DP Tool Club 8/CDASC08.ISO/VRAC/CSCOP110.ZIP/SHR_WARE.DOC

Text File | 1993-04-15 | 12.9 KB | 260 lines

                              SHAREWARE
                              =========

      (based on a document prepared by Bob Falk of Falk Data Systems)

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.

"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 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.

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.

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 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.

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.

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.

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.

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 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.

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!

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 products for
       at least 90 days from the date of registration.

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.

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:

             ASP Executive Director
             545 Grover Road
             Muskegon, MI  49442-9427
             U.S.A.

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 [phone].