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From: wasser@viking.DEC (John A. Wasser)
Newsgroups: net.micro.mac
Subject: Re: Is a Shareware License enforceable?
Message-ID: <165@decwrl.DEC.COM>
Date: Tue, 24-Dec-85 11:53:55 EST
Article-I.D.: decwrl.165
Posted: Tue Dec 24 11:53:55 1985
Date-Received: Wed, 25-Dec-85 06:16:22 EST
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Organization: Digital Equipment Corporation
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	> From: chuq
	> A shareware license restriction MIGHT be enforceable under
	> copyright law.  If I copyright the work I can control how
	> that work is used.

	As my old "Speak and Spell" used to say... "I'm sorry, that
	is incorrect.".  As a copyright owner you can control under
	what circumstances copies may be made (except as allowed by
	the Fair Use clause of the copyright law).  If a person has
	a legally obtained copy they may USE it any way they want
	that doesn't involve copying it (including boiling it in
	chicken soup in an attempt to conjure a demon).

	> My personal opinion is that shareware is in the public domain,
	> and that any requirement to pay is a moral one, not a legal
	> one.

	I am fairly sure that a copyright owner does not automatically
	forfeit copyright protection by posting software on a network
	such as USENET.  If there is a copyright owner, the software 
	CANNOT be in the public domain (since the concepts are mutually 
	exclusive).

	> I don't think Shareware has a leg to stand on, legally.

	My best guess is that if a clause such as: "You may make copies
	and give them away for free ONLY IF YOU FIRST MAKE SURE THE
	RECIPIENT KNOWS AND ACCEPTS THE RESTRICTIONS IN THIS LICENSE" is
	included in the Shareware license, it is sufficient to pass on
	a legal obligation to anyone who receives a copy of the software.
	This clause would mean that you cannot LEGALLY give a copy of the 
	software to anyone who is not willing to abide by the license 
	restrictions (including "Pay within 30 days").  If you give away,
	a copy without informing the person you are giving it to of the
	restrictions, you are in violation of the copyright restrictions.

		-John A. Wasser

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