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WE GET LETTERS!
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This section is devoted to feedback from shareware authors,
vendors and subscribers to the $HAREWARE MARKETING $YSTEM or
other readers wishing to express their views about the shareware
industry or shareware marketing.
Files or letters to the editor which are over 50K in length and
which are accepted for publication earn a free one year
subscription to the $HAREWARE MARKETING $YSTEM. One free offer
per author. Views expressed do not necessarily reflect those of
SMS and are intended to stimulate discussion about shareware
marketing methods.
Please note that older letters from previous editions of SMS,
many with HIGHLY valuable marketing information, have been moved
to the SMS archives disk. See the GOODIES section of SMS for
information on ordering this archived material.
-----------------------------------------------------------
Information from Diana Gruber, shareware author
(Las Vegas EGA Casino package)
-----------------------------------------------------------
(Editors note: Diana is in the process of forming a new
shareware association of authors, disk vendors and customers
called STAR. The following material provides background on
that effort.)
Shareware Trade Association and Resources
-----------------------------------------
WHAT IS STAR?
STAR is a revolutionary idea in the shareware industry: an
association embracing all members of the shareware community.
Membership in STAR is open to all authors, sysops, vendors,
publishers, distributors and users of shareware. All members of
the shareware community are invited to join in the discussion of
shareware issues and enjoy the benefits of the information and
services provided by STAR.
PURPOSES
1. Education
Educate the software buying public as to what shareware is:
licensed, copyright protected software, with few restrictions on
distribution, and a limited payment-free trial period. Endeavor
to increase public awareness and understanding of shareware as
an attractive software alternative.
Educate shareware authors and vendors about what their
respective rights and responsibilities are.
3. Foster Open Communication
Provide vehicles for discussing issues relating to shareware.
Reasonable efforts will be made to discuss shareware issues
publicly so that all may benefit from the information.
Vehicles for communication will include such things as public
forums and conferences on bulletin boards, echo-mail
conferences, and electronic information services, with the
understanding that as technology changes, efforts will be made
to expand communication channels.
Provide a newsletter for members and nonmembers (in electronic
or other format) to present information as well as opposing
viewpoints, and strive for a balanced presentation of shareware
issues.
4. Marketing Assistance
Provide information for shareware developers and distributors
about what kinds of development and marketing strategies are
most effective.
Understand that shareware exists in the larger software
community, and discuss methods and advantages of marketing
shareware through retail channels and retail software through
shareware channels.
PHILOSOPHY
STAR will promote standards of shareware ethics and quality.
All elements of the shareware community are welcomed. Members
shall not be excluded from STAR because of the size of their
company, the popularity of their products, or the quality of
their product or marketing effort. Successful members are
encouraged to help other members improve products and marketing
strategies.
Members shall not be excluded from STAR based on race, creed,
religion, sex, health, sexual preference, physical appearance or
mental fitness, or any other physical or cultural basis.
STAR will not interfere with the business practices of its
members other than to make suggestions and provide information.
Important policy decisions shall be based on democratic
principles, with developers and distributors both having the
right to vote on policy. A system of checks and balances will
prevent one subset of the membership from imposing policy on
another subset.
Issues will be discussed openly with the understanding that
opposing points of view exist and are beneficial to discussions.
Issues shall be considered separate from club policy, and
regulations based on issues shall be kept to a minimum.
Whenever possible STAR will collect data to facilitate the
discussion of issues.
We will keep current with changing technology and the changing
marketplace and make information available so members can adjust
their programming and marketing strategies accordingly.
Members who violate commonly-accepted standards of ethics and
morality, or who break laws of any community, may have their
business practices subjected to public scrutiny and debate, and
possible censure by the membership.
BENEFITS FOR MEMBERS
(subject to change)
-- Networking with authors, vendors, publishers, sysops and
users
-- Access to current information about shareware technology,
issues, events and marketing
-- Forums for discussing concerns about shareware issues
-- Mailings to distribute disks to vendors, sysops, user groups,
etc.
-- Mailings to distribute information about programs and
shareware developments to the media
-- Discount on Jim Hood's $hareware Marketing $ystem newsletter
and database
-- Discount on hardware, magnetic media and services from the
Organization of Shareware Writers & Distributors
-- Discount on advertising in Shareware Update magazine
-- Much more!
DEFINITIONS
Developer: ---------
Anybody who has ever developed software and given permission for
that software to be copied freely under any limited or unlimited
circumstances, or is in the process of creating such software.
Distributor: -----------
Anybody who provides evaluation copies
of shareware to the public for free or the price of the media
and the service, including vendors who sell shareware through
catalogs and sysops who distribute shareware on bulletin board.
User: ----
Anybody who has evaluated and registered one or more
shareware programs.
(Note: a publisher is anybody who markets and supports software
written by somebody else. A publisher will be considered a
developer if actively involved in the development of the
software he or she is marketing, otherwise the publisher will be
considered a distributor.)
VOTING
Initially there will be two voting classes, and one nonvoting
class:
* Developers (voting)
* Distributors (voting)
* Associate members, including users (non-voting)
Members choose which class they belong to. They can only belong
to one membership class.
Both voting and nonvoting members may fully participate in
discussions of issues. Discussions will be held in public.
While the entire membership may participate in discussions, all
voting will be conducted within each voting class. For example,
authors will vote with the developer class while vendors and
sysops will vote with the distributor class. Policy decisions
require a majority vote within both voting classes. A class may
not establish policy under its own name or that of STAR by
itself.
MEMBERSHIP DUES
Membership dues will be administered on a sliding-fee scale as
determined by a committee. Companies and individuals with a
high annual shareware income pay higher dues than members with a
smaller shareware income. All dues will be administered on a
strictly voluntary basis: members will estimate their own dues
based on published guidelines. All information about dues will
be kept confidential and under no circumstances will members be
asked to provide evidence of their income.
The sliding-fee system of dues has good precedent. The Software
Publishers Association (SPA) administers membership dues in this
way.
FOR MORE INFORMATION
Scott Miller Diana Gruber
Apogee Software Productions Ted Gruber Software
PO Box 476389 P.O. Box 13408
Garland, TX 75047-6389 Las Vegas, NV 89112
702-735-1980 (voice)
702-735-4603 (FAX)
702-796-7134 (BBS)
CompuServe: 72000,1642
-----------------------------------------------------------
Letter from Software USA, disk vendors
-----------------------------------------------------------
SOFTWARE U.S.A.
4845 S. SHERIDAN, #505
P.O. BOX 471883
TULSA, OK 74147-1883
PHONE 918-481-6533
FAX 918-622-7889
Here's a few of our top sellers for February and March 1992.
(In no specific order.)
GAMES AND ENTERTAINMENT
Duke Nukem........................APOGEE SOFTWARE PRODUCTIONS
Battle Ground.....................MVP SOFTWARE
Line Drive Fantasy Baseball.......McS CUSTOM SOFTWARE
McMurphys Mansion.................MARTIN-ART
Pharaos Tomb......................APOGEE SOFTWARE PRODUCTIONS
UTILITIES
Home Managment II.................MVP SOFTWARE
QTax..............................SELF-HELP SOFTWARE
Automate..........................BOYD W. PENN
Vacation Planner..................RV SOFTWARE
A FEW OTHER GOODIES>>>
HDM IV............................MICROFOX COMPANY
Ultimate Geography................ULTIMATE SOFTWARE
JBT Tools.........................JB TECH., INC.
NOTE TO AUTHORS:
If you're interested in having your programs distributed
by a reputable and honest firm, then we encourage you to send
us a disk.
Here's what just a few of our authors have to say...
"I am impressed with your energy and dedication, regarding
the catalog you made up for my programs." John Sehlmeier UT
"It is quite refreshing to see people go through the effort
to check the copyright of shareware products. Of course you
may distribute our shareware products, with our thanks and
blessing." Edward Reasor, Lightwave Consultants FL
"I recently received your shareware catalog on disk and was
very impressed with your selection and the overall quality of
your package." Scott Miller, Apogee Software Productions TX
"Thank you for writing to let us know that you are including
our programs to your shareware catalog. It has been our
experience that most shareware vendors simply add the
programs to their catalog and never notify the author...It is
a pleasure to be associated with a vendor who takes the time
to show this consideration to the shareware author." R.M.
