Open source shareware?

[David Johnson]

On Thursday 08 November 2001 08:05 am, Forrest J. Cavalier III wrote:
> 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.

The OSD may be quiet regarding use, but the law is not. Since the law already 
grants the user the right to use the software, the OSD does not need to 
specify that.

> As long as this permission notice and disclaimer are included, any
> person obtaining a copy of this software may distribute this
> software or derivatives.

Where's my permission to create derivatives? I see that I can distribute 
them, but there's nothing about being able to create them. This is a crucial 
distinction. As it now stands, I have the right to distribute derivatives 
created by OTHER people, but not to create them myself.

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

Brrzzztt! Look at clause 7. You've paid the $20 bucks and now distribute the 
software to your friend. Your friend must receive the same rights that you 
do, including the right to not having to pay the fee anymore. 

-- 
David Johnson
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