Re: [NTLK] Shut the H&ll up, already!

From: Eric Strobel (fyzycyst_at_comcast.net)
Date: Mon Jun 14 2004 - 19:49:53 PDT


On Jun 14, 2004, at 10:25 PM, Zachery Bir wrote:

> On Jun 14, 2004, at 10:08 PM, James Nichols wrote:
>
>> My apologies to Frank and the list for having to disagree here, but I
>> feel I must:
>>
>> The driver being shareware does not implicitly or explicitly give
>> anyone the right to distribute it in any form. I HAVE seen shareware
>> and demo software with do-not-distribute licenses elsewhere. Heck,
>> I've
>> seen in the EULA's attached to Apple's free downloads statements
>> denying one the right to redistribute the free download, which makes
>> even LESS sense than not wanting a shareware file to be redistributed.
>> That something is free, demo, or shareware does NOT guarantee freedom
>> to redistribute.
>
> Then it's not shareware. There's a reason 'share' is in the name.
>

Wrong! It is not uncommon for a shareware author to restrict
re-distribution, particularly a restriction on including it on CDs for
distribution by some third party. For example, when a magazine
includes a CD w/ shareware on it, they'd best be getting permission
from all the developers or they could be in real trouble. If the
author prefers to only distribute from their own site, they are still
freely SHARING the software with the users for try-out and possible
purchase. That is the real meaning of 'share' in the name -- the
author shares the s/w with you so that you can decide whether to
purchase. It does not and never has meant 'cast the s/w to the four
winds and distribute it anywhere and everywhere in an uncontrolled
manner'. Lastly, even if the meaning of shareware was 'everyone on the
planet can copy and redistribute the s/w at will' this still doesn't
make SELLING unregistered s/w right (or even legal, if there's a
shareware license agreement involved).

- Eric.

-- 
Eric Strobel (fyzycyst_at_NOSPAM^mailaps.org)
=====================================================================
If aviation had grown as slowly as space travel, the first paying
customer would have flown in 1943 -- in the 1,657th expendable Wright
Flyer.
=====================================================================
-- 
This is the NewtonTalk list - http://www.newtontalk.net/ for all inquiries
Official Newton FAQ: http://www.chuma.org/newton/faq/
WikiWikiNewt for all kinds of articles: http://tools.unna.org/wikiwikinewt/


This archive was generated by hypermail 2.1.5 : Mon Jun 14 2004 - 20:30:01 PDT