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From: mwm@eris (Mike (My watch has windows) Meyer)
Newsgroups: comp.sys.amiga,comp.sys.misc,comp.sys.ibm.pc,comp.sys.mac,comp.sys.atari.st
Subject: Re: Shareware & Honesty (Was: Software (and other kinds of) copying)
Message-ID: <6718@agate.BERKELEY.EDU>
Date: 26 Jan 88 07:39:46 GMT
References: <8055@g.ms.uky.edu> <174@piring.cwi.nl> <39450@sun.uucp> <6649@agate.BERKELEY.EDU> <39910@sun.uucp>
Sender: usenet@agate.BERKELEY.EDU
Reply-To: mwm@eris.UUCP (Mike (My watch has windows) Meyer)
Organization: Missionaria Phonibalonica
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In article <39910@sun.uucp> fiddler%concertina@Sun.COM (Steve Hix) writes:
<I have yet to see
<any shareware that *doesn't* say something upfront like:
<
<	"Hey, you!  THIS IS SHAREWARE! This means that you can
<	try it out, and if you like it enough to use it, then
<	send me $xxxx in small, unmarked bills.  If you *don't*
<	like it enough to use it, then erase your copy and go
<	have fun doing whatever.  You can pass this on to your 
<	minions and cohorts, with this message included, so they
<	can make their own minds up."

I have. I've seen shareware that has a comment buried in the sources
asking for money.

<Exactly!  Shareware is *NOT* PD "freeware", 

Oh? It comes over the wire (or in the mail) with the freeware, it
encourages you to make copies of it and give it away. Sure looks like
freeware to me. Some of it doesn't even have a copyright notice (or,
worse yet, has a copyright notice that won't stand up in a court). In
any case, once it's in my hands, it's mine - just like any other
unsolicitied material. The copyright laws prevent me from giving it
away (if applicable), but not from using it.

<You probably shouldn't try this tack in court, by the way.  There
<is quite a bit of precedent in marketing goods or services where the
<first use/service is free if you don't like the product.  ("Just
<mark cancel on your first bill...")

You can turn off the service, but you can't take back the product
they've given you to date. In other words, taking the software back is
going to be hard. Of course, I'd only try that tack if some shareware
author tried to sue me about using the software without having sent
them money (I don't use any software that says "If you use this,
please send $XX to Joe Bob's Software Sweatshop", so it's not likely).
Should that tack fail, I can always compare it to "shrinkwrap" license
agreements (which aren't binding).

Given the amounts usually involved in shareware, any court case would
almost certainly go to small claims court. Where it would almost as
certainly get thrown out of court. But I'll check with my resident
lawyer ASAP.

<Ah ha!  You have a choice, don't you?  Go with shareware (which often
<includes support and documentation for paying users), or go for free
<PD software, which usually implies neither.  (Although source and some
<documentation may be included...and that's just fine.)

Shareware that includes support? Gee, I don't see much of that.
Documentation? _NO_ piece of shareware (and not bloody much commercial
software) I've ever run into matches the documentation in small tex -
which is freeware. On average, the shareware is no better than the
freeware.

<I have yet to see shareware forced on anyone. 

<Again, shareware is seldom forced on you.  You usually have to go
<to the trouble of getting it.

<If you don't like shareware (which you don't, apparently) THEN DON'T
<HANDLE THE STUFF.  Use PD offerings instead. Shareware is an
<alternative to mainline commercial software, NOT free PD software.
<(Of course, if you don't like the product...you're not out anything
<more than some time, and maybe some phone connect charges.)

Ah, you see - I don't have much choice. I get shareware whether I want
it or not. It comes in riding the streams of freeware I get. In some
cases, there's a person who decides to include it. In others, all it
takes is the shareware auther saying "I can reach umpty-ump thousand
people by putting this here!" Is the stuff forced on me? Yes, if I
want the freeware stream it's freeloading on. Worse yet, I have to pay
to get it - whether I use it or not.

You see, the problem isn't that I don't like freeware - the problem is
that the stuff is just software hoarders who don't want to take the
risk involved in marketing a real product (yes, I know - there are
exceptions. But not many). I don't like the _concept_.

<phonibalonica, indeed!

Have a beer and some pretzels :-).

	<mike
--
My feet are set for dancing,				Mike Meyer
Won't you turn your music on.				mwm@berkeley.edu
My heart is like a loaded gun,				ucbvax!mwm
Won't you let the water run.				mwm@ucbjade.BITNET