[comp.binaries.ibm.pc.d] ASP announces new rules for distribution

garym@cognos.uucp@uunet.uu.net (Gary Murphy) (05/01/91)

I haven't seen this posted on uunet, so I've take the liberty of
posting --- I have no affiliation with either the ASP or any of
the user groups or BBS sites which this might affect, but as a
regular user of shareware, I thought it might be of interest to
readers of this group.
------------------------------------------------------------------------
Date: 02-09-91 (14:01)              Number: 25212
  To: ALL                           Refer#: NONE
From: JIM ROBESON                     Read: NO
Subj: DILEMMA                       Status: PUBLIC
Conf: (0) Main Board             Read Type: ZDOOR MAIL CAPTURE

The following article appeared in the February issue of the newsletter
of the Monterey Bay User Group (MBUG).  I am the sysop of the BBS
mentioned in this article.  Since I feel this issue is very important
to the continuing definition of "shareware", I have decided to bring
this issue to the attention of those who might not get a copy of the
newsletter (grin).
------------------------------------------------------------------------

Shareware Dilemma
by Ben Rees and Keith Whipple 2/1/91

We have a problem.  The problem is not one unique to users in
Monterey, but users everywhere, especially users belonging to
User Groups.  In a nut shell, shareware is being threatened and
the threat has a strange source: the authors who write shareware.

The Association of Shareware Professionals (ASP) is a trade
association for shareware authors and MBUG has never had a
quarrel with ASP, in fact we support their efforts.  They have
established guidelines for shareware that among other things has
helped cut down on annoyware and demos masquerading as shareware.

However, ASP is now recommending that shareware authors prohibit
non-profit User Groups from distributing their programs unless
the User Group joins ASP as Associate Members or, alternatively,
corresponds directly with the authors requesting permission and
submitting documented evidence that the User Group actively
supports the principle that members should register the shareware
programs that they continue to use.  These same restrictions are
not placed on BBSs (for now) or person-to-person distribution.

ASP recommends inclusion of a file VENDOR.DOC with their
shareware programs outlining distribution restrictions that the
authors (copyright holders) wish to apply. With 3,900+ files in
the MBUG library, it would take the entire membership of MBUG
several weeks to review every .DOC in every file.  It would also
take a substantial number of new volunteers helping the library
if we were to try to comply with these restrictions.

Joining ASP as an associate member is not a satisfactory
solution.  Not only must MBUG pay annual dues, we must send ASP
sufficient continuing documentation (to their satisfaction) that
we have supported, and continue to support, the payment of
registration fees.  Some ASP authors further require that even
Associate Members must notify them of intent to distribute.
Moreover, MBUG feels it may jeopardize its Federal and State
non-profit, tax exempt status by including itself with commercial
vendors.

What can I do about this, you ask.  OK, here is a list of
programs we have found so far which appear to place some
restriction on User Group distribution:
4dos302p.zip   4DOS                 pcftyp40.zip    PC-FASTTYPE
aea400q.zip    AS-EASY-AS           pedit165.zip    PEDIT
boot127.zip    BOOT                 pfepl104.zip    PROFONE EDIT
cvt-2sb.zip    CVT                  ppv40.zip       PRINT PLUS
fd13.zip       FIND DIR             qfe42.zip       QFONEDIT
ffour.zip      Unique Software      rtm206.zip      RES. TASK MGR
galaxy3.zip    GALAXY               snap402d.zip    SNAP
ip200.zip      INFO PLEASE          pwr14.zip       POWERBATCH
newkey.zip     NEWKEY               stime14.zip     SETTIME
onceaday.zip   ONCE A DAY           times2.zip      Date/Time utils
pc-205.zip     PC-INFO              tutor.zip       DOS TUTOR
vinofile.zip   WINE MGMT            sst_50a.zip     WHEREIS
nab15.zip      NABBIT               gemcap.zip      GEMCAP

Get one of these files, read VENDOR.DOC and see what you think.
If you are so moved, write the author and tell him what you think
about this.

MBUG will not be distributing these files because we cannot
comply with their distribution requirements.  We will delete them.
The Cricket BBS, run by one of our members, will be doing the
same.  Speaking of BBSs, we have heard that the same restrictions
placed on user group distribution will soon be recommended for
BBS distribution as well.  MBUG is contacting ASP to find out why
they have made these recommendations, and we are contacting the
Association of PC User Groups to poll other people who are in our
position to find out how they are dealing with this issue, or if
they are even aware of it.

In summary, MBUG believes in and wholeheartedly supports the
shareware concept.  We have always registered and urged others to
register the software obtained from this distribution method.  As
we see it, shareware came about because users demanded an
alternative to ridiculous and pesky copy protection schemes.  We
now need to let ASP and its associated authors know how we feel
about this threat to shareware.
------------------------------------------------------------------------

As a sysop who heartily supports the shareware concept, I am really
disappointed in the attitude ASP has taken towards user groups.
It seems that they, and their supporting authors, are attempting to
create a world in which only "asp-ware" exists.

BTW, my BBS is a supporter of the MBUG User Group, but is NOT an
official organ of the Group.  I am currently the Librarian of MBUG,
though, too.  (and the biggest supplier of files to the Library)

I personally am a sysop first, and a user group member second, and
the group's librarian only because no one else would take the job.
Just as the authors have the right to define their "copyrights",
I have the right to define what gets distributed from my own BBS.
All of the above programs are being deleted from my system.  All new
uploads are being checked for "anti-user-group sentiment" and will
be deleted if found to contain this kind of discrimination.