Frawley, McS Custom Software CA
-----------------------------------------------------------
Letter and information from Jim Thompson
-----------------------------------------------------------
Date: 02-Jun-92 16:12 PDT
From: Jim E. Thompson [76050,3445]
Subj: Catalog Update
ATTN: Shareware Authors.
We are presently updating our Shareware Catalog and would
appreciate your mailing us copies of all new and updated
programs you have available to: Jim Thompson, Jim Thompson
Enterprises, 150 S Magnolia Ave Ste 248, Anaheim, CA 92804-2171.
Our phone numbers is (714) 821-5090. We are an ASP approved
vendor and all programs will be distributed per ASP guidelines,
plus any special guidelines you might require.
To encourge author registrations and promote shareware in
general, our next catalog will offer "10" ten FREE disks to any
user who sends us proof of registration (copy of check, credit
card slip, etc) no matter where they obtained the original disk.
This offer includes any registrations made during the past six
months, forward. The only requirement is that the author's
program must be listed in our catalog and the user place a
minimum (5) five disk order ($3.00 ea) with a 1 registration
limit per order. This is addition to any price breaks listed in
the catalog. In addition we will give 5 five FREE disks (under
the above rules) for any user paying the author an update fee.
No matter how small author registration or update fee.
We feel this offer should help to increase your registrations
and updates, so we hope you inform your users that we will send
them a free catalog so they can take advantage of this offer. We
will send you an updated copy of our catalog, so feel free to
pass it along to everyone, since in doing so you should receive
LOTS of additional checks in the mail. We would also appreciate
your feedback and suggestions regarding this offer or any other
ways you feel we might help increase you registrations.
-----------------------------------------------------------
Second Letter and information from Jim Thompson
-----------------------------------------------------------
(Editors note: this is a copy of a message which gives further
clarification of the Thompson Enterprises offer discussed above.
Apparently shareware author Don Strenczewilk requested
clarification of the offer from Jim Thompson who responded as
follows.)
Date: 06-Jun-92 16:02 PDT
From: Jim E. Thompson [76050,3445]
Subj: Catalog Update
Sent To Don Strenczewilk 72617,132 Re: Registration Incentive
Yes, TAPCIS in our catalog. Therefore, we would also be
interested in adding your TAPCIS / CIS add-on program to our
catalog as well. I recently registered TAPCIS (It is not an easy
program to understand) for possible support, and if your program
helps make the use of CIS easier to use I possibly might
personally be interested in it as well.
>>"The only requirement is that the author's program must be
listed in our catalog" (So we can compare the user requests for
Free disks to our author database to determine #1 If the author
is a bon afide author and not just some friend of the user #2
That the user has indeed registered or updated, sent you the
author a check.
To give you an example: we don't care where the user obtained
the program from; the user could have D/L'ed it from CIS, sent
you his registration five months ago, and BY YOU informing him
that if he will send us a copy of his cancelled check or credit
slip (proof of registration) that not only will we send him a
free catalog listing over 2500 shareware disks, we will issue
him a credit to evaluate 10 additional disks of his choice (with
minimum 5 disk order, plus shipping charges and applicable sales
tax on the total 15 disks, we can't give away the sales tax that
may be due) and these 10 FREE disks are in addition to any
volume discounts he might be intitled to per our catalog. Let me
point out, that the main purpose of the 10 Free disk offer is to
encourage users to register the programs they use, AND SEND YOU
THE AUTHOR MONEY!
I personally feel that all authors who will work with me, by
sending our catalog to their user list informing them of the
above offer, can expect to see registrations increase
dramatically! Since we are not placing any minimums on
registration amounts, it's a hard offer to turn down, when by
sending a Shareware author any amount of registration fee ($5.00
for example) that the user would be entitled to get 10 more
disks of shareware programs for free to evaluate. Register one
of the 10 Free programs and get ten more free disks, and on and
on.. Quite an incentive when the blank disks alone are worth the
small amount paid.
This offer is like the famous hamburger offer: "The User CAN
Have It His Way", all he has to do is show us that he has sent
the Author the requested registration fee on any program in our
catalog and request his 10 free disks as per above. The main
point is that the user has sent YOU or some other author MONEY
for their shareware program. If you have any further questions
or suggestions, please contact me.
Jim Thompson
-----------------------------------------------------------
Information from Jeff Napier, Another Company
Author Writer's Dream and Multimedia Workshop
-----------------------------------------------------------
ANOTHER COMPANY
P.O. Box 298
Applegate, OR 97530
USA
503-846-7884
Hello Jim,
Thanks for the ASCII list. I converted it into a format
useable with my own jury-rigged programming, and my wife,
Lynne, is sorting it all out. We'll send you a copy of our
finished selections so you can weed out the tests, then we'll
send disks to the remaining distributors. If we get a
positive response from these distributors, we'll then add
them to our own list (if it's ok with you to do it this way).
It looks like you haven't seen our catalog, so I've
enclosed it. Would you please change Another Company's
listing?
Your SHAREWARE MARKETING SYSTEM has been added. It is
#566a,b, found in the chapter, Something For Everyone, and
also in What's New.
As always, thanks for your wonderful contributions to
the world of shareware.
For those who are wondering what Another Company is doing
exactly: We are concentrating on authoring new programs. We
used to be a serious distributor, but now have reduced the
distribution end of our business, mostly filling orders from
old customers and supplying 20 retail outlets. At this time,
authors who send us disks may find that we only distribute on
average perhaps 200 copies per year per program, so sending
your disks to us may not be profitable. Yet, we really want
to see everything and so invite submissions.
Coming soon: C Magic, an add-in for programmers using
Turbo C ver 1.5 through Borland C++ ver 3.1. It will give the
programmer super-easy-to-create pop-up help windows, dialog
boxes and lightbar menus, full mouse support, built-in
graphics support up to VGA in 256 colors, plus simplification
of many other C programming chores. It will come with a
tutorial for beginners which should make the confusing world
of Borland C easier to understand than ever before! It will
be similar to our Pascal Magic.
Also, I'm considering a Windows 3.1 tutorial and a new
typing game that'll be so much fun, you won't be able to
avoid learning to type faster and more accurately. This game
will be designed so that beginning and advanced typists will
all benefit & have fun! And, of course, our pursuit of the
ultimate multimedia program continues. I've completed the
Multimedia Workshop version 3.1, and won't stop there!
Last comment: I see two waves in shareware. The first
wave is nearly completed and the second wave is just
beginning. The first was the programmers who created
programs - the spreadsheets, the word processors, graphics
programs and more specialized software. The second wave is
the information wave and will be peopled by nearly everybody!
In the second wave, anyone who knows anything will be able to
use the products of the first wave to present their knowledge
electronically. For instance, the glassblower who is
retiring, the calculus teacher, the historian who has made a
interesting discovery, the housewife with great recipes,
they can all make disks using text, multimedia, whatever, and
release them as shareware or freeware. If they can follow up
their first disk with a second offering, perhaps a more
extensive coverage of their subject or a related subject, and
advertise the second non-shareware disks in the first disks,
they might might have brisk mail-order business for their
second, disks! With shareware, there is no longer any reason
to send queries and manuscripts to publishers and hope and
hope and hope...
Perhaps you've heard of coccooning, that futurists are
predicting we'll all stay at home more. This is good,
because we'll use less petroleum resources and have more
comfort at work and at play, while being surrounded by our
loved ones. Sharing electronic information will play an
important role in bringing about this future. Disk-based
conferencing means less travel, and less paper-based waste.
Shareware has already done it for Another Company. Lynne
and I do work at home, and we love it!
Sincerely,
Jeff Napier,
d.b.a. Another Company
-----------------------------------------------------------
First Letter from Org. of Shareware Writers and Dist.
