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- Path: sparky!uunet!sun-barr!ames!claris!outpost.SF-Bay.org!peirce
- From: peirce@outpost.SF-Bay.org (Michael Peirce)
- Newsgroups: comp.sys.mac.programmer
- Subject: Re: Shareware legality question
- Message-ID: <D2150035.cg06ro@outpost.SF-Bay.org>
- Date: 1 Sep 92 01:01:16 GMT
- Reply-To: peirce@outpost.SF-Bay.org (Michael Peirce)
- Distribution: comp.sys.mac.programmer
- Organization: Peirce Software
- Lines: 55
- X-Mailer: uAccess - Macintosh Release: 1.5v4
-
-
- In article <MHALL.92Aug31154347@occs.cs.oberlin.edu> (comp.sys.mac.programmer), mhall@occs.cs.oberlin.edu (Matthew Hall) writes:
- >
- > Hello-
- >
- > I submitted a shareware copyrighted program to sumex-aim. In the
- > README file I included a line that read <Public domain houses, such as
- > Educorp, must contact me before distributing this program>. I guess I
- > aint no legal wizard, and I should have worded that more carefully.
- >
- > A few months later, I recieved a letter and a complimentary CD-ROM
- > from NAUTILUS saying that they had published my program on the disc.
- > Now there are several reasons I would like to have been asked
- > beforehand.
- > First, the program is going commercial, and I would like to have put a
- > demo version of the new program on instead.
- > Second, I would like to have made the shareware fee plea a little
- > stronger, since people who buy disks from these places think that they
- > do not need to pay my fee.
- > Third, I feel I have the right to ask for a fee from them. A CD-ROM
- > is actually pretty hefty, but since I do not have a drive, To me, its
- > utterly useless.
- > And last, I just plain asked to know beforehand, and they should have
- > asked.
- >
- > Do I have any rights here, or did I goof with my language. Or should
- > I just write a kind/nasty letter explaining to them how I feel. It
- > disturbs me a little that these people are using my program to make a
- > profit (not, of course, that people are buying the NAUTILUS CD in
- > droves because of it, but still) Does anybody have a similar
- > experience?
-
- I don't really understand this reasoning. I love it when these places
- put my shareware on their disks. Their customers *do* pay for shareware
- - though at about the same rate as people who get it off the online
- services or BBSes (single digit percentage if that).
-
- How is Nautilus any different than America Online or Compuserve?
- They each make money from their subscribers and they each make shareware
- available.
-
- As to your question, is it really worth money to you to try to bring
- legal action against them. I imagine this would burn up any profits
- you have made from your shareware very quickly!
-
- If you really feel bad, write them that nasty letter and get it off
- your chest.
-
- P.S. AppSizer was just on the Nautilus CD last month - and I'm happy
- about it.
-
- -- Michael Peirce -- peirce@outpost.SF-Bay.org
- -- Peirce Software -- Suite 301, 719 Hibiscus Place
- -- -- San Jose, California USA 95117
- -- Makers of... -- voice: (408) 244-6554 fax: (408) 244-6882
- -- SMOOTHIE -- AppleLink: peirce & America Online: AFC Peirce
-