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From: matt@srs.UUCP (Matt Goheen)
Newsgroups: net.micro.mac
Subject: Re: Is a Shareware license enforceable?
Message-ID: <189@srs.UUCP>
Date: Tue, 24-Dec-85 12:27:54 EST
Article-I.D.: srs.189
Posted: Tue Dec 24 12:27:54 1985
Date-Received: Sat, 28-Dec-85 00:44:14 EST
References: <27@decwrl.UUCP> <1103@arthur.purdue.UUCP>
Organization: S.R. Systems, Rochester NY
Lines: 29

>In article <27@decwrl.UUCP>, wasser@viking.DEC (John A. Wasser) writes:
>> 
>> 		Is a Shareware License Enforceable?
>> ...  If the Encyclopedia Britanica people were to send you a copy of
>> their encyclopedia for a 30 day free trial, AND you have NOT ASKED FOR
>> SUCH A TRIAL, you are not obligated to pay for the encyclopedia.
(caps added for emphasis - mwg)

> ...what you have said about free trials is clearly false.
>	 					Steve Munson

    Mr. Wasser is indeed correct here.  Anything sent to you in the
mail, UNSOLICITED, is yours to keep.  This makes a good deal of sense
in that, if this was not the case, I could send out some bogus junk
in the mail and charge $200 for it.  The burden of returning it would
then be on the recipient.  Obviously this CAN'T be the case as lots
of rip-off types would take full advantage and sue anyone who didn't
return the merchandise within the trial period.  As to how this applies
to shareware (the original idea here), it's hard to say.  I would say
that a shareware license in not enforceable on the grounds that the
author has given permission to copy and distribute the product.  Once
you are given a copy, it is yours to do as you want.  If someone gave
you a book (w/o you asking for it) and inside it said you could copy
and/or distribute it but couldn't keep it unless you sent in $10, how
seriously would you take it?  Not very...

					    Matt Goheen
					    S.R. Systems
				{seismo,allegra}!rochester!srs!matt