-----------------------------------------------------------
(Editor's note: several shareware authors have asked for more
information about the Organization of Shareware Writers and
Distributors. Recently I received notice that my PC-Learn disk
was selected for review by that group. Reprint of their
notification letter provides more insight about their operation
and may be helpful to other authors curious about this group.)
The Organization of Shareware Writers and Distributors
34395 Dobson Way
Fremont, CA 94555
Voice: 510/796-0541
BBS: 800/982-8650
FAX: 510/796-1010
6/1/92
TO: PC-Learn, Mr. Jim Hood
The organization is pleased to announce thatg PC-Learn has been
selected to be reviewed this month for SoftDISK on disk Monthly
by the Organization of Shareware Writers and Distributors. The
organization has contracted to be the review point for their new
Shareware section. SoftDisk as you may know is a monthly magazine
with a circulation of over 30,000.
Members of our organization will be reviewwing 30 programs each
month, 20 of which will be spotlighted in the new section of ON
DISK. These programs will be reviewed on the basis of their
value to the end user, orginality, use of color and sound.
The six categories for review are education, entertainment,
graphics, utility, productivity and Windows.
The 20 programs spotlighted in ON DISK MONTHLY will be offered
for distribution by SOFTDISK and our organizatiln. This assures
a distribution point guaranteeing virus free, high quality
copying. SOFTDFISK is industry known as a suppller of high
quality products and OSWAD is the distributiion point of other
monthly mailings.
Educational wording will be used to encourage registration and
support the author. SOFTDISK and OSWAD understand the
difference between "free" software and shareware and will
continue our efforts to educate the public
We currently have PC-Learn 5.6. If this is your current version,
please indicate so and return only the release as soon as
possible to ensure review.
Additionally, each month, all 30 programs intitially reviewed
by OSWAD will be highlighted in our monthly magazine for our
distirbutors to review. This we expect will increase the request
for your programs and hopefully your registration percentage.
On the enclosed release, please add the following information to
ensure accurate reporting.
1. Registration fees.
2. Registration benefits.
3. Program requirements.
4. Latest version number.
5. Any additional information we need.
As always, please call if you require further information.
Benjamin Drake and Vance Venable.
-----------------------------------------------------------
Second Letter from Org. of Shareware Writers and Dist.
-----------------------------------------------------------
The Organization of Shareware Writers and Distributors
34395 Dobson Way
Fremont, CA 94555
Voice: 510/796-0541
BBS: 800/982-8650
FAX: 510/796-1010
Jim,
A pleasure taling with you again today. As we briefly discussed
the Organization of Shareware Writers & Distributors, I would
like to point out some facts that authors, distributors and BBS
operators may like to know about us.
Despite the fact that it seems unbelievable to some authors,
OSWAD is a free support mechanism for them to distribute their
shareware. We place no request for money on them and make no
demands on their programs. I have explained to several authors
that "bad" programs are their own reward. We do ask authors to
accept membership in the organization to please advertise
same. Yours is coming.
On the other end, we are building a distributor and BBS network
that allows for good dissemination of new programs and are
working hard to ensure shareware distributors help educate the
public that they sell to. We use educational wording on
packaging, etc to promote payment.
As information, I believe shareware will either dry up or
change form to something less obtainable if registrtation
numbers fall too low. We have adopted a saying "PAYMENT PROMOTES
PRODUCT," and belive it to be true.
Authors should send programs with a release for our organization
to distribute ($5.00 suggested) to our address listed above.
Authors are encouraged to call Vance Venable or Ben Drake at our
number listed above and let us know what they want us to evolve
into for them. We want to make authors and distributors both
happy. Also, our public BBS service has quesiton #5 set aside
for anyone who wants to know more about us. The number is
510/796-1010. This is a semi-open BBS and will allow the caller
to fill out a questionnaire to allow us to make contact.
Current authors services include: a complete registration center
for their programs that saves them time to do the fun things in
life, bulk disk copying service and a distribution service for
regular monthly mailings.
Distributors and BBS operators should make contact in either of
the above three ways. We have membership plans to satisfy most
needs and will be able to modify that plan if required.
Thanks for your information and help. Hope to see you at SSS.
Benjamin Drake
OSWAD
-----------------------------------------------------------
Letter from Alan McCrea
-----------------------------------------------------------
McCrea Automation
11130 Olympic Road
Richmond, VA 23235
804/320-3829
5/20/92
Dear Mr. Hood,
You indicate that you appreciate feedback about the various
distributors in your database. I recently requested catalogs and
information on submitting programs for distribution from
practically all of your A-rated distributors and was appalled to
find how many of them sinply ignore potential customers!
Of the 66 I contacted (by phone if toll-free, by postcard
otherwise) during February and early March of 1992, I received
no response whatsoever from the following:
Sho-tronix, Phoenix, AZ
Cross-roads shareware, Alvin, TX
Soft A'Ware, San Diego, CA (Phone chat 2/18/92 with Mr. Van
Valkenburg who promised but never sent a catalog)
Useful Software Library, West Palm Beach, FL
Best Bits and Bytes, Van Nuys, CA
Save on Software, Wilkes Barre, PA
Williams Software, Kokomo, IN
Bright Futures, East Windsor, CT
Bonware, McAlisterville, PA
The Software Labs, Los Angeles, CA
PD Select, Gastonia, NC
PC-SIG, Sunnyvale, CA
First Bank of Shareware, St. Paul, MN
People's Choice, Cordova, TN
Gemini Marketing, Duvall, WA
Generic Systems, Hayward, CA
Jim Thompson Enterprises, Anaheim, CA
New England Software Library, Starksboro, VT
Datamax Intl/City Software, Colo Springs, CO
Elite Shareware Labs, Staunton, VA
Entrepreneurs Shareware, Friendship, TX
That is only a 68% response rate! Isn't it interesting to hear
businesses complaining about the recession while, at the same
time, avoiding gaining customers?
Alan F. McCrea
-----------------------------------------------------------
Letter from Charles Kramer
-----------------------------------------------------------
Date: 13-May-92 17:54 PDT
From: Charles B. Kramer, Esq. [72600,2026]
Subj: Shareware Document Registry
Jim,
Diana mentioned that you are hoping to find the text of Copyright
Office Rule @201.26.
Here it is. First is my explanation of it, next is the Copyright
Office's explanation of it, and lastly is the Rule itself.
Incidentally, I don't know where you quoted this statement from:
One favorable result for our industry is that by keeping a
license on file with the Copyright office, the defense of
"innocent infringement" is denied to a corporate or
individual shareware user who later claims that "they were
not aware of a license or limitation of use" since they
obtained an allegedly hacked or damaged copy of the
shareware devoid of licensing restrictions.
Unfortunately, it's not true. The best that can be said is "one
favorable result for the industry *may* be...." that the innocent
infringement defense would fail. In creating the @201.26 Shareware
Document Registry, the Copyright Office made clear:
"The legal effect of recording a document in the Computer
Shareware Registry is at the discretion of the courts."
FWIW, in the July BBS CALLERS DIGEST my column discusses BBSs and
Shareware. I'll be happy to send you a copy, if you like. And
feel free to quote, repost, etc. the following.
- Charles
FROM AN ARTICLE BY CHARLES KRAMER
The Copyright Office permits the recordation of signed
documents "pertaining to copyrights", which include copyright
assignments, employment and independent contractor agreements
(if they specify who will own the copyright in software the
employee or contractor writes), and wills (if they specify who
will own a copyright upon someone's death). Circular 12 from
the Copyright Office explains the procedure and some of the
benefits derived from recording such documents.
The Copyright Office's procedure for recording signed
documents pertaining to copyrights generally doesn't apply to
shareware documents since shareware documents are typically not
signed.
"Shareware", in the view of the Copyright Office, is
"copyrighted software which is distributed for the
purpose of testing and review... subject to the
condition that payment to the copyright owner is
required after a person who has secured a copy decides
to use the software."
In October 1991, the Copyright Office created a separate
procedure for recording documents pertaining to shareware. In
the words of the Copyright Office,
"Recordation in this Registry will establish a public
record of licenses or other legal documents governing the
relationship between copyright owners of computer share-
ware and persons associated with the dissemination or
other use of computer shareware.... The legal effect of
recording a document in the Computer Shareware Registry is
at the discretion of the courts."
