Should I raise a fuss over this?

[Tom_OM]

I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.

[ChrisM]

Re: Should I raise a fuss over this?

How irritating!!!

I've seem this (or similar) offers before.

I'm no expert, but I wouldn't be suprised if he can get away with it. $5 is
probably a small enough amount to get away with his claim he's only charging
for his time.

Having said that, I guess you could send him a threatening, official looking
email from 'your lawyer' [ie you] and seeing what he does. Chances are it's
some American kid trying to make a few bucks, so it might be enough to put
him off...

Good luck,

ChrisM

"Tom_OM" <dontspamme@jun kmailstinks.com > wrote in message
news:9nq1a09ags t3gksmmdmhdvtq8 d80v5rkm8@4ax.c om...[color=blue]
> I have a web site in which I offer freeware programs. They're true
> freeware, not crippled versions attempting to get people to buy the
> full versions. The beginning of my user license agreement (agreed to
> in the install script as a requirement for install -- and also
> viewable from the app's help menu) states this:
>
> "Copyright (C) 2003 by [my name]
>
> This application is freeware. It may be freely copied and used at no
> charge so long as it is not decompiled or hacked in any way, or sold.
> [The rest of the agreement is a disclaimer of liability.]"
>
> I've recently discovered that someone has put my program, and other
> people's freeware, on a CD that he is charging $5(US) a pop for ($3
> for additional CDs). He claims he's complying with all the user
> license agreements. Here's what he writes:
>
> "The programs on this CD are Freeware. I am not charging for the
> programs; I am charging for my time and efforts in collecting all of
> these programs in one place.
> Important Information about Copyrights
> NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
> WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
> WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
> REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
> Resale of this auction is strictly prohibited, violators will be
> prosecuted"
>
> It's clear that the 5 bucks is less than his costs to burn a CD and
> mail it within North America (I'm not sure about the rest of the
> world). Here's someone who is making money off of a program that I
> specifically designated as freeware. I'm particularly annoyed at his
> threat to prosecute violators of HIS copyright when I'm the copyright
> owner of my program and the other freeware authors are the owners of
> theirs. This guy owns no copyright to any of the apps.
>
> I'm curious if you guys think I should raise a stink over this or if
> his charging 5 bucks to collect programs and copy them onto a CD for
> people is a reasonable way to distribute freeware.
>
>[/color]

[Veign]

Re: Should I raise a fuss over this?

Maybe you should have added something in the EULA that the software may not
be re-distributed on any other website or media..

This is a snip from my EULA:
1. Use of the Software.

You may install the Software on a hard disk or other storage device; install
and use the Software on a file server for use on a network for the purposes
of (i) permanent installation onto hard disks or other storage devices or
(ii) use of the Software over such network; and make backup copies of the
Software. You may not redistribute, host, or sell the Software.


--
Chris Hanscom
MVP (Visual Basic)

http://www.veign.com

--

"Tom_OM" <dontspamme@jun kmailstinks.com > wrote in message
news:9nq1a09ags t3gksmmdmhdvtq8 d80v5rkm8@4ax.c om...[color=blue]
> I have a web site in which I offer freeware programs. They're true
> freeware, not crippled versions attempting to get people to buy the
> full versions. The beginning of my user license agreement (agreed to
> in the install script as a requirement for install -- and also
> viewable from the app's help menu) states this:
>
> "Copyright (C) 2003 by [my name]
>
> This application is freeware. It may be freely copied and used at no
> charge so long as it is not decompiled or hacked in any way, or sold.
> [The rest of the agreement is a disclaimer of liability.]"
>
> I've recently discovered that someone has put my program, and other
> people's freeware, on a CD that he is charging $5(US) a pop for ($3
> for additional CDs). He claims he's complying with all the user
> license agreements. Here's what he writes:
>
> "The programs on this CD are Freeware. I am not charging for the
> programs; I am charging for my time and efforts in collecting all of
> these programs in one place.
> Important Information about Copyrights
> NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
> WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
> WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
> REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
> Resale of this auction is strictly prohibited, violators will be
> prosecuted"
>
> It's clear that the 5 bucks is less than his costs to burn a CD and
> mail it within North America (I'm not sure about the rest of the
> world). Here's someone who is making money off of a program that I
> specifically designated as freeware. I'm particularly annoyed at his
> threat to prosecute violators of HIS copyright when I'm the copyright
> owner of my program and the other freeware authors are the owners of
> theirs. This guy owns no copyright to any of the apps.
>
> I'm curious if you guys think I should raise a stink over this or if
> his charging 5 bucks to collect programs and copy them onto a CD for
> people is a reasonable way to distribute freeware.
>
>[/color]

[J French]

Re: Should I raise a fuss over this?

