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- SHAREWARE
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- (based on a document prepared by Bob Falk of Falk Data Systems)
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- ____ ____________
- Some Definitions:
- You've probably heard the terms "public domain", "freeware", "shareware",
- and others like them. Your favorite BBS or disk vendor 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, 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 authors 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.
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- "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 regarding 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. The fact that a program is free, however, does
- not mean 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 use and
- evaluate before paying for it. This makes shareware the ultimate in money
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- Shareware
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- back guarantees.
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- ___ _________ ________
- The Shareware Concept:
- Most money back guarantees work like this: You pay for the product and then
- have some period of time to try it out and see whether or not you like it.
- If you don't like it or find that it doesn't do what you need, you return
- it (undamaged) and at some point--which might take months--you get your
- money back. Some software companies won't even let you try their product!
- In order to qualify for a refund, the diskette envelope must have an
- unbroken seal. With these "licensing" agreements, you only qualify for your
- money back if you haven't tried the product.
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- Shareware is very different. With shareware you get to use it for a limited
- time, without spending a penny. You are able to use the software on your
- own system(s), in your own special work environment, with no sales people
- looking over your shoulder. If you decide not to continue using it, you
- throw it away and forget all about it. No paperwork, phone calls, or
- correspondence to waste your valuable time. If you do continue using it,
- then--and only then--do you pay for it.
-
- Shareware is a distribution method, NOT a type of software. Shareware is
- produced by accomplished programmers, just like retail software. There is
- good and bad shareware, just as there is good and bad retail software. The
- primary difference between shareware and retail software is that with
- shareware you know if it's good or bad BEFORE you pay for it.
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- As a software user, you benefit because you get to use the software to
- determine whether it meets your needs before you pay for it, and authors
- benefit because they are able to get their products into your hands without
- the hundreds of thousands of dollars in expenses it takes to launch a
- traditional retail software product. There are many programs on the market
- today which would never have become available without the shareware
- marketing method.
-
- The shareware system and the continued availability of quality shareware
- products depend on your willingness to register and pay for the shareware
- you use. It's the registration fees you pay which allow us to support and
- continue to develop our products.
-
- Please show your support for shareware by registering those programs you
- actually use and by passing them on to others.
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- Shareware is kept alive by YOUR support!
-
- ___ _____ ________
- The Virus Problem:
- We've all heard the horror stories about computer viruses. Unfortunately,
- we have also heard lots of conflicting statistics and opinions. When it
- comes to the virus problem there is a lot of confusion among users and even
- developers.
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- Shareware
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- The sad truth is that some unscrupulous publishers of anti-virus products
- are using half-truths, overdramatizations, and outright fabrication to
- promote sales of their products. They delight in manipulating statistics to
- support their marketing efforts.
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- To make matters worse, the media has frequently promoted the misinformation
- promulgated by these unscrupulous individuals rather than the straight
- facts. While the misinformation may be more interesting than the actual
- facts, the media is not doing the computer industry any favors by spreading
- inaccurate information. To be fair, many newspapers, magazines, and news
- networks are beginning to realize which "virus experts" are reliable and
- which "experts" say whatever is in their own best interest.
-
- A common myth is that BBSs (Bulletin Board Systems) and shareware programs
- are a major source of virus infections. Some corporations are now afraid of
- shareware and BBS activity because of this misinformation.
-
- Let's consider for a moment, the distribution differences between retail
- software and shareware software. Company XYZ releases a new version of its
- retail software product. At the same time company XYZ ships tens of
- thousands of copies to its retail distribution channels, it also ships
- 30,000 updates to loyal users. Most of those loyal users will receive the
- update within a few days of each other. This can be a big problem if the
- update happened to be infected with a virus.
-
- "But it makes sense that programs which are passed around have a greater
- chance of virus infections, doesn't it?" Think about it. Who has the most
- to lose if viruses were spread by BBSs and shareware programs? The BBS
- operators, shareware disk vendors and the shareware authors, of course.
- Because of this, reputable BBS operators, disk vendors and shareware
- authors are very careful with the programs they handle.
