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- This file was written by the Association of Shareware Professionals (ASP
- -- a professional association of shareware authors) at the request of
- the Shareware Distribution Network (SDN -- an association of BBS Sysops
- providing reliable distribution of shareware around the world), for the
- express purpose of giving BBS users a better understanding of shareware.
-
- This document is not part of the official notices required for posting
- on ASP Approved BBSs, but please feel free to post it on your BBS to
- help educate your callers.
-
-
-
- What Is Shareware?
-
- You've probably heard the terms "public domain", "freeware",
- "shareware", and others like them. Your favorite board 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, a piece of 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 others 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 on 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. Such programs are sometimes termed
- "freeware", though this term was in fact trademarked by the late Andrew
- Flugelman and the legality of its use by others could be questioned. In
- any case, the fact that a program is free does not mean that 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 out before you pay for it.
-
- Shareware authors use a variety of licensing restrictions on their
- copyrighted works, but most authors who support their software require
- you to pay a "registration fee" -- the purchase price of the software --
- if you continue to use the product after a trial period. Some authors
- indicate a specific trial period after which you must pay this fee;
- others leave the time period open and rely on you to judge when you have
- decided to use the program, and therefore should pay for it.
- Occasionally a shareware author requires registration but does not
- require payment -- this is so-called "$0 shareware".
-
- The shareware system and the continued availability of quality shareware
- products depend on your willingness to register and pay for the
- shareware you use. The registration fees you pay allow authors to
- support and continue to develop their products.
-
- As a software user you benefit from this system because you get to try
- the software and determine whether it meets your needs before you pay
- for it. Authors also benefit because we are able to get our products
- into your hands with little or no expense for advertising and promotion.
- As a result it is not unusual to find shareware products which rival
- retail software that costs several times the amount of the shareware
- registration fee.
-
- ASP members' shareware meets additional quality standards beyond
- ordinary shareware. Our members' programs must be fully functional (not
- crippled, demonstration, or out of date versions); program documentation
- must be complete and must clearly state the registration fee and the
- benefits received when registering; members must provide free mail or
- telephone support for a minimum of three months after registration; and
- members must meet other guidelines which help to insure that you as a
- user receive good value for your money and are dealt with
- professionally. We also provide an Ombudsman program to assist in
- resolving disputes between authors and users. For more information on
- the ASP or to contact the ASP Ombudsman, write to ASP, 545 Grover Road,
- Muskegon, MI 49442. You can also contact the Ombudsman on CompuServe
- via an EasyPlex (electronic mail) message to 70007,3536.