On Tue, 11 May 2004 15:22:32 GMT, Tom_OM
<dontspamme@jun kmailstinks.com > wrote:
[color=blue]
>I have a web site in which I offer freeware programs. They're true
>freeware, not crippled versions attempting to get people to buy the
>full versions. The beginning of my user license agreement (agreed to
>in the install script as a requirement for install -- and also
>viewable from the app's help menu) states this:
>
>"Copyright (C) 2003 by [my name]
>
>This application is freeware. It may be freely copied and used at no
>charge so long as it is not decompiled or hacked in any way, or sold.
>[The rest of the agreement is a disclaimer of liability.]"
>
>I've recently discovered that someone has put my program, and other
>people's freeware, on a CD that he is charging $5(US) a pop for ($3
>for additional CDs). He claims he's complying with all the user
>license agreements. Here's what he writes:
>
>"The programs on this CD are Freeware. I am not charging for the
>programs; I am charging for my time and efforts in collecting all of
>these programs in one place.
>Important Information about Copyrights
>NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
>WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
>WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
>REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
>Resale of this auction is strictly prohibited, violators will be
>prosecuted"
>
>It's clear that the 5 bucks is less than his costs to burn a CD and
>mail it within North America (I'm not sure about the rest of the
>world). Here's someone who is making money off of a program that I
>specifically designated as freeware. I'm particularly annoyed at his
>threat to prosecute violators of HIS copyright when I'm the copyright
>owner of my program and the other freeware authors are the owners of
>theirs. This guy owns no copyright to any of the apps.
>
>I'm curious if you guys think I should raise a stink over this or if
>his charging 5 bucks to collect programs and copy them onto a CD for
>people is a reasonable way to distribute freeware.[/color]

By making something FreeWare you are showing that you want to get the
widest distribution for your Apps

This guy is certainly widening your distribution

At $5 a pop he is probably clearing $4 gross of internal costs
(I'm a bit out of date on CD printing and duplication costs)

Not a huge amount, unless he gets substantial volumes

If you want to annoy him, just make your own CD and sell it against
his - but provide a download link file to show that /you/ have
downloaded all the utilities, and where you got them
- and anyone else can get them

(heck, part of your CD could contain instructions and links for making
another CD - perhaps even a utility for making /any/ compilation
Hmm - that sounds a nice App )

I hope that he has not put your offerings in the middle of a load of
dross - that would be really insulting.

[Otis]

Re: Should I raise a fuss over this?

It doesn't make any difference how much he is selling it for or whether he
is covering his cost. He is selling your software plain and simple. If
someone steals my lawnmower and ends up selling it for less than his cost
(proceeds minus cost of ads, transportation, et. al.) the fact that he
didn't make a profit has nothing to do with the fact that he stole it.

[Visual Boodu .NET]

Re: Should I raise a fuss over this?

I wouldn't worry about it, least your getting your app out there and besides
you decided not to sell it. Reminds me of AntiTrust... "How long before
someone takes your idea and makes millions of your generosity?".

Tom_OM wrote:[color=blue]
> I have a web site in which I offer freeware programs. They're true
> freeware, not crippled versions attempting to get people to buy the
> full versions. The beginning of my user license agreement (agreed to
> in the install script as a requirement for install -- and also
> viewable from the app's help menu) states this:
>
> "Copyright (C) 2003 by [my name]
>
> This application is freeware. It may be freely copied and used at no
> charge so long as it is not decompiled or hacked in any way, or sold.
> [The rest of the agreement is a disclaimer of liability.]"
>
> I've recently discovered that someone has put my program, and other
> people's freeware, on a CD that he is charging $5(US) a pop for ($3
> for additional CDs). He claims he's complying with all the user
> license agreements. Here's what he writes:
>
> "The programs on this CD are Freeware. I am not charging for the
> programs; I am charging for my time and efforts in collecting all of
> these programs in one place.
> Important Information about Copyrights
> NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
> WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
> WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
> REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
> Resale of this auction is strictly prohibited, violators will be
> prosecuted"
>
> It's clear that the 5 bucks is less than his costs to burn a CD and
> mail it within North America (I'm not sure about the rest of the
> world). Here's someone who is making money off of a program that I
> specifically designated as freeware. I'm particularly annoyed at his
> threat to prosecute violators of HIS copyright when I'm the copyright
> owner of my program and the other freeware authors are the owners of
> theirs. This guy owns no copyright to any of the apps.
>
> I'm curious if you guys think I should raise a stink over this or if
> his charging 5 bucks to collect programs and copy them onto a CD for
> people is a reasonable way to distribute freeware.[/color]

[songie D]

Re: Should I raise a fuss over this?

