[comp.sys.mac] Shareware Curiousity

hallett@hamlet.steinmetz (Jeff A. Hallett) (01/28/88)

In article <7982@eleazar.Dartmouth.EDU> merchant@eleazar.Dartmouth.EDU (Peter Merchant) writes:
>a) At many collegiate institutions, you buy your personal computer and you
>agree that you will not be using it for business purposes.  So, if I bought my
>Macintosh through the campus computer store, then I bought Lightspeed Pascal
>(or C or whatever) and I wrote this neat program, is it legal for me to charge
>money for it?

No, however, agreements like this are only binding for a specific
period of time.  Note that $hareware is not "business"; you are
providing a program to the community.  The fact that you suggest
people send you $5 or $10, is not business as much as contribution
because they are really getting nothing additional for their money.
It become business if you withhold functionality or documentation,
forwardable only upon receipt of cash payment (Scholar's Aid, for
example). 

Note that people who promise upgrade notices also are not conducting
business unless they don't send updates to public installations.  The
fact that you give them "first-dibs" because they donated is an added
service - telling people that they will not receive updates unless
they register is business because then you are selling the service.

>
>b) At many collegiate institutions, you have "public" Macintoshes (ie, a room
>of Macs set up for people to use.)  If I were to buy a programming language
>and write the same neat program that I wrote above, is it legal for me to
>charge money for it?  Is the college, who owns the machine that I did the work
>on, legally entitled to some percentage of the money that I make?
>

No.  The program you write on a public machine is constructed from
your ideas.  The notion of a public machine is that the machine is
there for the use of anyone, regardless of their purpose.  Where your
ideas are made functional does not matter (except, see below).  Note
that this is different than for (a) because in (a) you are agreeing to
limit what you do.  There is no such limit imposed in (b).  The
college has incurred the cost of making that machine public and it is
technically illegal for them to require moneys in this way due to
their status.

>c) I have a Macintosh sitting on my desk that is owned by my employer.  I
>write that neat program and charge money for it and I get a significant amount
>of money for it, is my employer entitled to some percentage of that money
>because I used their machine for the development, even if the program was not
>developed on the employers time?  The employer did, after all, provide the
>machine, the electricity to run the machine, the heat for the office that the
>machine is in, etcetera, etcetera...

In this case, they are entitled.  However, this is usually company
dependent.  Here at GE, GE is entitled to anything that we write using
company resources.  They may choose to give you sole possession, in
which case they have given up rights to it, but without explicit
consent, they, in fact, have rights to it.  

The difference between (b) and (c) lies in the status of the machine.
In (b), the machine is placed there for "the good of mankind", as a
service.  In a company, the machines are purchased to increase the
productivity of an employee and hence, make the company money.  They
are not purchased to provide a service to the employee.  "What about
work I do off hours?" you ask?  Well, it is the same thing.  You are
still using company resources and if you are not doing work for the
company, you owe them at least part of the rewards you reap (it cost
them money to keep that machine there and you using it).



Jeffrey A. Hallett                     | ARPA: hallett@ge-crd.arpa   
Software Technology Program    	       | UUCP: desdemona!hallett@steinmetz.uucp
GE Corporate Research and Development  | (518) 387-5654
+--------------------------------------+--------------------------------------+
|                            Credo Quia Absurdum Est                          |
+-----------------------------------------------------------------------------+

dwb@apple.UUCP (David W. Berry) (01/29/88)

In article <3622@h.cc.purdue.edu> ac5@h.cc.purdue.edu.UUCP (Rex Bontrager) writes:
>In article <7982@eleazar.Dartmouth.EDU> merchant@eleazar.Dartmouth.EDU (Peter Merchant) writes:
>>c) I have a Macintosh sitting on my desk that is owned by my employer.  I
>>write that neat program and charge money for it and I get a significant amount
>>of money for it, is my employer entitled to some percentage of that money
>>because I used their machine for the development, even if the program was not
>>developed on the employers time?  The employer did, after all, provide the
>>machine, the electricity to run the machine, the heat for the office that the
>>machine is in, etcetera, etcetera...
>
>The discussion from point (b) probably applies here also.  If your 
>employer is friendly and benevolent, they might allow you to have full
>ownership; but that is rare.  It is also rare for them to even allow
>you to use their machines and maintain partial ownership.  The usual
>practice is the same as stated above:  "If you used our resources,
>then we FULLY own the creation."
	Note that this is also very dependent on the employer.  At places
which understand and to some extent, expect their employees to be writing
software, I've found it works something like:

	a)  Software written on their machines and/or time, they own
	fully, although they may be kind enough to waive that ownership
	after the fact.

	b)  Software written on my machine and time, they either own
	outright (rarely) or have some rights to.  Apple retains the
	"right to first refusal" on this stuff.  In otherwords I have
	to take it to apple to see if they want to buy it before I can
	take it elsewheres.

	In case A, the default in lieu of some specific agreement to
the contrary would seem to be that the company owns the stuff.  In case
b, the default would seem to be that I own the stuff.  By the way, this
whole discussion also applies to things like patentable inventions.
-- 
	David W. Berry
	dwb@well.uucp                   dwb@Delphi
	dwb@apple.com                   973-5168@408.MaBell
Disclaimer: Apple doesn't even know I have an opinion and certainly
	wouldn't want if they did.