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1994-06-28
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"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. 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.
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!