel Communications Ltd.	| diodes down my left side" - Marvin the
				| Paranoid Android
The opinions expressed are my own, and do not necessarily reflect those of
NovAtel Communications Ltd. nor those of The University of Calgary.