The documents that can be recorded under this procedure are
those, like the "license.doc" files that often accompany share-
ware, which govern "the legal relationship between owners of
computer shareware and persons associated with the dissemina-
tion or other use of computer shareware". Recording shareware
related documents is not a substitute for registering the
copyright in the shareware program itself, which should be done
using the same procedures by which the copyright in other
computer programs are registered.
COPYRIGHT OFFICE RULE @201.26 -and- the COPYRIGHT OFFICE
RELEASE WHICH ANNOUNCED AND EXPLAINED THE RULE
Copyright Office Agency: Copyright Office, Library of
Congress.
37 CFR Part 201 General Provisions -- Registry of Documents
Pertaining to Computer Shareware and the Donation of Public
Domain Software 56 FR 50657
October 8, 1991
ACTION: Interim regulations.
1. Background
On December 1, 1990, the President signed into law the
Judicial Improvements Act of 1990, Public Law 101-650, 104
Stat. 5089 (1990) containing several provisions affecting the
copyright law. Section 805 of that Act authorized the creation
of a registry of documents "designated as pertaining to
computer shareware." In addition, the act authorized the
establishment of a voluntary system of deposit of public
domain computer software for the benefit of the Machine-
Readable Collections Reading Room of the Library of Congress.
Section 805 of the Judicial Improvements Act was not codified
in the copyright law, and therefore the provisions creating
these new systems of records will not be codified in title 17.
The provision authorizing creating of the shareware registry
accompanies several significant copyright amendments affecting
computer software. Most important among these changes was the
creation of a rental right for computer programs.
In considering these substantive changes in the copyright law
with respect to computer programs, a concern was raised that
changes in the law might have an unintended adverse impact on
the shareware industry. Creation of the Computer Shareware
Registry addresses this concern.
Shareware is a descriptive term applying to a unique way of
marketing copyrighted computer programs. Under a shareware
system of marketing, the copyright owner of the computer
program permits wide distribution of disks embodying the
program in order to allow potential users the opportunity for
testing and review. The licensing terms extended to
distributors of the disks vary. If a person who has received a
disk embodying the program decides to use the software, then
that person is required to register the use with the author
and pay a registration fee. Authors obtain their income
through these registration fees, and, in general, the
registration fees are lower than the purchase price for a
similar program through commercial channels.
The shareware system of marketing software is an increasingly
popular way for authors of computer software to enter the
software market. The Computer Shareware Registry is intended
as a means for notifying the public of the licensing terms
applicable to individual programs marketed on a shareware
basis.
2. Nature of the Computer Shareware Registry
With certain minor modifications, the Computer Shareware
Registry is patterned after the Copyright Act's section 205
recordation system, title 17 U.S.C. Only documents clearly
designated as "Documents Pertaining to Computer Shareware"
will be recorded in the Computer Shareware Registry. Documents
not so designated will be treated as section 205 recordations,
even if they involve computer programs marketed on a shareware
basis. The legal effect of recording a document in the
Computer Shareware Registry is at the discretion of the
courts.
The Copyright Office intends to process Computer Shareware
Registry documents in a system separate from ordinary section
205 copyright documents. The catalog records of shareware
documents will not be found by searching the Copyright Office
History Documents (COHD) files.
The creation of the Computer Shareware Registry does not
change fundamental copyright principles applying to
copyrighted computer programs generally. The Copyright Office
strongly urges shareware authors to register their copyright
claims in their programs through the usual procedures. Only
through prompt registration can authors be assured of
statutory damages and attorney's fees under section 412 of
title 17. Participation in the Computer Shareware Registry is
not a substitute for registration of the claim to copyright.
Additionally, documents transferring ownership of the rights
under copyright of programs marketed on a shareware basis
should be recorded under section 205 rather than solely in the
Computer Shareware Registry. For example, if a commercial
publisher purchases the rights under copyright to shareware
program from the author, the document transferring ownership
of rights should be recorded under the section 205 recordation
system. In addition, security interests, wills, and bequests
regarding programs marketed as shareware should be recorded
under section 205. Timely recordation pursuant to 17 U.S.C.
205 is necessary to be assured of constructive notice effect
against a subsequent bona fide purchaser of the same rights.
An author or copyright owner of computer shareware may, of
course, record both under 17 U.S.C. 205 and in the Computer
Shareware Registry by fulfilling the different requirements of
each recordation system and by paying the recording fees of
each.
In order to simplify procedures for the public and the
Copyright Office, the Office is specifying in the regulation
that photocopies of documents or other facsimile reproductions
should be submitted rather than original documents.
Photocopies or facsimile reproductions will not be returned.
If an original document is submitted by mistake, it will not
be returned unless specifically requested by the sender.
The Office also encourages the submission of a machine-
readable copy of the document in ASCII text format on an IBM-
PC compatible disk, in addition to the photocopy or facsimile
reproduction.
3. Donation of Public Domain Software
Copyright is claimed in most computer shareware programs, and
they are subject to mandatory deposit under section 407 of
title 17, U.S.C. if the program is published in the United
States. The law passed by Congress as Public Law 101-650
contains another provision which has the purpose of
encouraging donations of public domain software as a gift to
the collections of the Machine-Readable Collections Reading
Room of the Library of Congress. Persons who believe that
selection of certain public domain software by the Library of
Congress would serve important national preservation purposes
are encouraged to donate software. Whether or not the
software is added to the collections is determined solely by
the Library of Congress. In order to assist the staff of the
Library in evaluating the appropriateness of the deposit for
accession to the collections, we request that as much
information as possible about the software be included in the
submission. The regulations specify the conditions for
acceptance of a donation.
4. Regulatory Flexibility Act
With respect to the Regulatory Flexibility Act, the Copyright
Office takes the position that this Act does not apply to
Copyright Office rulemaking. The Copyright Office is a
department of the Library of Congress, and is a part of the
legislative branch. Neither the Library of Congress nor the
Copyright Office is an "agency" within the meaning of the
Administrative Procedure Act of June 11, 1946, as amended
(Title 5, chapter 5 of the U.S. Code, subchapter II and
chapter 7). The Regulatory Flexibility Act consequently does
not apply to the Copyright Office since that Act affects only
those entities of the Federal Government that are agencies as
defined in the Administrative Procedure Act. n1
n 1 The Copyright Office was not subject to the
Administrative Procedure Act before 1976, and it is now
subject to it only in areas specified by section 701(d) of the
Copyright Act (i.e. "all actions taken by the Register of
Copyrights under this title (17)," except with respect to the
making of copies of copyright deposits). (17 U.S.C. 706(b)).
The Copyright Act does not make the Office an "agency" as defined
in the Administrative Procedure Act. For example, personnel actions
taken by the Office are not subject to APA-FOIA requirement.
Alternatively, if it is later determined by a court of
competent jurisdiction that the Copyright Office is an
"agency" subject to the Regulatory Flexibility Act, the
Register of Copyrights has determined and hereby certifies
that this regulation will have no significant impact on small
businesses.
List of Subjects in 37 CFR Part 201
Computer shareware registry; Computer programs copyright.
Interim Regulations
In consideration of the foregoing, the Copyright Office
amends part 201 of 37 CFR, chapter II in the manner set forth
below.
PART 201 -- [AMENDED]
1. The authority citation for part 201 continues to read as
follows:
Authority: Section 702, 90 Stat. 2541; 17 U.S.C. 702; @ 201.26
is also issued under Public Law 101-650, 104 Stat. 5089,
5136-37.
*****************************************************************
@ 201.26 ITSELF STARTS HERE
*****************************************************************
2. A new @ 201.26 is added as follows:
@ 201.26 Recordation of Documents Pertaining to Computer
Shareware and Donation of Public Domain Computer Software.
(a) General. This section prescribes the procedures for
submission of legal documents pertaining to computer shareware
and the deposit of public domain computer software under
section 805 of Public Law 101-650, 104 Stat. 5089 (1990).
