Open source shareware?

Forrest J. Cavalier III mibsoft at mibsoftware.com
Thu Nov 8 16:05:29 UTC 2001


Can someone point out the OSD violation of a shareware 
license such as the following?  I realize it violates
the spirit of the OSD, but I cannot find where it violates
the "letter" of the OSD.  The OSD is silent on "use" and
I think this illustrates the problem.

Russ Nelson has indicated that the specific wording of the OSD
is important.  Can we find a way that the OSD rejects this kind
of license?

----------------------------------------------------------------------
Copyright (c) <year> <copyright holders>
As long as this permission notice and disclaimer are included, any
person obtaining a copy of this software may distribute this
software or derivatives.

If you decide to run the software after a 30 day evaluation period,
you must pay a fee of $20 to <copyright holder.>

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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