Path: utzoo!utgpu!jarvis.csri.toronto.edu!cs.utexas.edu!uunet!utoday!greenber From: greenber@utoday.UUCP (Ross M. Greenberg) Newsgroups: comp.sources.d Subject: Re: Paying for Shareware (Was: Re: v09i070: newsclip 1.1...) Message-ID: <1235@utoday.UUCP> Date: 12 Feb 90 03:57:54 GMT References: <13986@s.ms.uky.edu> <33975@watmath.waterloo.edu> <2488@cs-spool.calgary.UUCP> <34142@watmath.waterloo.edu> <1990Feb11.164053.27668@robohack.UUCP> Reply-To: greenber@utoday.UUCP (Ross M. Greenberg) Organization: UNIX Today!, Manhasset, NY Lines: 102 woods@robohack.UUCP (Greg A. Woods) writes: > > >Copyright law protects an author from those who would make >un-authorized copies of his work for distribution, and from those who >would claim the work to be their own. Right. The "All Rights Reserved" clause means that all of the rights, even those not specifically mentioned belong with the author. Now, the author may make special consideration and permit persons to copy their creation provided they follow certain guidelines. Could they restrict a person who follows those guidelines because they don;t like the person, or don;t like the person's politics? Probably not. But, unless you follow whatever restrictions the author places on the copying of his or her creation, then you are in violation of their Copy Right. > >Second, and most important in this argument, is the fact that for an >author to protect his copyright, he must make specific and obvious >effort to prevent un-authorized copying of the work. I can't speak for all software authors, but a good percentage of my assistants time is spent going through catalogs of shareware and looking for persons selling my code without my permission. They are contacted and given a choice to sell according to my guidelines, to no longer sell, or be sued over copyright infringement. I have two cases in copyright infringement right now, because they refused to stop selling my code when I requested that they come in line with my copyright restrictions. Most shareware authors I know will do as much to protect their rights, too. > >Everyone on the shareware side of the argument seems to be missing >the meaning of these little points. No, we live with hose points everyday. It's our income, and our business. That's why I get so infruiated when I see somebody saying "Hey! Use that guy's code without paying for it!" > >Shareware seems to be protected only by copyright. Contracts and >licenses do not seem feasible. I.e. the only protection under the law >for shareware authors is copyright. Don't confuse the right to copy with the license to use. The software author owns both and may grant them as they see fit. But, giving out blanket rights on one does not give out blanket rights on the other. They are unrelated with a common intersection only by the author's leave. > >If this is the case, shareware authors appear to be doing the exact >opposite of what the law requires them to do to protect their >copyright. They are making copies of their product freely available, >and encouraging further copying! The only thing left for copyright >law to protect is the ownership of the work and prevent another from >claiming the work to be his own. Most shareware has a statement such as: "You may distribute this shareware in its entirity, but not for commercial gain. If you wish to distribute this software for any fee whatsoever, you must have written permission to do so." This is merely a loosening of the "All Rights Reserved" clause. > >There is one more interesting little point I should make: I would not >dissuade others from supplying service and support for my software in >trade for financial benefit (as per the FSF philosophy). It is my >guess that shareware authors are trying to do just that. They believe >software should be easily available (but not completely free), and >that they should be given the exclusive right to service and support >their own creations. Please correct me if you think I'm wrong. Again, I can;t speak for all shareware authors. In my case, I encourage as many people as possible to try my code out. If they like it, they'll continue to use it. If they continue to use it, they'll make it a part of their normal computing environment. When that occurs, I expect them to pay my $10 registration fee. Other's may not sell my software without my permission, and I will not give that permission to anyone who would sell a disk containing my code for more than $10. However, nothing prohibits them from selling that disk for $10, then offering a service or support contract for $1000/month if someone is so inclined to pay them. For the $10 registration fee they pay me (that is in addition to whatever fee they paid to get the disk containing my code), I provide them with full telephone, E-mail, Snail mail and any other support I can. They get updates, when available, for a discounted fee. What allows me to provide such code and such services for as little as I do is the continued support of some of the ethical people out there. The lack of support by those lacking in the ethics to adhere to my wishes causes me to raise my price. -- Ross M. Greenberg, Technology Editor, UNIX Today! greenber@utoday.UUCP 594 Third Avenue, New York, New York, 10016 Voice:(212)-889-6431 BIX: greenber MCI: greenber CIS: 72461,3212 To subscribe, send mail to circ@utoday.UUCP with "Subject: Request"