Open source shareware?

Ken Brown kenbrown at
Fri Nov 9 12:27:43 UTC 2001


I you lost me on this.  Why does time determine the terms of a sale?

Ken Brown

-----Original Message-----
From: Karsten M. Self [mailto:kmself at]
Sent: Friday, November 09, 2001 4:29 AM
To: license-discuss at
Subject: Re: Open source shareware?

on Thu, Nov 08, 2001 at 08:37:21PM -0800, Ken Arromdee (arromdee at
> On Thu, 8 Nov 2001, Karsten M. Self wrote:
> > Clause 1:
> >
> >    "The license shall not require a royalty or other fee for such sale"
> >
> > The terms for payment are interpreted by me to be "sale +time",
> > which in the general case reduces to a required fee for sale or
> > transfer.
> Even in the general case, where the time period can be 0, it's not a
> required fee for sale or transfer.  You can sell or transfer it to
> anyone you want without a fee--the person you transfer it to just
> can't use it.

First, I disagree with your reasoning.  I feel the terms applied
constitute sale.

Second, use of a lawfully owned copy of software is not an exclusive
right of the copyright holder, 17 USC 117(a).

Karsten M. Self <kmself at>
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