[comp.sys.mac] Selling of Freeeware/Shareware

boris@ulysses.homer.nj.att.com (Boris Altman) (01/11/87)

I have seen that some companies distribute/sell PD software/shareware
at a price ranging from $3 to $10 for a 400K disk. I thought that the rule
was that you can charge only to cover your cost and postage.
Most users group charge very low price of 50 cents to $1 per disk.
I think if they charge $3 a disk they are making profits and with $10/disk
they have a great profit margin. My question to the net is:

Is this legal?
			Boris Altman
			{ihnp4,ucbvax}!ulysses!boris
			AT&T Bell Labs

cgeiger@ut-ngp.UUCP (01/12/87)

In article <1646@ulysses.homer.nj.att.com>, boris@ulysses.homer.nj.att.com (Boris Altman) writes:
> I have seen that some companies distribute/sell PD software/shareware
> at a price ranging from $3 to $10 for a 400K disk. I thought that the
> rule was that you can charge only to cover your cost and postage.
> Most users group charge very low price of 50 cents to $1 per disk.
> I think if they charge $3 a disk they are making profits and with
> $10/disk they have a great profit margin. My question to the net is:
> 
> Is this legal?

Yes!  What's going on here is that the companies are selling a
service--namely, gathering the software for the users--rather than
selling the software itself.  If that sounds fishy to you, then so
be it.

charles s. geiger
ARPA:  cgeiger@ngp.cc.utexas.edu       cgeiger@ut-ngp.ARPA
UUCP:  ihnp4!ut-ngp!cgeiger     allegra!ut-ngp!cgeiger
       gatech!ut-ngp!cgeiger    seismo!ut-sally!ut-ngp!cgeiger
       harvard!ut-sally!ut-ngp!cgeiger

munson@ernie.Berkeley.EDU (Ethan Munson) (01/12/87)

Selling non-copyrighted material is legal at any price.  It's the
same as selling books by Dickens.  You charge what the traffic will bear.

Ethan Munson

ephraim@wang.UUCP (pri=8 Ephraim Vishniac x76659 ms 014 590) (01/16/87)

In article <16819@ucbvax.BERKELEY.EDU>, munson@ernie.Berkeley.EDU (Ethan Munson) writes:
> Selling non-copyrighted material is legal at any price.  It's the
> same as selling books by Dickens.  You charge what the traffic will bear.
> 
> Ethan Munson

But most shareware *is* copyright material.  And much of it comes with
explicit conditions of use and distribution, which are blithely ignored
by people who make a business of redistributing PD/freeware/shareware.

dubois@uwmacc.UUCP (Paul DuBois) (01/20/87)

In article <378@wang.UUCP>, ephraim@wang.UUCP (pri=8 Ephraim Vishniac x76659 ms 014 590) writes:
> In article <16819@ucbvax.BERKELEY.EDU>, munson@ernie.Berkeley.EDU (Ethan Munson) writes:
> > Selling non-copyrighted material is legal at any price.  It's the
> > same as selling books by Dickens.  You charge what the traffic will bear.
> > 
> > Ethan Munson
> 
> But most shareware *is* copyright material.  And much of it comes with
> explicit conditions of use and distribution, which are blithely ignored
> by people who make a business of redistributing PD/freeware/shareware.

If it's public domain, not so.

Public domain software cannot be restricted.  Public domain and copyright
are mutually exclusive.  (I once, when young and foolish, put a copyright
notice in a program that I also declare public domain.  It doesn't parse.)
Putting something in the public domain is, I believe, equivalent to stating
that you lose control over it.

---
Paul DuBois     UUCP: {allegra,ihnp4,seismo}!uwvax!uwmacc!dubois    |
                ARPA: dubois@easter                               --+--
                      dubois@rhesus                                 |
                                                                    |
"Don't we have enough madmen around here already?"
                                 I Samuel 21:15

berger@clio.UUCP (01/22/87)

But shareware programs are explicitely NOT offered for public
domain.  There's a difference between "permission to dis-
tribute for free under specific conditions" and "public
domain".