Documents recorded in the Copyright Office under this
regulation will be included in the Computer Shareware
Registry. Recordation in this Registry will establish a public
record of licenses or other legal documents governing the
relationship between copyright owners of computer shareware
and persons associated with the dissemination or other use of
computer shareware. Documents transferring the ownership of
some or all rights under the copyright law of computer
software marketed as shareware and security interests in such
software should be recorded under section 205 of title 17, as
implemented by @ 201.4 of these regulations.
(b) Definitions. (1) The term computer shareware is accorded
its customary meaning within the software industry. In
general, shareware is copyrighted software which is
distributed with relatively few restrictions for the purpose
of testing and review, subject to the condition that payment
to the copyright owner is required after a person who has
secured a copy decides to use the software.
(2) A document designated as pertaining to computer shareware
means licenses or other legal documents governing the
relationship between copyright owners of computer shareware
and persons associated with the dissemination or other use of
computer shareware.
(3) Public domain computer software means software which has
been publicly distributed with an explicit disclaimer of
copyright protection by the copyright owner.
(c) Forms. The Copyright Office does not provide forms for
the use of persons recording documents designated as
pertaining to computer shareware or for the deposit of public
domain computer software.
(d) Recordable Documents. (1) Any document clearly designated
as a "Document Pertaining to Computer Shareware" and which
governs the legal relationship between owners of computer
shareware and persons associated with the dissemination or
other use of computer shareware may be recorded in the
Computer Shareware Registry.
(2) Submitted documents must be a legible photocopy or other
legible facsimile reproduction of a document containing the
signature of the copyright owner of the computer shareware.
Original documents should not be submitted.
(3) The photocopies or facsimile reproductions will not be
returned. If an original document is submitted by mistake, it
will not be returned unless specifically requested by the
sender.
(4) The Copyright Office encourages the submission of a
machine-readable copy of the document in the form of an IBM-PC
compatible disk, in addition to the photocopy or facsimile
reproduction.
(e) Fee. For a document covering no more than one title, the
basic recording fee is $20. An additional charge of $10.00 is
made for each group of not more than 10 titles. For these
purposes the term "title" refers to each computer shareware
program covered by the document.
(f) Date of recordation. The date of recordation is the date
when all of the elements required for recordation, including
the prescribed fee have been received in the Copyright Office.
After recordation of the statement, the sender will receive a
certificate of record from the Copyright Office. The
submission will be retained and filed by the Copyright Office,
and may be destroyed at a later date after preparing suitable
copies, in accordance with usual procedures.
(g) Donation of public domain computer software. (1) Any
person may donate a copy of public domain computer software
for the benefit of the Machine-Readable Collections Reading
Room of the Library of Congress. Decision as to whether any
public domain computer software is suitable for accession to
the collections rests solely with the Library of Congress.
Materials not selected will be disposed of in accordance with
usual procedures, including transfer to other libraries, sale,
or destruction. Donation of public domain software may be made
regardless of whether a document has been recorded pertaining
to the software.
(2) In order to donate public domain software, the following
conditions must be met:
(i) The copy of the public domain software must contain an
explicit disclaimer of copyright protection from the copyright
owner.
(ii) The submission should contain documentation regarding
the software. If the documentation is in machine-readable
form, a print-out of the documentation should be included in
the donation.
(iii) If the public domain software is marketed in a box or
other packaging, the entire work as distributed, including the
packaging, should be deposited.
(iv) If the public domain software is copy protected, two
copies of the software must be submitted.
(3) Donations of public domain software with an accompanying
letter of explanation must be sent to the following address:
Gift Section, Exchange & Gift Division, Library of Congress,
Washington, DC 20540.
Dated: September 23, 1991.
Ralph Oman, Register of Copyrights.
-----------------------------------------------------------------
from Michael Yu, FantasySoft,
-----------------------------------------------------------------
3245 Rocky Water ln, San Jose, CA 95148
Press release from FantasySoft -- SHAREWARE IN ASIA
Shareware is becoming more and more popular in U.S. . But, what
about in Asia? IBM PC compatible are very popular in Hong Kong
and Taiwan. People there have the knowledge of many advanced
computer techniques as well as the news of commercial products.
But "shareware" seems to be a stranger in there mind. During
this christmas, I had done a survey in my home country - Hong
Kong. 326 people ranging from 16 - 55 year-old had been asked
the following questions:
1, Do you know the term "shareware"?
I 'd never heard about that before... ----- 31%
I 'd heard that term before, but I do not understand what it is. ----- 24%
I think it is the same as "freeware", because it said 'share'... ----- 22%
Shareware ... if we like it, this is upon us to register... ----- 19%
Shareware registration is required by law. ----- others
2, Have you ever used shareware before?
May be (I didn't know whether it was shareware or not)... ----- 42%
Yes ----- 53%
No ----- others
3, Have you ever used programs like Virus Scan, Pkzip or Lharc?
Yes ----- 92%
No ----- others
4, How do you like shareware?
They are usually small programs. ----- 47%
They have quite good features. ----- 66%
They usually have poor screens as well as poor graphics. ----- 51%
If they are good, why don't they be distributed as commercial software?!
----- 53%
5, If you know that shareware registration is required by law, will you
register? Why?
>> I won't register... ----- 70% (!)
because:
a, Register to foreign countries like US, UK ... too far away.... Will
the author really send me the registered version? What about
phone support? ----- 71%
b, Registration fee must be in US fund, very inconvenient. ----- 65%
c, Only the foolish guy will register! Who will enforce that law? Hong
Kong is far away from those western countries. How can the author
know that I am using his program without registration? ----- 59%
d, Those programs have no limitation. Is registration necessary for
us? ----- 43%
>> I have considered about that, but at last I gave up ... ----- 24%
Reasons similar to those above.
>> I will register... ----- others
because:
a, We should be honest people... the authors deserve the fees!!!
b, We use it in our company. We don't want to do anything against
law.
(* These people told me that they would register. But I didn't know
whether they would really do it or not... )
6, Have you ever registered before?
Yes ----- 0%
No ----- 100%
7, Have you read the document file provided by the author which is about
to explain the principle of shareware as well as the importance to
register before using the program?
Yes ----- 32%
No ----- others
because:
I didn't need the intructions. Why should I read it? ----- 65%
I didn't know that there were DOC files containing the intructions
as well as the registration information. ----- others
8, Continue from 7,. If Yes, will you read those information carefully?
Yes, because I want to know what it is about... ----- 58%
Yes, because I may consider registering... ----- 4%
No, I only want to read the software instructions. ----- others
From the results, in my opinion, the shareware principle can hardly
work in Hong Kong. Besides the reasons mentioned before, since people
in Hong Kong as well as Taiwan can obtain all kinds of software
(including commercial software) easily by illegal copying, they will
not consider using shareware if registration is required. In Hong
Kong, nearly 80% of the software retail stores are not selling the
original packages, but to copy the software for the customers. The
lowest price of copying one 360k disk can be as low as HK$3
(US$0.40)! They have all kinds of commercial software available:
games like King Quest V, Wing commander, applications like clipper,
paradox, MS-DOS 5.0 ... etc. That means people can copy these
software at very low price, so they won't consider shareware which
requires registration. Moreover, since the average income of people
in Hong Kong and Taiwan are relatively low in compare to those in
USA, UK, and there is no such thing like social security benefit, so
the purchasing power of the people are not high enough to afford the
registration fee of US$15,US$30 or US$45...
Average monthly income per person (lower and middle classes)
in Hong Kong: about HK$6000 ---> US$750
% of lower and middle classes in the total population: above 80%
That's why I am sure that the shareware principle as well as the honor
system can never be success in HONG KONG and TAIWAN.
SO, WHAT CAN WE DO?
CASE STUDY -- Softworld in Taiwan
---------------------------------
A couple of years ago, a lot of game publishers like Sierra, Taito,
Microprose, Origin... found out that the market in Asia was very
attractive. They made agreements with a Taiwan company -- the Softworld to
be their agent in Taiwan. Softworld got their games and created customized
packing with chinese descriptions as well as chinese instruction manuals
for the games. Softworld did the reproduction in Taiwan, so to avoid high
labor cost. Nowadays, the business seems to be successful. Both the game
publishers and Softworld gain a lot. And now, Softworld are going to have
a branch in Thailand. It also has an agent in Hong Kong to sell their
products.
