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- Shareware Developers Fight Court
- Battle Over Copyright Infringement
-
- Milwaukee - Two tiny developers of "shareware" are fighting in
- court over alleged copyright infringement.
- System Enhancement Associates Inc. (SEA) claims that PKWare
- INc. copied an SEA shareware program to use in its own shareware
- offering. SEA has filed suit in U.S. District Court here.
- The suit points out the growing commercial success of
- shareware, software that developers distribute freely on
- electronic bulletin boards and ask that users send them a
- payment.
- Most shareware companies are small operations with few
- employees, often run from a developer's home. In the last two
- years, a handful of shareware companies have grown large enough
- to rival commercial developers. The overall shareware market has
- expanded from approximately $5 million to about $15 million,
- according to Marshall Magee, president of the Association of
- Shareware Professionals, an industry group based in Norcross, Ga.
- With the growth have come squabbles over ownership of
- programs, perhaps inevitable in an industry where developers make
- their source code available to millions of users across the
- country.
- Users can copy shareware, Mr. Magee said. But users can't
- resell a shareware program they've copied or use part of a copied
- program in their own shareware offerings, he explained.
- In SEA vs. PKWare, SEA officials claim PKWare copied one of
- its programs in two of its commercial products.
- Two archive utilities that PKWare sells, called PKARC and
- PKXARC, are at the center of the controversy. An archive utility
- compresses data files so they can be stored in less space and
- transmitted more quickly over phone lines.
- SEA, of Fort Wayne, N.J., sells an archive utility called
- ARC. SEA claims PKARC and PKXARC violates both the trademark on
- its product's name and the copyrights on the product's appearance
- and user interface.
- SEA released its product in 1985. PKWare started selling its
- products in 1986.
- Last December, SEA asked PKWare to pay licensing fees on
- PKARC and PKXARC. PKWare refused.
- Philip Katz, the president of PKWare, a four-employee
- company that he runs from his Glendale, Wis., home, denied
- copying SEA's software. Mr. Katz claimed his products have more
- features than SEA's product.
- SEA president Thom Henderson wouldn't comment on the
- lawsuit, nor would his lawyer.
- PKWare's Mr. Katz said he worries about the effect of the
- suit on his business. "We're a small company. Any kind of
- litigation is a drain," he said.
-
- -By Daniel J. Lyons
- PCWEEK (May 31, 1988)