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SHR-WARE.DOC
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1992-01-30
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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.
"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 try before you pay for it. This makes
shareware the ultimate in money back guarantees.
======================
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.
How absurd!
Shareware is very different. With Shareware you get to try 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.
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.
Shareware is kept alive by YOUR support!
=================================================
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:
o To inform users about Shareware programs and about
Shareware as a method of distributing and marketing
software.
o To foster a high degree of professionalism among Shareware
authors by setting programming, marketing, and support
standards for ASP members to follow.
o To encourage broader distribution of Shareware through
user groups and disk dealers who agree to identify and
explain the nature of Shareware.
o To assist members in marketing their software.
o To provide a forum through which ASP members may
communicate, share ideas, and learn from each other.
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:
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.
o Members must respond to every registration. At the very
least they must send a receipt for the payment.
o Members must provide technical support for their