Path: utzoo!utgpu!jarvis.csri.toronto.edu!mailrus!tut.cis.ohio-state.edu!ucbvax!pasteur!ames!lll-winken!uunet!yale!spolsky-joel From: spolsky-joel@CS.YALE.EDU (Joel Spolsky) Newsgroups: comp.binaries.ibm.pc.d Subject: Re: Commercial software in comp.binaries.ibm.pc.d Message-ID: <54288@yale-celray.yale.UUCP> Date: 21 Mar 89 03:17:54 GMT References: <6191@bsu-cs.UUCP> <2967@looking.UUCP> <6203@bsu-cs.UUCP> <2971@looking.UUCP> <2987@epimass.EPI.COM> Sender: root@yale.UUCP Reply-To: spolsky-joel@CS.YALE.EDU (Joel Spolsky) Organization: Yale University Computer Science Dept, New Haven CT 06520-2158 Lines: 33 In article <2987@epimass.EPI.COM> jbuck@epimass.EPI.COM (Joe Buck) writes: > >According to US law, if someone mails me unsolicited merchandise along with >a demand for payment, I may disregard the demand for payment and keep the >merchandise and use it as I see fit. Not exactly -- when an offeree (one who is offered goods), with reasonable opportunity to reject services or goods, accepts the benefit of them although the person knows or should know that they are offered with the expectation of compensation, that offeree is obligated to pay for them. (Restatement, Contracts Ch. 72 (1) (a) (1932)) (see also Id. at Ch. 72(2)). In other words, if someone gives you unsolicited goods expecting to be paid for them , you must pay for them or not accept them. The exception is goods received by US Mail which are covered by the Postal Reorganization Act of 1970, which states that if you receive unsolicited goods by mail, you don't have to pay for them and can use them freely. (U.S.C. Par. 3009 (approved Aug. 12, 1970)). Needless to say UseNet is not covered by the Postal reorganization act, and therefore if someone posts Shareware stating clearly that if you want to use it, you have to pay for it, s/he is legally making an offer and you, if you accept it (by using the program), are obliged to pay for it. There should be no question in anyone's mind that if you actively download, uudecode, uncompress, or use a program that explicitly requires consideration you must pay. +----------------+----------------------------------------------------------+ | Joel Spolsky | bitnet: spolsky@yalecs.bitnet uucp: ...!yale!spolsky | | | internet: spolsky@cs.yale.edu voicenet: 203-436-1483 | +----------------+----------------------------------------------------------+ #include