Yes, you definitely should. Sue him, that is, not just 'kick up a fuss'.
Possibly even get the police involved straight away, as there's every
chance he's a fly-by-night.


"Tom_OM" <dontspamme@jun kmailstinks.com > wrote in message
news:9nq1a09ags t3gksmmdmhdvtq8 d80v5rkm8@4ax.c om...[color=blue]
> I have a web site in which I offer freeware programs. They're true
> freeware, not crippled versions attempting to get people to buy the
> full versions. The beginning of my user license agreement (agreed to
> in the install script as a requirement for install -- and also
> viewable from the app's help menu) states this:
>
> "Copyright (C) 2003 by [my name]
>
> This application is freeware. It may be freely copied and used at no
> charge so long as it is not decompiled or hacked in any way, or sold.
> [The rest of the agreement is a disclaimer of liability.]"
>
> I've recently discovered that someone has put my program, and other
> people's freeware, on a CD that he is charging $5(US) a pop for ($3
> for additional CDs). He claims he's complying with all the user
> license agreements. Here's what he writes:
>
> "The programs on this CD are Freeware. I am not charging for the
> programs; I am charging for my time and efforts in collecting all of
> these programs in one place.
> Important Information about Copyrights
> NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
> WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
> WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
> REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
> Resale of this auction is strictly prohibited, violators will be
> prosecuted"
>
> It's clear that the 5 bucks is less than his costs to burn a CD and
> mail it within North America (I'm not sure about the rest of the
> world). Here's someone who is making money off of a program that I
> specifically designated as freeware. I'm particularly annoyed at his
> threat to prosecute violators of HIS copyright when I'm the copyright
> owner of my program and the other freeware authors are the owners of
> theirs. This guy owns no copyright to any of the apps.
>
> I'm curious if you guys think I should raise a stink over this or if
> his charging 5 bucks to collect programs and copy them onto a CD for
> people is a reasonable way to distribute freeware.
>
>[/color]

[Veign]

Re: Should I raise a fuss over this?

Its not that he decided not to sell it, he decided that it should be free to
anyone that wants it - big difference.

--
Chris Hanscom
MVP (Visual Basic)

http://www.veign.com

--

"Visual Boodu .NET" <sn@il.mail> wrote in message
news:kH9oc.3330 3$TT.14675@news-server.bigpond. net.au...[color=blue]
> I wouldn't worry about it, least your getting your app out there and[/color]
besides[color=blue]
> you decided not to sell it. Reminds me of AntiTrust... "How long before
> someone takes your idea and makes millions of your generosity?".
>
> Tom_OM wrote:[color=green]
> > I have a web site in which I offer freeware programs. They're true
> > freeware, not crippled versions attempting to get people to buy the
> > full versions. The beginning of my user license agreement (agreed to
> > in the install script as a requirement for install -- and also
> > viewable from the app's help menu) states this:
> >
> > "Copyright (C) 2003 by [my name]
> >
> > This application is freeware. It may be freely copied and used at no
> > charge so long as it is not decompiled or hacked in any way, or sold.
> > [The rest of the agreement is a disclaimer of liability.]"
> >
> > I've recently discovered that someone has put my program, and other
> > people's freeware, on a CD that he is charging $5(US) a pop for ($3
> > for additional CDs). He claims he's complying with all the user
> > license agreements. Here's what he writes:
> >
> > "The programs on this CD are Freeware. I am not charging for the
> > programs; I am charging for my time and efforts in collecting all of
> > these programs in one place.
> > Important Information about Copyrights
> > NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
> > WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
> > WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
> > REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
> > Resale of this auction is strictly prohibited, violators will be
> > prosecuted"
> >
> > It's clear that the 5 bucks is less than his costs to burn a CD and
> > mail it within North America (I'm not sure about the rest of the
> > world). Here's someone who is making money off of a program that I
> > specifically designated as freeware. I'm particularly annoyed at his
> > threat to prosecute violators of HIS copyright when I'm the copyright
> > owner of my program and the other freeware authors are the owners of
> > theirs. This guy owns no copyright to any of the apps.
> >
> > I'm curious if you guys think I should raise a stink over this or if
> > his charging 5 bucks to collect programs and copy them onto a CD for
> > people is a reasonable way to distribute freeware.[/color]
>
>[/color]

[Visual Boodu .NET]

Re: Should I raise a fuss over this?

