Xref: utzoo comp.sys.amiga:13745 comp.sys.misc:1063 comp.sys.ibm.pc:11164 comp.sys.mac:11734
Path: utzoo!mnetor!uunet!husc6!bbn!uwmcsd1!ig!agate!eris!mwm
From: mwm@eris (Mike (My watch has windows) Meyer)
Newsgroups: comp.sys.amiga,comp.sys.misc,comp.sys.ibm.pc,comp.sys.mac
Subject: Re: Shareware & Honesty (really: unsolicited?)
Message-ID: <6746@agate.BERKELEY.EDU>
Date: 28 Jan 88 09:58:24 GMT
References: <2422@crash.cts.com>
Sender: usenet@agate.BERKELEY.EDU
Reply-To: mwm@eris.UUCP (Mike (My watch has windows) Meyer)
Followup-To: comp.sys.misc
Organization: Missionaria Phonibalonica
Lines: 43

[Once again, followups have been pointed to comp.sys.misc ONLY.]

In article <2422@crash.cts.com> rgale@pnet01.cts.com (Ryan Gale) writes:
<holtz@beowulf.ucsd.edu (Fred Holtz) writes:
<>In article <486@sdacs.ucsd.EDU> wade@sdacs.ucsd.EDU (Wade Blomgren) writes:
<>>When was the last time anybody received truly _UNSOLICITED_ shareware?  Do 
<>This only makes sense if the shareware has only been posted by the author to:
<You miss the the point.  It may have been sent unsolicited to the BBS, but

And lots of others, with similar arguments both ways.

As promised, I checked with a lawyer. The gist is simple:

Unsoliticed good sent through the US Mail system are keepable by the
recipient, with no obligation to pay for them.

This law only applies to physical mail. It does *not* apply to things
you get through other media - say, downloaded from a BBS, or over
usenet. So the arguments about whether such are "solicited" or not are
moot.

Likewise, goods you order (like "the next 50 disks from this
library"), knowing you may or will get shareware, are not unsolicited.

On the other hand, 90+% of the shareware floating is done in such a
way that the authers have no legal recourse to extract money from
users who don't pay. The remainder still needs to be tested in court,
but will probably (opinion of one lawyer who hasn't really looked into
it) be found legit.

I plan on posting guidelines on how to make sure your software is in
the "maybe" percentage, instead of the "no way" percentage, hopefully
in the next few days (if I don't make it, it means in the latter half
of February). Unless I get strong opinions either way (by _mail_), I'm
going to post to the multitude of groups again, as such guidelines are
usefull and applicable to them all.

	<mike
--
I know the world is flat.				Mike Meyer
Don't try tell me that it's round.			mwm@berkeley.edu
I know the world stands still.				ucbvax!mwm
Don't try to make it turn around.			mwm@ucbjade.BITNET