The reasons Softworld can succeed:
1, The price is low enough to beat the illegal copies and to meet the
purchasing power of the customers: from US$5 to US$20.
2, Chinese manual can help users who are weak in English.
FantasySoft is now trying to open the market in Hong Kong and Taiwan
for the REGISTERED VERSION of shareware (I myself will have a trip to
Hong Kong this summer to prepare for this). Our policy will be:
1, The retail price will be lower than the registration price in U.S.,
in order to meet their purchasing power and to beat the illegal copies.
Range from HK$50 (US$6) to HK$250 (US$32).
2, The site licensing price will be the same as those in U.S..
3, We will handle all the reproduction processes. We will promote the
registered version exactly in the way like promoting commercial
software.
4, We have good connections with the large stores which are located in
densily populated shopping area. Large circulation guaranteed!
5, We will not ask for any upfront money from the authors. We will not
pay any 'licensing fees' to the authors. But we are going to share
the profits with the authors. (How to share? We will be glad to hear
from you, as well as your opinions.)
VERY SIMPLE. YOU GRANT US THE EXCLUSIVE RIGHT TO DISTRIBUTE THE REGISTERED
VERSION OF YOUR PROGRAM IN HONG KONG (AND TAIWAN IF POSSIBLE). WE WILL
HANDLE ALL ASPECTS OF THE SALES, AND WE ARE GOING TO SHARE THE PROFITS
WITH YOU.
HONG KONG AND TAIWAN ARE DENSILY POPULATED AREAS. THEY HAVE LARGE
'COMPUTER POPULATIONS'. ALTHOUGH THE PRICE WILL BE RELATIVELY LOW IN
COMPARE TO THOSE IN US AND UK, WE CAN SELL OUT MORE VERY FAST.
For more informaion, fax to us at 408-2704596 or
write to us at:
FANTASYSOFT
OVERSEAS DISTRIBUTION
3245 ROCKY WATER LN,
SAN JOSE, CA 95148, USA.
Authors from UK, Canada or other countries are welcomed.
----------------------------------------------------------------
Press release from FantasySoft -- DAGAZINE
----------------------------------------------------------------
DAGAZINE---SECTION 1
--------------------
Many major vendors can receive hundreds of submissions per week. After
the selection has been made, a lot of authors will be disappointed when
they are notified that their submissions were turned down.
It is hard to determine whether a program is good/suitable for
distribution or not. Different results come from different points of view.
The vendors may turn your submission down due to many reasons, regardless of
the quality. Sometimes you think that your idea can succeed while the
librarians do not.
FantasySoft are now going to help these authors. DAGAZINE, a monthly
disk magazine which will hopefully be published in December, and will be
distributed as shareware and commercial ware, will help you in the following
way:
We will accept all kinds of submission unless your program fails to
meet these requirements:
a, No bugs
b, Will not cause damage to user's hardware
c, Virus-free
d, Will not accidentally destroy the data stored in the hard disk
e, seldom hang the machine
f, has been carried by less than 40 vendors.
or
has not been carried by any vendor before.
Along with your master disk, you MUST include the following
information in an ASCII file:
Program title
Author name
Address
Day phone, evening phone (Fax and Modem number if possible)
Completed written permission (see the end of this press release)
A detailed description of your program
What is the intended user of your program?
Why did you believe that your program can be accepted by the market?
A list of features of your program, each with explanation
A list of functions available in your program
Registration information
ATTENTION: The readers will register directly with you. So, prepare
the registration information precisely.
>> How do we include your program in the DAGAZINE?
CATEGORY I: Programs which have smaller sizes (less than 170k after
compression) will be published in the DAGAZINE directly.
CATEGORY II: Programs which have larger sizes, or which cannot be put
into the DAGAZINE due to space limit, will be put into the
DAGAZINE DISK LIBRARY for our readers to order separately.
( So, remember to send us your shareware disk! )
>> How do we promote your program in the DAGAZINE?
FOR CATEGORY I: We will test the program and check the description to
see whether they match or not. We will write a report* on your program
(may make use of the data from your ASCII file if found valid),
capture some major screens, and then create a detailed review with text
and graphics in DAGAZINE. Normally we will put 4 to 5 programs from
this category into the DAGAZINE everytime.
Once we have desided to put your program into a
specific issue of DAGAZINE, we will contact you at once and ask for
your contribution. Your contribution to DAGAZINE will be US$ 40
(for mailing the master disks of that issue of DAGAZINE to the disk
vendors. We are planning to use the Disk Mailing Service from Shareable
software). No other contribution is needed.
FOR CATEGORY II: We will test the program and check the description to
see whether they match or not. We will write a report* on your program
(and make use of the data from your ASCII file if found valid),
capture some major screens, and then create a detailed review with text
and graphics in DAGAZINE. We will include the review of your
program in the DAGAZINE. We will suggest the readers to order
the trial disk of your program from our DAGAZINE DISK LIBRARY. And if
he/she decide to register with you after trying the trial disk ordered
from us, you MUST give him/her a 20% discount. That is the only
thing you have to contribute to DAGAZINE. No other contribution is
needed.
* The report will be written from our third person point of view, while
your own point will also be listed, in order to present your program in
a much fair way.
FOR MORE INFORMATION / SUBMISSION, SEND THE MATERIAL TO:
FANTASYSOFT, 3245 ROCKY WATER LN, SAN JOSE, CA 95148, USA.
DAGAZINE---section II "Treasure for programmers"
----------------------------------------------------------
If there are some software tools which can facilitate the programming work,
we will be able to spend more time on marketing the program. Tools like
Raster Master, Screen Designer and Turbo Scredit are invaluable to the
shareware authors, while many authors do not know what those tools are.
DAGAZINE will have an 'author oriented' session called
"Treasure for programmers". We hereby request the authors of those kind of
programming tools to send us their disks, in order to support this session.
Again, we will create detailed reports on the tools (remember to send us
your registration information).
DAGAZINE---section III "Shareware gaming world"
----------------------------------------------------------
Reviews on the shareware games available in the market. And if you have
written a new game recently, please send it to us for an introduction
in the "New release forum"!
Also, if you have any hints, clues,or even ideas..., please send them
to us! In return, you will receive free subscription of DAGAZINE!!!
DAGAZINE---section IV, V or VI ... will be announced later...
Everything is URGENT!!! So, please send us your submission to support
D A G A Z I N E !!!
----------------------------------------------------------------
Press release from FantasySoft --- C.A.I. SHAREWARE
----------------------------------------------------------------
FantasySoft is a newly founded software developer. It itself is not a
company, but a small department of a very small media workshop.
We are now presenting the first of our new Computer Aided Instruction
series shareware:
Q b a s e V1.0 s
============================
Who is Qbase for?
Qbase is for teachers who always have to create test papers, quizes
for their students.
What is Qbase for?
Qbase is a program which allows you to enter and store both multiple
choices (you can have 3 to 5 choices in each question) and true/false
questions. It can print out a list of questions stored. Whenever you
want to create a test for the class, just key in the code of the
corresponding questions, and Qbase will print out the test for you!
Qbase also allows you to store the answers of the corresponding
questions and to create a customized header for your test paper.
What makes Qbase different from its competitors?
Nowadays most of the applications in the market can provide a lot of
skillful functions. But at the same time, they become more and more
complicated, and they seem to have too many functions, too many! They
are difficult for those non-computer literate users to use. They may
even make the users scare! In fact, the requirements of the users may be
very simple. What the users demand for is a easy-to-use simple
application which can serve their simple purposes as convenient as
possible. Qbase is designed especially for this kind of users. Users can
make all the choices in the menus. Easy! Simple! Make users comfortable!
No need to memorize any command!
For information, send SASE to : FantasySoft, Qbase inquiry,
3245 Rocky Water Ln,
San Jose, CA 95148, USA
* * * * * * * * *
I believe that C.A.I. software will become our focus in the future.