There is no difference. By making it free (giving it away without charge),
he had decided not to sell it (exchange ownership for money). By not
selling it, he had decided to make it free.

If he (Tom) really hates the idea of free exposure by someone putting his
app on a CD then I'm sure if he emails the producer of said CD that they
would be happy to take it off.

But who knows, maybe someone might like Tom's free software on that CD and
decide to view his 'about box', go to his website and download more free
applications..

Veign wrote:[color=blue]
> Its not that he decided not to sell it, he decided that it should be
> free to anyone that wants it - big difference.
>
> --
> Chris Hanscom
> MVP (Visual Basic)
> http://www.veign.com
>
> "Visual Boodu .NET" <sn@il.mail> wrote in message
> news:kH9oc.3330 3$TT.14675@news-server.bigpond. net.au...[color=green]
>> I wouldn't worry about it, least your getting your app out there and
>> besides you decided not to sell it. Reminds me of AntiTrust...
>> "How long before someone takes your idea and makes millions of your
>> generosity?".
>>
>> Tom_OM wrote:[color=darkred]
>>> I have a web site in which I offer freeware programs. They're true
>>> freeware, not crippled versions attempting to get people to buy the
>>> full versions. The beginning of my user license agreement (agreed
>>> to in the install script as a requirement for install -- and also
>>> viewable from the app's help menu) states this:
>>>
>>> "Copyright (C) 2003 by [my name]
>>>
>>> This application is freeware. It may be freely copied and used at no
>>> charge so long as it is not decompiled or hacked in any way, or
>>> sold. [The rest of the agreement is a disclaimer of liability.]"
>>>
>>> I've recently discovered that someone has put my program, and other
>>> people's freeware, on a CD that he is charging $5(US) a pop for ($3
>>> for additional CDs). He claims he's complying with all the user
>>> license agreements. Here's what he writes:
>>>
>>> "The programs on this CD are Freeware. I am not charging for the
>>> programs; I am charging for my time and efforts in collecting all of
>>> these programs in one place.
>>> Important Information about Copyrights
>>> NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
>>> WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE
>>> GUIDELINES. WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE
>>> SERVICE TO GATHER, REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
>>> Resale of this auction is strictly prohibited, violators will be
>>> prosecuted"
>>>
>>> It's clear that the 5 bucks is less than his costs to burn a CD and
>>> mail it within North America (I'm not sure about the rest of the
>>> world). Here's someone who is making money off of a program that I
>>> specifically designated as freeware. I'm particularly annoyed at
>>> his threat to prosecute violators of HIS copyright when I'm the
>>> copyright owner of my program and the other freeware authors are
>>> the owners of theirs. This guy owns no copyright to any of the
>>> apps.
>>>
>>> I'm curious if you guys think I should raise a stink over this or if
>>> his charging 5 bucks to collect programs and copy them onto a CD for
>>> people is a reasonable way to distribute freeware.[/color][/color][/color]

[J French]

Re: Should I raise a fuss over this?

On Tue, 11 May 2004 20:23:00 +0100, "songie D" <songie@D.com > wrote:
[color=blue]
>Yes, you definitely should. Sue him, that is, not just 'kick up a fuss'.
>Possibly even get the police involved straight away, as there's every
>chance he's a fly-by-night.[/color]

I've generally found that the best way of shafting someone is to get
/them/ to instruct their solicitors/lawyers and then waste the
person's money by carrying out a long and reasonable conversation with
their solicitor.

As I suggested earlier, the OP should consider inciting this 'shark'
to sue him.

Actually I think the assertion that he is only charging for his effort
would not stand up
- I guess this is under US legal jurisdiction
- maybe someone here has/knows someone with a legal background in this
area.

Personally I think the guy flogging the CD is a tit head
- if he had said that 50% of the Nett would be distributed to the
authors, or their nominated charities, he would look like a white
knight

[Hapticz]

Re: Should I raise a fuss over this?

ALWAYS include a legal notice that specifically requires these "share/free ware" re-publishers to notify you (the author) of
subsequent re-distribution. only then will you have any way to bind to a legal complaint.

if its FREEWARE, expect nothing, otherwise quit bitching

it's just like mp3/wav/ cdrom music. the real talent gets squat for their effort and the media house gets the BULK of the
money.

