ASP Advantage 1993/The Association of Shareware Professionals Advantage CD-ROM 1993.iso/files/a_s_iles/bbsapp/sharew.txt

Text File | 1993-04-11 | 6KB | 102 lines

This file was written by the Association of Shareware Professionals (ASP -- a
professional association of shareware authors) at the request of the Shareware
Distribution Network (SDN -- an association of BBS Sysops providing reliable
distribution of shareware around the world), for the express purpose of giving
BBS users a better understanding of shareware.

This document is not part of the official notices required for posting on ASP
Approved BBSs, but we strongly urge that you include it as a system bulletin
for your callers to read. Please feel free to post it on your BBS to help
educate your callers.

If you use this text as a system bulletin, please edit out this upper section,
and post only the portion below the dashed line.
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                          What Is Shareware?

You've probably heard the terms "public domain", "freeware", "shareware", and
others like them.  Your favorite board probably has many programs described by
one or more of these words.  There's a lot of confusion about and between
these terms, but they actually have specific meanings and implications.  Once
you understand them you will have a much easier time navigating the maze of
programs available to you, and understanding what your obligations are, or
aren't, with each type of program.

Let's start with some basic definitions.

"Public domain" has a very specific legal meaning.  It means that the creator
of a work (in this case, a piece of software) who had legal ownership of that
work, has given up ownership and dedicated the work "to the public domain".
Once something is in the public domain, anyone can use it in any way they
choose, and the author has no control over the use and cannot demand payment
for it.

If you find a program which the author has explicitly put into the public
domain you are free to use it however you see fit, without paying for the
right to use it.  But use care -- due to the confusion over the meaning of the
words, programs are often described by others as being "public domain" when in
fact they are shareware or free, copyrighted software.  To be sure a program
is public domain you should look for an explicit statement from the author to
that effect.

"Copyrighted" is the opposite of public domain.  A copyrighted program is one
where the author has asserted his or her legal right to control the program's
use and distribution by placing the legally required copyright notices in the
program and documentation.  The law gives copyright owners broad rights to
restrict how their work is distributed, and provides for penalties for those
who violate these restrictions.

When you find a program which is copyrighted you must use it in accordance
with the copyright owner's restrictions on distribution and payment.  Usually
these are clearly stated in the program documentation.

Maintaining a copyright does not necessarily imply charging a fee, so it is
perfectly possible and legal to have copyrighted programs which are
distributed free of charge.  Such programs are sometimes termed "freeware",
though this term was in fact trademarked by the late Andrew Flugelman and the
legality of its use by others could be questioned.  In any case, the fact that
a program is free does not mean that it is in the public domain -- though this
is a common confusion.

"Shareware" is copyrighted software which is distributed by authors through
bulletin boards, on-line services, disk vendors, and copies passed among
friends.  It is commercial software which you are allowed to try out before
you pay for it.

Shareware authors use a variety of licensing restrictions on their copyrighted
works, but most authors who support their software require you to pay a
"registration fee" -- the purchase price of the software -- if you continue to
use the product after a trial period.  Some authors indicate a specific trial
period after which you must pay this fee; others leave the time period open
and rely on you to judge when you have decided to use the program, and
therefore should pay for it. Occasionally a shareware author requires
registration but does not require payment -- this is so-called "$0 shareware".

The shareware system and the continued availability of quality shareware
products depend on your willingness to register and pay for the shareware you
use.  The registration fees you pay allow authors to support and continue to
develop their products.

As a software user you benefit from this system because you get to try the
software and determine whether it meets your needs before you pay for it.
Authors also benefit because we are able to get our products into your hands
with little or no expense for advertising and promotion. As a result it is not
unusual to find shareware products which rival retail software that costs
several times the amount of the shareware registration fee.

ASP members' shareware meets additional quality standards beyond ordinary
shareware.  Our members' programs must be fully functional (not crippled,
demonstration, or out of date versions); program documentation must be
complete and must clearly state the registration fee and the benefits
received when registering; members must provide free mail or telephone
support for a minimum of three months after registration; and members must
meet other guidelines which help to insure that you as a user receive good
value for your money and are dealt with professionally.  We also provide an
Ombudsman program to assist in resolving disputes between authors and users.
For more information on the ASP or to contact the ASP Ombudsman, write to
ASP, 545 Grover Road, Muskegon, MI USA 49442-9427, or FAX [phone].  You
can also contact the Ombudsman on CompuServe via an electronic mail message
to 70007,3536.