Both commercial & shareware vendors are welcomed.
Upcoming new "EASY-TO-USE" shareware products from FantasySoft:
>>> Library Master: managing all aspects of the library by your
PC!!!
>>> Qbase for Windows: the Window version of Qbase!!!
>>> Gbase: keep track of the grading of your students. Also allows
the calculation of marks and grades.
----------------------------------------------------------------
Letter from FantasySoft
----------------------------------------------------------------
Dear Mr. Jim Hood,
I'm ashamed that our shareware distribution stuff has been delayed
due to various difficulties. Everything is going on quite well, and
hopefuly the professionally packed shareware disks from FantasySoft will
appear in the racks of many software stores in late November.
I hereby want to say thanks to BOXER SOFTWARE, CONTACT PLUS CORP.,
FLIX PRODUCTION, Mr. JIMHOOD, PROGRESSIVE SOLUTION INC., WILSON
WINDOWWARE, PROMINENCE, DROEGE COMPUTING SERVICE, APOGEE SOFTWARE,
ALCHEMY MINDWORKS, HOOPER INTERNATIONAL and FACTS ONLINE for there
master disks. Thank you! WE CANNOT GURANTEE THAT OUR PROMOTION METHODS
CAN BRING YOU (THE AUTHORS) AND OURSELVES SUCCESS. BUT, WE WILL TRY OUR
BEST TO DO SO.
WHY DON'T PEOPLE BUY SHAREWARE?
-------------------------------
I found out that many computer users do not have incentive to buy
shareware, simply because they thought that:
" 'Shareware' looks and sounds cheap. If they have good quality, they
will certainly be distributed as commercial software."
WHY DON'T PEOPLE KNOW THE ADVANTAGES OF SOME GOOD SHAREWARE PROGRAMS?
---------------------------------------------------------------------
I know that there are a lot of shareware programs available in the
market. Many of them are very good. But, who tells the customers about
the advantages of those programs? In fact, many programs can be 'best
sellers' if there features are being told to the buyers.
Catalog may be a good instrument to present the programs' features to
the customers. But, some distributers are too large in scale that they
have too many titles in there catalogs. Will you take care of a small
introduction to a program which occupys only 1/10 of a page when you
read it? It certainly cannot attract attention from the readers. Just
like a large distributor, it has so many titles to take care of that it
cannot spend time to promote a single title effectively.
WHY ARE THE BEGINNERS AFRAID OF USING SHAREWARE?
------------------------------------------------
Besides, many buyers (especially those beginners) find shareware
difficult to use. How/what to decompress? Where is the 'readme' file?
How to type it out? Which command should I use?
THE MARKETING METHOD OF FANTASYSOFT
-----------------------------------
FantasySoft 's "shareware promotion plan for the top programs"
has the following features:
1, Concentrate on very few titles that have good quality.
2, Each title will be given a customized packing, with detailed
descriptions, so to build up a 'high' image of the program. We are
trying to promote the shareware in the way same as promoting a single
commercial software ( of course we will not print out the manual of
the program ). WE WILL TRY OUR BEST TO DISCOVER AND PRESENT THE
ADVANTAGES OF EACH PROGRAM WE ARE GOING TO DISTRIBUTE!!!
3, Distributed in the racks of the software stores. I know that many
people do not trust the mail order companies.
4, Make everything simple. We do not have high-tech installation
utility to decompress the program. We will only provide a small
batch file to help decompressing the program (many users have trouble
decompressing the compressed programs), with a simple printed
guideline to tell the users which command should be used in order to
decompress the program. We are trying to be more "friendly".
5, To include a short paragraph of printed material in every package
to teach the buyer the principle of shareware , as well as to state
clearly who is the author/copyright owner of the program.
6, Help collecting users' comments on the shareware by giving
discount
on future purchases to those who send us the comments. We'll then send
the comments to the corresponding author, as well as a report on
information like the amount distributed...etc.
" WE CANNOT GUARANTEE THAT OUR PROMOTION METHODS CAN BRING YOU (THE
AUTHORS) AND OURSELVES SUCCESS. BUT, WE WILL TRY OUR BEST TO DO SO. "
THE DIFFICULTIES FANTASYSOFT HAS TO FACE
----------------------------------------
But, as I mentioned before, we have to face a lot of difficulties.
Firstly, we have to spend a lot of time to design customized packing for
each program. Secondly, the cost will be pushed high due to the
'customized packing' and the commission (40% usually) given to the
stores!!! Finally, the most important thing is that we have to make
arrangement with the stores. Many computer stores refuse to sell
shareware, because they thought that shareware is "cheap"! I hope that
our 'customized professional packing' can alter their points of view
towards shareware.
LIMITATIONS ON SHAREWARE PROGRAMS
---------------------------------
Nowadays many shareware authors issue some limitations to their
programs. e.g. Apogee only distribute the first episode of their games
as shareware, Astro (by Chris Noyes) has delays ...etc.
In my opinion, this kind of limitations is absolutely acceptable. The
limitations can never prevent the users from discovering the advantages
of the programs. If I am an honest person, and if I find that program
useful, I will send the registration fee to the author in order to get
the limitation-free version, regardless of whether there are limitations
in the trial disk or not. The limitations will have no negative effect
to the honest users, while they can annoy those who would never
register!
I myself is a shareware author, too. Sometimes I have the feeling
that " If we do not have some protections, we may become the world's
most foolish guys, who work and make money for some of the
distributors."
We have to know that many shareware buyers like to have shareware
with no limitation, and can be used forever without the needs to
register!!! Shareware that have no delay and no limitation are their
favourites. They would like to purchase disks from distributors which
refuse to accept shareware with limitations.
Sometimes I really doubt the aims of some of the distributors which
claim to accept 'limitation-free' and 'delay-free' shareware only. Are
they going to protect the shareware principle? the honest users? or the
dishonest users as well as their own distribution fees? At least I am
sure that they do not tend to protect us, the authors!
I know that the shareware principle works under the honor system
only. But I also believe that the shareware authors can survive only if
the honor system works well!
Enclosed is my new program -- Qbase V1.0s, which is for the school
teachers. Comments on it will be greatly appreciated.
Yours sincerely
Yu Michael
FantasySoft
25th May 92.
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Letter from Software Express
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Blaine Johns
Software Support Specialist
RBJ Software Express
3880 Kiesel Ave
Ogden, UT 84405
801/399-1100, FAX: 801/393-8124
Dear Shareware Author,
I am writing to introduce you to RBJ Software Express and to ask
permission to distribute your shareware products.
At RBJ Software Express we distribute shareware and retail
programs through a retail store front, mail order, and retail
store displays. We are also working with Iomega Corporation
(manufacturer of the Bernoulli Disk and Disk Drive) in
distributing a 90 megabyte shareware and demonstration disk to
each of their new customers. Copies of this 90 megabyte disk
could be sent to over 20,000 computers users within the next
year.
We are always seraching for quality shareware programs to
feature on this disk as well as to distribvute through our mail
order catalogs and retail outlets. If you would like to have
any of your shareware programs considered for distribution
with our company, please submit a master disk of your program(s)
and a permission to distribute letter (your own letter or you
may use the form provided) to our address above.
Our catalog will be going to print on May 26, 1992. I would
appreciate having your permission to distribute forms and your
master disk in our store by May 20, 1992 to be considered for
the Summer/Fall catalog.
Since we are always updating and adding to our catalog and
displays, we would appreciate it if you would also add our name
to your mailing list and when you have an update or a new
program to distribute, please send us a copy as soon as
possible. If you have any questions, feel free to call between
10AM to 7PM Mountain Standard Time.
Blain Johns
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Letter from PC Software Publishing
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Mr. Lee Kim Hye, General Manager
PC Software Publishing
372-K Lorong 1, Hilir Garden
Ujong Pasir, Melaka 75050
Malaysia
Dear Shareware Professionals and Friends,
Greetings. Allow me to introduce ourselves. PC Software
Publishing is an Associate Member and approved vendor of the
Association of Shareware Professionals in good standing since
June 1991.