ASCAPP/RIAA and all music (software) vendors are essentially parasites, just like the guy you are bitching about.

they are distributors and copying factories, & nothing less.

only difference they have $200 buck an hour lawyers ready to stomp all over the "bugs" that threaten their Multibillion dollar
industry.

and of the 50 or so real artists that produce listenable music, they sure the hell aint worth beng paid a million times $20 for the
single effort they make for each song either. so there!

--

Best regards,
Hapticz

STOP STOP STOP STOP STOP STOP STOP STOP STOP
<>><<>><<><>><< ><>><<>><<><>>< <>><<>><<>><<>> <<>

"Tom_OM" <dontspamme@jun kmailstinks.com > wrote in message news:9nq1a09ags t3gksmmdmhdvtq8 d80v5rkm8@4ax.c om...[color=blue]
> I have a web site in which I offer freeware programs. They're true
> freeware, not crippled versions attempting to get people to buy the
> full versions. The beginning of my user license agreement (agreed to
> in the install script as a requirement for install -- and also
> viewable from the app's help menu) states this:
>
> "Copyright (C) 2003 by [my name]
>
> This application is freeware. It may be freely copied and used at no
> charge so long as it is not decompiled or hacked in any way, or sold.
> [The rest of the agreement is a disclaimer of liability.]"
>
> I've recently discovered that someone has put my program, and other
> people's freeware, on a CD that he is charging $5(US) a pop for ($3
> for additional CDs). He claims he's complying with all the user
> license agreements. Here's what he writes:
>
> "The programs on this CD are Freeware. I am not charging for the
> programs; I am charging for my time and efforts in collecting all of
> these programs in one place.
> Important Information about Copyrights
> NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
> WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
> WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
> REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
> Resale of this auction is strictly prohibited, violators will be
> prosecuted"
>
> It's clear that the 5 bucks is less than his costs to burn a CD and
> mail it within North America (I'm not sure about the rest of the
> world). Here's someone who is making money off of a program that I
> specifically designated as freeware. I'm particularly annoyed at his
> threat to prosecute violators of HIS copyright when I'm the copyright
> owner of my program and the other freeware authors are the owners of
> theirs. This guy owns no copyright to any of the apps.
>
> I'm curious if you guys think I should raise a stink over this or if
> his charging 5 bucks to collect programs and copy them onto a CD for
> people is a reasonable way to distribute freeware.
>
>[/color]

[Bruce A. Wilkinson]

Re: Should I raise a fuss over this?

YES! This in my opinion is a very unethical and very underhanded thing to
do. Does he have a web site? Maybe if you post it we can all tell him what
we thing of his practices directly!

[BeastFish]

Re: Should I raise a fuss over this?

You have every right to be upset as the author. I would have been nice if
the guy at least contacted you about his intentions. Something to
consider... Many freeware titles come loaded with spyware. Also, the
distributor may be including spyware as an "additional revenue source". So
even though your title itself doesn't contain spyware, it may become a
victim of "guilt by association".

Well, you've learned by experience. My only advice at this point is to
fashion your EULA in a way that requires written permission for packaged
and/or mass distribution and/or republishing by another party while at the
same time allows individual sharing. Perhaps a maximum number... "While
this software is freeware and you, as an individual, are encouraged to share
it with other individuals, any means of mass (excess of 20 distributions) or
packaged and/or bundled distribution/republishing requires written
permission by the author." Maybe even something to safeguard your
integrity... "...may not be bundled or included with any means of stealth
technology such as spyware, and/or with anything that may be considered
offensive in nature...". You'll want to legaleeze it up and consult an
attorney to insure it holds water. Take a gander at Microsoft's EULA for
their freebees (VBCCE, WMP, IE, etc.), perhaps their's could be used as a
guide or template.




