Version 2. Open source shareware

[Forrest J. Cavalier III]

Karsten M. Self wrote:

> The attempt to key this to continued "use" rather than transfer has no
> standing under copyright as previously stated.  

Based on the discussion so far, everything seems to depend on
whether the recipient has a license, or is an owner of a copy.

I was hoping the OSD would reject the license, without needing
such a long discussion.  Guess not.

Here is the improved version 2.  The trick is to distribute the
shareware as source only.  In that case, in order to run it,
it must be compiled, and (unless you are compiling and linking
in memory), that creates a derivative work, a right reserved
to the copyright owner.   Then use the GPL method of forcing
a license agreement without signing one.

I don't think the limited evaluation period is an issue
for OSD rejection or not. (I wrote the 30 day period into
the license because that is common for shareware.  This license
version 2 doesn't have an evaluation period.)

Here is version 2.  (Clause 2 and 4 are the interesting parts.
Parts are heavily borrowed from other licenses.)

The one improvement needed is that someone could make a binary,
pay the $20, and then users of that copy would not have to
pay. (They accept the license only when they made a copy or
derivative work.)  There would have to be a copyleft clauses
too, so that the license on the binary would be preserved.
(I left that out for easier reading.)

To head off OSD #7 objections, under this license "running" is not
a right "attached to the program."  If you own the copy, that right
is supplied by 17 USC 117.  If you accept the license, that right
is supplied by paying the $20 fee.

---------------------------------------------------------
Copyright (c) <year> <copyright holders>
  1. You may copy and distribute verbatim copies of the Program's
     source code as you receive it, in any medium, provided that you
     conspicuously and appropriately publish on each copy an appropriate
     copyright notice and disclaimer of warranty; keep intact all the
     notices that refer to this License and to the absence of any 
     warranty, and agree and comply with the terms of this license.

     You may charge a fee for the physical act of transferring a copy, and
     you may at your option offer warranty protection in exchange for a
     fee.

  2. You may compile this into an executable form, or modify your
     copy or copies of the Program or any portion of it, thus forming 
     a work based on the Program, and copy and distribute such
     modifications or work under the terms of Section 1 above.

  3. You may not copy, modify, sublicense, or distribute the Program
     except as expressly provided under this License.  Any attempt
     otherwise to copy, modify, sublicense or distribute the Program is
     void, and will automatically terminate your rights under this License.
     However, parties who have received copies, or rights, from you under
     this License will not have their licenses terminated so long as such
     parties remain in full compliance.

  4. This software is licensed, not sold.  If you wish to run the
     software after agreeing to this license, you must pay $20
     to <copyright holder.>

  5. You are not required to accept this License, since you have not
     signed it.  However, nothing else grants you permission to modify or
     distribute the Program or its derivative works.  These actions are
     prohibited by law if you do not accept this License.  Therefore, by
     modifying or distributing the Program (or any work based on the
     Program), you indicate your acceptance of this License to do so, and
     all its terms and conditions for using, copying, distributing or modifying
     the Program or works based on it.


    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
    EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
    MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
    IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
    CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
    TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
    SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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