-
- Hundreds (even thousands) of BBS operators and disk vendors are carefully
- examining the programs they receive and distribute. Their business depends
- on it. This means that any given shareware program can go through hundreds
- (even thousands) of checkpoints where the program is carefully examined. If
- a problem is found, word spreads incredibly fast. News travels "on the
- wires" even faster than the proverbial small town gossip. Programs have
- disappeared almost overnight as a result of this highly efficient
- communication network.
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- If a shareware program has been around for a few months, it has been
- checked for virii and trojan horses many more times than any retail
- software could hope to be checked. Retail distributors don't check the
- disks they sell. Even if the publisher checks their masters for virii (few
- do), this is still far less than the scrutiny to which shareware programs
- are subjected.
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- Does this mean that we should all start buying shareware instead of retail
- software? Not at all (although few shareware authors would object). Let's
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- Shareware
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- face it, more data has been lost to power failures and spilled cups of
- coffee than all virii, trojan horses, and worms combined! An even bigger
- threat is plain old human error, a mistake, a wrong key press, turning off
- the power while files are open, and so forth. Accurate information and
- common sense (regular backups) are the best defenses against lost data.
-
- Sure, the virus problem is real. Virii exist. But shunning shareware is not
- the answer. Shareware and BBSs are, quite simply, NOT a major source of
- virus infections.
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- Don't let fear stop you from saving money on software. Don't let fear
- prevent you from trying some of the best software available. Shareware is
- an important market for software. Take advantage of it. You'll be glad you
- did!
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- ___ ___________ __ _________ _____________ ______
- The Association of Shareware Professionals (ASP):
- In the early days of shareware there were no real standards. Independent
- authors had no efficient way to learn from each other or to work together
- to improve the overall image of shareware. There was no system in place to
- ensure that users were treated fairly and professionally. There was no way
- for users to find an address for an author who had moved. In short, the
- shareware community was disorganized and each author did things the way he
- or she thought was best. It was clear that if shareware was ever to become
- a viable and respected marketing alternative, there had to be some
- standardization. There had to be some guidelines to best serve the users.
-
- In 1987 a handful of shareware authors founded the Association of Shareware
- Professionals (ASP). In forming this industry association, these shareware
- authors had several primary goals in mind, including:
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- o To inform users about shareware programs and about shareware as a
- method of distributing and marketing software.
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- o To foster a high degree of professionalism among shareware authors by
- setting programming, marketing, and support standards for ASP members
- to follow.
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- o To encourage broader distribution of shareware through user groups and
- disk dealers who agree to identify and explain the nature of shareware.
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- o To assist members in marketing their software.
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- o To provide a forum through which ASP members may communicate, share
- ideas, and learn from each other.
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- The newly formed Association of Shareware Professionals worked together to
- draft a code of ethics for all present and future members. This code of
- ethics included several requirements that soon became very popular among
- users (customers), including:
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- Shareware
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- o A member's program (evaluation version) could not be limited (crippled)
- in any way. In the true spirit of Try-Before-You-Buy, users must be
- able to evaluate all the features in a program before paying the
- registration fee.
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- o Members must respond to every registration. At the very least they must
- send a receipt for the payment.
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- o Members must provide technical support for their products for at least
- 90 days from the date of registration.
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- A new system was put in place to help ensure that users were treated fairly
- and professionally. If a user was unable to resolve a problem with a member
- author then the user could contact the ASP Ombudsman with their complaint.
- The Ombudsman would then try to help resolve the dispute. For more complete
- details regarding the Ombudsman, please refer to the "ASP Ombudsman
- Statement" in the OMBDSMAN.DOC file.
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- ______ _______ ________
- Author Address Changes:
- People move. Forwarding orders expire. What can you do?
-
- "I got a copy of a shareware program written by an ASP Member. I sent in
- the registration fee and the post office returned my letter saying that it
- was undeliverable. Now what do I do?"
-
- If the author has moved then chances are very good that you have an old
- version of the program. This is another situation that the ASP can help you
- to resolve. ASP Members are required to keep the ASP informed of address
- changes. If you need to obtain the current address for a member, simply
- write to the following address:
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- ASP Executive Director
- 545 Grover Road
- Muskegon, MI 49442-9427
- U.S.A.
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- or send a CompuServe message via CompuServe MAIL to ASP Executive Director
- 72050,1433. You may also FAX your request to the ASP Executive Director at
- (616) 788-2765.
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