"Tom_OM" <dontspamme@jun kmailstinks.com > wrote in message
news:9nq1a09ags t3gksmmdmhdvtq8 d80v5rkm8@4ax.c om...[color=blue]
> I have a web site in which I offer freeware programs. They're true
> freeware, not crippled versions attempting to get people to buy the
> full versions. The beginning of my user license agreement (agreed to
> in the install script as a requirement for install -- and also
> viewable from the app's help menu) states this:
>
> "Copyright (C) 2003 by [my name]
>
> This application is freeware. It may be freely copied and used at no
> charge so long as it is not decompiled or hacked in any way, or sold.
> [The rest of the agreement is a disclaimer of liability.]"
>
> I've recently discovered that someone has put my program, and other
> people's freeware, on a CD that he is charging $5(US) a pop for ($3
> for additional CDs). He claims he's complying with all the user
> license agreements. Here's what he writes:
>
> "The programs on this CD are Freeware. I am not charging for the
> programs; I am charging for my time and efforts in collecting all of
> these programs in one place.
> Important Information about Copyrights
> NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
> WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
> WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
> REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
> Resale of this auction is strictly prohibited, violators will be
> prosecuted"
>
> It's clear that the 5 bucks is less than his costs to burn a CD and
> mail it within North America (I'm not sure about the rest of the
> world). Here's someone who is making money off of a program that I
> specifically designated as freeware. I'm particularly annoyed at his
> threat to prosecute violators of HIS copyright when I'm the copyright
> owner of my program and the other freeware authors are the owners of
> theirs. This guy owns no copyright to any of the apps.
>
> I'm curious if you guys think I should raise a stink over this or if
> his charging 5 bucks to collect programs and copy them onto a CD for
> people is a reasonable way to distribute freeware.
>
>[/color]

[Tom_OM]

Here's what I've decided to do [Was: Should I raise a fuss over this?]

Thanks for all the comments and insights about my previous post. The
main thing that perturbed me was the fact that the guy didn't bother
to contact me first before packaging my program on his CD (plus, he
didn't use the most up-to-date version). I've decided to revise my
EULA to state that while the program may be freely downloaded, it may
not be redistributed as a bundle with other programs or other
electronic files without my permission and that those wishing to do so
should contact me with specific information and what else it is to be
bundled with and exactly how it would be redistributed. I'll include
specific language against it ever being included with spyware, porn,
warez, and any other shady things I can think of. I'm doing my legal
homework to make the new EULA as airtight as possible.

I've previously granted permission to others to redistribute this
software, once on a CD included in a German photography magazine, and
again on another CD distributed by a Yugoslavian computer magazine.
I was happy to grant permission because being published in these two
respected sources were a nice feather in my cap. I don't ever want a
prospective employer to seach the net on my and find out that my
program was included as part of "Psycho Fascist Heroin Junky's
Collection of Spy, Porn, and Crackhack Toolz."

I'm going to order one of this kid's CDs (under my girlfriend's name)
to find out if he's added any spyware to it. I'll only take legal
action if he has. If his collection of programs are simply useful
freeware, I'm dropping him a polite note saying that it would have
been better netiquette if he had contacted me first before including
my app in his collection.

Thanks again for all the insight. I believe it has helped me come to
a reasonable decision on what to do.

cheers,
Tom

[BeastFish]

Re: Here's what I've decided to do [Was: Should I raise a fuss over this?]

Soo? What's the software? Ya pique everyone's curiosity, and now yer gonna
leave us hangin'? :-)



"Tom_OM" <dontspamme@jun kmailstinks.com > wrote in message
news:sqe5a09t7l gqkpiq0c6qt7efc o3d6o2opa@4ax.c om...[color=blue]
> Thanks for all the comments and insights about my previous post. The
> main thing that perturbed me was the fact that the guy didn't bother
> to contact me first before packaging my program on his CD (plus, he
> didn't use the most up-to-date version). I've decided to revise my
> EULA to state that while the program may be freely downloaded, it may
> not be redistributed as a bundle with other programs or other
> electronic files without my permission and that those wishing to do so
> should contact me with specific information and what else it is to be
> bundled with and exactly how it would be redistributed. I'll include
> specific language against it ever being included with spyware, porn,
> warez, and any other shady things I can think of. I'm doing my legal
> homework to make the new EULA as airtight as possible.
>
> I've previously granted permission to others to redistribute this
> software, once on a CD included in a German photography magazine, and
> again on another CD distributed by a Yugoslavian computer magazine.
> I was happy to grant permission because being published in these two
> respected sources were a nice feather in my cap. I don't ever want a
> prospective employer to seach the net on my and find out that my
> program was included as part of "Psycho Fascist Heroin Junky's
> Collection of Spy, Porn, and Crackhack Toolz."
>
> I'm going to order one of this kid's CDs (under my girlfriend's name)
> to find out if he's added any spyware to it. I'll only take legal
> action if he has. If his collection of programs are simply useful
> freeware, I'm dropping him a polite note saying that it would have
> been better netiquette if he had contacted me first before including
> my app in his collection.
>
> Thanks again for all the insight. I believe it has helped me come to
> a reasonable decision on what to do.
>
> cheers,
> Tom[/color]