PC Sofware Publishing is also a wholly-owned subsidiary of Lee
Consolidatred Investments Sdn Bhd (also known as LCI Sdn Bhd) an
investment company in several fiedls such as engineering and
construction, office equipment & peripherals, printing (computer
forms) and desktop publishing. Total investments in LCI Sdn Bhd
is close to US $2 million with an annual turnover of over US $6
million for the year ending December 1991. PC Software
Publishing was incorporated to meet the increasing needs for
computer sofwtware targeted at middle and lower income groups.
We also distribute commercially marketed software to meet
various needs of individuals and coprorate users. Our four
strategic outlets in Kuala Lumpur, Penang, Melaka and Johor
Bahru provide sales and sofware support to our customers
throughout this country. Each store has a minimum display area
of about 1,500 sq ft. and is run by at least 6 sales personnel
per store, excluding the Retail Manager. We are also the biggest
distributor in terms of disk sales for this region. Our business
expansion plans include opening outlets in Singapore and
Indonesia as we are now receiving inquiries from users in these
coutnries. We are currently looking for suitable local partners
in these countries.
The shareware disks are sold for only M$2.50 (US$1.00 equals
M$2.55). and we make it clear to our customers that the disks
purchased are subject to a nominal registration fee if the
software is used after the trial period. This notice is clearly
printed on the disk cover and labels. After the trial period our
PR department will contact our customers to get feedback on
whether the software is useful and if they intend to use it
further. We also encourage them to send the registration fee to
the author directly to compensate the author for the effort
involved in writing the program. This small reminder on our part
does help to get registrations for your software. It also
indirectly helps to promote the concept of shareware.
Currently we do not provide registration services as it means
setting up another department to account for your registrations.
We will however consider it if there are sufficient authors who
want this service or if we are paid a nominal commission for
collecting and remitting you your registrations.
I personally believe all software has a place in our library. I
know a lot of time has been put to writing these programs and
your effort is wasted if your distribution channel is limited to
only your local market. A diversified market will also protect
your work and income (possible the only source of income)
against recession and market saturation. While other parts of
the world are experiencing a major recession with some big
companies going through Chapter 11 proceedings, this region has
been experiencing a favorable growth rate of more tha 8% with
billions of dollars of off-shore investments from Japan, South
Korea, Taiwan, the USA and EC nations. This acts as an insurance
cover for you providing more secure and stable sales and also
acts as a second line of defense against economic uncertainties.
Generally, the Malaysian computer user is asware of the quality
of software which is marketed through shareware channels. We
advertise quite extensively and we can bundle your software with
the computers sold by our outlets. Of course we have to explain
to our customers the concept of shareware and their obligations
to register if they continue to use your programs.
PC Computing has also included PC Software Publishing in their
latest publication on shareware and we have received numerous
inquiries from others in this region (including queries from
neighboring countries) regarding shareware software. This is
great advertisng for both of us.
If you are interested in sending us your software, kindlly read
our submission and distrubtion policy. This will help us reduce
unneccesary costs on both sides.
I can personally assure you that your software will always have
a place in our library. Do keep in touch with us should you move
to a different location. Sometimes it is quite difficult to
locate an author who has moved without giving their new
forwarding address. Some of our customers have complained
regarding undelivered mail. You could lose your chance of
registrration should you fail to keep us informed about your
whereabouts.
Finally, thank you for your support and we look forward to
mutually beneficial business together. I'm sure with our
corporate background and financial strength, your alliance with
us will be a frutiful one. Do drop us a note if you are not
interested and we will permanently delete your name and address
from our database.
Submission Policy:
1. Software submission is invited from all software authors to
place their software in our software library.
2. Please send us your latest version of the program. If you
have released a newer version or newer program, kindly send the
programs promptly so that our library can be updated.
3. Your program must not be crippled or copy protected in any
way.
4. Where possible include a short description (restricted to
about 100 words) about your program (preferrably in the file
DESCRIBE.DOC). This is important as it will be printed on the
disk cover. A nicely worded description often helps to sell your
software. We could do a short write-up for you, but nobody knows
better than the author himself. We could mess things up instead
of helping.
5. Please give us credit for distriubting your product. A short
note in VENDOR.DOC to say that you have given us permission to
distribute your software will suffice.
6. In order to save costs for both of us, kindly observe the
following:
a. Submit your programs on 3.5 inch diskettes - use 1.44MB
diskettes if your program does not fit into a 720K diskette. We
can process diskettes from 360K to 1.44 MB disk format. The
reason why we require you to send us your program on 3.5 inch
disk format is because the 3.5 inch format is more durable than
the 5.25 inch disk. The hard plastic cover of the 3.5 inch disks
more than offsets the costs involved. We have receivd badly
damaged disks before and it is a real waste of effort and time.
Most of these disks cannot be recovered as physical damage has
already been done. If we receive a bad disk, it will cost you
additional postage to send us a replacement disk. It also means
a loss of time to get your product into the market. For just a
few cents extra, it will save both of us a lot of agony.
b. If you have sevceral programs which you want us to
distribute, please compress the programs into archives (use
standard conventions such as LHA or PKZIP and try to fit the
archives into a single disk. Use 1.44 MD disk to reduce the
number of disks and additional postage. We will extract your
programs as per your instructions onto a standard 360K diskette.
c. If there is ample space on your disk, you may want to share
the disk will your colleagues for firends, who may want to
submit their work to us. This will make efficient use of the
disk space and indireclty helps to reduce your cost. Please
include a short note to tell us that there are other programs
which do not belong to you. If required, we will contact the
respective authors to obtain their approval to distribute their
softwarre. The programs will be extracted to separate 360K
diskettes unless otherwise stated.
d. You may use an ordinary envelope and secure the edges of the
envelope with cellophane tape. This eliminates the use of floppy
disk mailers.
e. Postage cost for a single 3.5 inch diskette is about US$1.34
by airmail if posted in the USA using an ordinary envelope. It
might be higher if you're using a floppy disk mailer due to the
extra weight of packing material. It takes roughly about 7 to 9
working days for your mail to be forwarded and we will send you
a card to acknowledge receipt of your package. Your total cost
for a single submission is about US$2.50 (inclusive of a 3.5
inch diskette) which is a real bargain to get into the Far East
Market.
f. Wherever possible, please send the package WITHOUT the
customs declaration form (PS form 2976). This saves us valuable
time and money as we do not have to go to our customs department
which is lcoated about 150 KM from our main adminstrative
office. If it is unavoidable, please declare only the cost of
the media involved. Please do not declare the value based on
your registraton fees. We will have to incur import tax (15.5%)
on the value of product and shipping. This can be quite
substantial after converting to our local currency, and
certainly we will reject the package.
g. Some authors require us to sign a distribution license
agreement. We will be happy to enter into an agreement with you
if this requirement is a pre-requisite. In order to save time,
please sumbit your distribution license agreement together with
your software. We will send back the complete agreement within 7
(seven) days after receiving your package.
h. All submissions must be addressed to the address at the top
of this letter.
Distribution Policy
1. Programs are distributed on 360K disks.
2. Your programs will not be bundled with other programs in
similar category or in competing nature even though there is
space on the disk except if specifically permitted by you in
writing.
3. Disks are sold at M$2.50 (less than US$1.00.)
4. Only the latest veersion will be made available immediately
to our customers. Older versions will be removed from our
shelves and replaced with the newer version with one (1) week of
receipt of your software.
5. Printed documentation will not be packaged with the disks.
6. Each program will be packaged in a sealed colorful diskette
cover made of hard board and shrink-wrapped to give an
attractive and professional finish. A short description of the
program will be attached on the front side of the cover to
advertise your software. Obligation to pay for the softrware
will be printed on the disk labels and at the back of the disk
cover.
7. Sufficient notice must be given if you decide to withdraw
your programs from the market. All distribution and master disks
will be removed and destroyed within 30 days of receipt of your
notice of withdrawal.
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Please note that older letters from previous editions of SMS,
many with HIGHLY valuable marketing information, have been moved
to the SMS archives disk. See the GOODIES section of SMS for
information on ordering this archived material.
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