Open source shareware?

[Chris Gehlker]

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

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