Path: utzoo!utgpu!jarvis.csri.toronto.edu!mailrus!csd4.milw.wisc.edu!bionet!ig!ames!pasteur!ucbvax!tut.cis.ohio-state.edu!rutgers!att!cbnews!cbema!las From: cbema!las@cbnews.ATT.COM (cbema!las) Newsgroups: comp.binaries.ibm.pc.d Subject: Re: Shareware liscenses Message-ID: <5179@cbnews.ATT.COM> Date: 28 Mar 89 18:06:55 GMT References: <2214@hoqax.UUCP> <600@marob.MASA.COM> Reply-To: cbema!las@cbnews.ATT.COM (Larry A. Shurr) Organization: AT&T Bell Laboratories, Columbus, OH (actually an AGS consultant) Lines: 74 In article <600@marob.MASA.COM> manes@marob.MASA.COM (Steve Manes) writes: }From article <2214@hoqax.UUCP>, by twb@hoqax.UUCP (T.W. Beattie): }} The discussion of shareware liscense agreements seems to assume that people }} actually read the request for payment frequently buried in a file somewhere. }} I don't see how these requests can be considered legally binding since there }} is no way to insure that a person has even seen them. }A copyright is a copyright. Buried in the fine print of a }commercially-distributed phonograph record, CD or prerecorded cassette }is the statement "Unauthorized duplication is a violation of applicable }laws". Most people won't even see/bother to read this either. }Nevertheless, record and tape piracy is a prosecutable criminal offense. This reminds me of a short film seen on Showtime last year. It was called something like _Video Pirates_ and portrayed some cartoon pirates "pirating" video tapes. When the FBI WARNING! appears at the beginning of the tape, the cartoon pirates say: "Oooooohhhhhh! We're scared!" :-) (Note the smiley, I'm not advocating piracy here, but trumpting dire threats and metaphorically pounding one's chest does not deal with the real issues). }All that's needed is the statement. If it's legal, it's enforceable. O.K. Publish your fabulous XYZZY program as shareware. Then locate some individual who has not paid the mandatory registration fee (oh what the heck, make a list of everyone you can find). Now go to your nearby U.S. Attorney and demand that they be prosecuted. You may be 1) laughed at, 2) receive an explanation about the necessity of measuring their annual budget against the "importance" of the crime, 3) given some kind of run-around, or 4) something else. What you will surely not get is the action you request. Of course, you can still sue them. So go to your attorney. Of course you remembered to register your copyright first so that you can recover treble damages. Tell your attorney that you want to sue. Your attorney will tell you that you can't afford it. The potential recovery is too small to even pay your attorney for his/her time. You might even lose for various reasons. I'm still not advocating piracy, but I think the hardline approach gets nowhere. It might even plausibly be argued that an individual might not have understood the provisions of the liscense or even that the liscense requirements as applied to an individual who received your software essentially for free are not as absolute as you say. You might not win the argument, but you can make the argument - anything is up for argu- ment in the United States' system of jurisprudence though many things are so well established by precedent that you'd be wasting your time. }If you don't bother to look for a copyright notice, does that imply your }right to repackage the program, change the name and resell it? Ah well! Now you may begin to get the cooperation of the U.S. Attorney and the interest of your own attorney - maybe. Stealing and reselling or even redistributing for free are much better defined in precedent. The still recent confrontation between SEA and PKWARE is a pretty good example. Phil Katz became willing to settle after SEA received evidence that PKWARE was selling/distributing products infringing SEA's copy- rights. }} Some software display a request for payment on a start-up screen. }} I suspect these programs quickly fade into obscurity. }Sure. Like those obscure Shareware programs, PC-WRITE and PROCOMM. Indeed, I should have something so "obscure" to my credit. Repeating - I don't advocate piracy. I advocate paying for worthwhile software and throwing crummy software away, but making unenforcible and possibly invalid threats won't help shareware authors or the net. regards, Larry -- Signed: Larry A. Shurr (att!cbnews!cbema!las or osu-cis!apr!las) Clever signature, Wonderful wit, Outdo the others, Be a big hit! - Burma Shave (With apologies to the real thing. The above represents my views only.)