Path: utzoo!mnetor!uunet!lll-winken!lll-lcc!ames!ll-xn!mit-eddie!killer!dcs!wnp
From: wnp@dcs.UUCP (Wolf N. Paul)
Newsgroups: comp.sys.ibm.pc
Subject: Re: Distribution of shareware for profit without permission
Message-ID: <68@dcs.UUCP>
Date: 29 Apr 88 11:52:39 GMT
References: <16428@cornell.UUCP>
Reply-To: wnp@dcs.UUCP (Wolf N. Paul)
Distribution: comp
Organization: DCS, Dallas, Texas
Lines: 25
Summary: Designating prog. as "Shareware" may well constitute permission

In article <16428@cornell.UUCP> wilk@svax.cs.cornell.edu (Michael Wilk) writes:
 >
 >The "Public (software) Library" is a company that distributes shareware and
 >public domain software for only a few dollars per disk.  In their latest
 >catalog I saw my shareware program listed, but they never contacted me for
 >my permission to do so.  Their description of my program was inadequate,
 >written by someone who knew little about it.
 >While I encourage the distribution of the program I feel a little resentful,
 >especially because their catalog assures one that the programs are included
 >only with the authors' permission.  Does anyone know if what the company
 >did is legal?  My program has the correct copyright notice on the opening
 >screen.

If they only charge a few dollars per disk, they could well argue that they
charge strictly for copying and the cost of the disk, not your program; thus
they are not distributing your program or any other program for profit.

If you designate your program as "Shareware", it probably has a notice in it
somewhere encouraging people to pass on copies -- otherwise the shareware idea
does not work. This constitutes permission for anyone to distribute it.
Unless you have a specific disclaimer prohibiting distribution by companies
or clubs you can probably not prevent groups like this from distributing it.
-- 
Wolf N. Paul * 3387 Sam Rayburn Run * Carrollton TX 75007 * (214) 306-9101
UUCP:     ihnp4!killer!dcs!wnp                 ESL: 62832882
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