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From: eros@chovax.DEC
Newsgroups: net.sources.mac
Subject: Re: Is a Shareware License enforceable?
Message-ID: <130@decwrl.DEC.COM>
Date: Fri, 20-Dec-85 13:08:42 EST
Article-I.D.: decwrl.130
Posted: Fri Dec 20 13:08:42 1985
Date-Received: Sun, 22-Dec-85 00:24:28 EST
Sender: daemon@decwrl.DEC.COM
Organization: Digital Equipment Corporation
Lines: 29



In a recent article, John A. Wasser writes:

> ...since the software was provided free it has the same status as any 
> unsolicited merchandise given to you freely.  It is yours and as long 
> as any COPYING is restricted to the limits imposed by the copyright 
> owner (usually "Distribute to anyone as long as not for commercial gain") 
> you cannot be forced to give up use of it.  You have a legally obtained 
> copy and the right to use it for your own purposes...
> 
> 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.

I'm think there's a flaw here; this rationale can really only hold for
software distributed to you directly from the developer.  I have often 
observed distribution of shareware products over net.sources.mac by people
who have copies.  To use your example, if you received an unsolicited copy
of the Encyclopedia you are not obligated to pay for it.  That does not allow 
you however, to copy the Encyclopedia and give copies of it to all your 
friends.

I agree that we don't need to get into a discussion of any 'moral imperatives'
involved in Shareware, this is just another angle to look at...

		Tony Eros
		Digital Equipment Corporation
		...decvax!decwrl!rhea!chovax!eros