Path: utzoo!attcan!uunet!husc6!cmcl2!phri!marob!manes
From: manes@marob.MASA.COM (Steve Manes)
Newsgroups: comp.binaries.ibm.pc.d
Subject: Re: Commercial software in comp.binaries.ibm.pc.d
Message-ID: <594@marob.MASA.COM>
Date: 19 Mar 89 13:03:02 GMT
References: <108@VAX1.CC.UAKRON.EDU>
Organization: ESCC  New York City
Lines: 32

From article <108@VAX1.CC.UAKRON.EDU>, by greggt@VAX1.CC.UAKRON.EDU (Gregg F. Thompson):
> 	Why not make it so that the only restriction would be if the poster
> of the program is not the author of the program which requires payment then
> don't post it.
> 	Otherwise the policy should be if it is posted on Usenet it should be
> free to use without restrictions on the use (in the sense of payments).

It doesn't work that way.  Shareware (and derivants) are distinct from
public domain in that the author holds a copyright on his work and the
stipulations on that copyright aren't subject to how the program is
distributed.  If someone gives you a copyrighted, prerecorded cassette
tape you aren't legally absolved from obeying federal copyright laws
concerning duplication and distribution of copies of that tape.  Even
though the tape may not carry an explicit FBI "WARNING! WARNING!" about
duplication it's still illegal and, theoretically, prosecutable. 

This is one of the grey areas in the policy here concerning Shareware
software.  It's all copyrighted and unless the author explicitly
releases the user from the obligation to pay for it, s/he still reserves
the right to demand payment for it's use, whether it be 21-days hence in
a "trial period" or not.  In other words, it's all technically commercial
software unless it has a release with words to the effect, "if you like
this software, money would be appreciated... if not, that's okay too".

This is a dicey one for Rahul to call.  Personally, I think the debate
would be better served by determining what's in the best interests of
the Net users balanced against the overhead suffered by the network
in carrying it.
-- 
Steve Manes            Roxy Recorders, Inc.             Magpie-HQ BBS
UUCP : {rutgers|cmcl2}!hombre!magpie!manes              (212)420-0527
Smail: manes@MASA.COM