[comp.sys.mac.misc] Copyright

hanche@imf.unit.no (Harald Hanche-Olsen) (11/08/90)

In article <85704@tut.cis.ohio-state.edu> elk@iguana.cis.ohio-state.edu (Edwin L King) writes:

     It does seem silly to restrict access to a free program, but it is
   neessary for Apple to do that to retain its copyright.

What a strange idea.  Any lawyers out there that can substantiate or
refute this claim?  It has been my understanding of copyright that it
consists of many rights, including

(a) exclusive rights to distribute copies
(b) exclusive rights to make derivative works

and others.  And that you can voluntarily give up one, like (a),
without giving up the whole package including (b).  If Edwins
interpretation is right, there seems to be no legal reason at all why
we should pay for shareware programs.  (Before anyone flames me, *yes*
I think there are ethical reasons).

Considered opinion only, please.  Flames to the object in the lower
right hand corner of the screen.

- Harald Hanche-Olsen <hanche@imf.unit.no>
  Division of Mathematical Sciences
  The Norwegian Institute of Technology
  N-7034 Trondheim, NORWAY

jas@ISI.EDU (Jeff Sullivan) (11/08/90)

In article <HANCHE.90Nov7180615@hufsa.imf.unit.no> hanche@imf.unit.no (Harald Hanche-Olsen) writes:

   In article <85704@tut.cis.ohio-state.edu> elk@iguana.cis.ohio-state.edu (Edwin L King) writes:

	It does seem silly to restrict access to a free program, but it is
      neessary for Apple to do that to retain its copyright.

   What a strange idea.  Any lawyers out there that can substantiate or
   refute this claim?  It has been my understanding of copyright that it
   consists of many rights, including

   (a) exclusive rights to distribute copies
   (b) exclusive rights to make derivative works

   and others.  And that you can voluntarily give up one, like (a),
   without giving up the whole package including (b).  If Edwins
   interpretation is right, there seems to be no legal reason at all why
   we should pay for shareware programs.  (Before anyone flames me, *yes*
   I think there are ethical reasons).

   Considered opinion only, please.  Flames to the object in the lower
   right hand corner of the screen.

Maybe that's true in Noway, pal, but it ain't so here. ;-)

Actually, the difference is simple: In a shareware program, there's a
contract implicit in its use that if you like it/use it, you will buy
it, otherwise, you will dispose of it.  I believe this contract is
what protects the copyright.  You are not legally allowed to use the
program unless you have bought it, except for a free trial period.

jas

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