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1990-09-22
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What Is Shareware?
This file will help you understand what shareware is and how the
"shareware system" works. It was written by the Association of
Shareware Professionals (ASP -- a professional association of
shareware authors) at the request of the Shareware Distribution
Network.
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, P.O. Box 5786, Bellevue, WA 98006. You can also contact the
Ombudsman on CompuServe via an EasyPlex (electronic mail) message
to 70007,3536.