Jim Robeson
sysop, the Cricket BBS, Pacific Grove, CA


Date: 02-10-91 (14:19)              Number: 25240
  To: JIM ROBESON                   Refer#: 25215
From: JOE AHLGREN                     Read: 02-10-91 (17:59)
Subj: DILEMMA                       Status: PUBLIC
Conf: (0) Main Board             Read Type: ZDOOR MAIL CAPTURE

I have a very low opinion of ASP - it is like a club whose only purpose
is to decide who else can join the club - and then may you pay for the
privledge!  This attempt to close down distribution channels unless you
pay the fee is just one more example to ASP forgetting what the
shareware idea is.


Date: 02-10-91 (17:59)              Number: 25246
  To: JOE AHLGREN                   Refer#: 25240
From: JIM ROBESON                     Read: 02-11-91 (07:49)
Subj: DILEMMA                       Status: PUBLIC
Conf: (0) Main Board             Read Type: ZDOOR MAIL CAPTURE

To be perfectly honest, this issue has bothered me more than most.
I had been a supporter in principle of ASP since I learned of it's
philosophies towards shareware.  In fact, the first bulletin ever
placed in the shareware conference on my BBS was an early (1987)
document that listed the creedo (with an application form) of ASP.

I do not want a war with ASP.  But it does appear that one of their
long term intentions now is to become the *only* diskette vendor in
the country.  If they could force the "other" distributors to join
them, they would have total control.  Methinks that they are trying
to turn shareware into ASP-Ware.  It is kind of a "protectionist
mafioso" game.

Some of our most creative authors might be being led unknowingly down
a path not of their own choosing.

It is almost as if one of the ASP authors who was not very successful
with their own program decided to make some money selling "rights to
distribute" others' prorgams instead;  at $50 per year too!


Date: 02-10-91 (18:01)              Number: 25247
  To: ALL                           Refer#: NONE
From: JIM ROBESON                     Read: NO
Subj: DILEMMA                       Status: PUBLIC
Conf: (0) Main Board             Read Type: ZDOOR MAIL CAPTURE

It is regretful, but in the heat of the rush, our search for
anti-User Group authors identified a few too many programs.
The following programs should NOT have been in our original list.

  NEWKEY54.ZIP   220860  10-28-90  by Frank Bell
  NAB15.ZIP       15452  12-03-90  by RSE Inc.
  GEMCAP30.ZIP     5640  11-24-88  by Natural Software
  RTM206.ZIP     129786  10-07-90  by Jim Wetzel, WetZoft
  SNAP402D.ZIP   247562  02-21-90  by Walter J. Kennamer

The errors were identified when I myself was examining each identified
file before deletion from my BBS.  My apologies if any harm was done.

Still, the list below shows author names & files that truely do have
restrictions against User Group distribution.

Karl Brendel            - PFEPL104, QFE42
Cheat River Engineering - PC-205
Mark Christian          - VINOFILE
Computer Knowledge      - TUTOR
Computer Systems Design - PWR14E
J.P. Software           - 4DOS302
Lambert Klein           - PPV42
Keith Ledbetter         - X23, SST_50A, LCD_20A
T.G. Muench             - PEDIT175
Omniverse Software      - GALAXY3
Hans Salvisberg         - BOOT127
TexaSoft                - IP200, BANNERIF
Tirus, Inc.             - AEA400R
Unique Software         - ONCEADAY, STIME14, CVT-2SB,
                          FD13, FFOUR, TIMES2


Date: 02-10-91 (23:54)              Number: 25251
  To: JIM ROBESON                   Refer#: 25215
From: TOM HANLIN                      Read: NO
Subj: DILEMMA                       Status: PUBLIC
Conf: (0) Main Board             Read Type: ZDOOR MAIL CAPTURE

    I'd like to note <opinion on> that I don't think much of ASP to
begin with.  Nice idea, but grotesquely implemented.  It's a rigid and
bureaucratic organization, largely set up to further the wealth of some
of the early shareware success stories.  The fact that they only meet on
Compu$erve is some indication...

--
o| Gary Murphy                                                            |o
 |------------------------------------------------------------------------|
o| uunet!mitel!cunews!cognos!garym       garym%cognos.uucp@ccs.carlton.ca |o
 | Cognos Inc.      P.O. Box 9707 Ottawa K1G 3N3     (613) 738-1338 x5537 |
o| "There are many things which do not concern the process" - Joan of Arc |o

zlraa@marlin.jcu.edu.au (Ross Alford) (05/02/91)

Just a comment--the ASP must be mad.  I, for one, am *much* more likely
to feel obligated to pay the registration on a piece of software I have
obtained either free of charge through a BBS or FTP, or at minimal cost
through a user group, than on something I have already paid a relatively
high fee to purchase from an outfit like PC-SIG.  IMHO, if anything,
they should be limiting the activities of shareware resellers, not free
distributors.

Ross
-- 
Ross A. Alford
Department of Zoology                      Internet: zlraa@marlin.jcu.edu.au
James Cook University                      Phone:    +61 77 81 4732
Townsville, Qld 4811 Australia