Open source shareware?

Chris Gehlker gehlker at
Fri Nov 9 15:20:50 UTC 2001

On 11/9/01 2:28 AM, "Karsten M. Self" <kmself at> wrote:

> on Thu, Nov 08, 2001 at 08:37:21PM -0800, Ken Arromdee (arromdee at
> wrote:
>> 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).

I know this isn't a democracy but I still vote with Ken. The OSD says that
the author, Jane, can't demand a fee from Bill solely because Bill sells or
gives a copy of the software to Sally. On it's face, its about
"redistribution." It doesn't say anything about "fee for use" and it doesn't
ban initial sale.
Heaven is under our feet as well as over our heads. -Henry David Thoreau,
naturalist and author (1817-1862)

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