                              What Is Shareware?

You've probably heard the terms "public domain", "freeware", "shareware", and 
others like them.  Your favorite board probably has many programs described by 
one or more of these words.  There's a lot of confusion about and between 
these terms, but they actually have specific meanings and implications.  Once 
you understand them you will have a much easier time navigating the maze of 
programs available to you, and understanding what your obligations are, or 
aren't, with each type of program.

Let's start with some basic definitions.

"PUBLIC DOMAIN" has a VERY SPECIFIC LEGAL MEANING.  It means that the creator 
of a work (in this case, a piece of software) who HAD LEGAL ownership of that 
work, has given up ownership and dedicated the work "to the public domain".  
Once something is in the PUBLIC DOMAIN, ANYONE CAN USE IT IN ANY WAY THEY 
CHOOSE, AND THE AUTHOR HAS NO CONTROL OVER THE USE AND CANNOT DEMAND PAYMENT 
FOR IT.

If you find a program which the author has EXPLICITLY put into the PUBLIC 
DOMAIN you are FREE TO USE IT HOWEVER YOU SEE FIT, without paying for the 
right to use it.  But use care -- due to the confusion over the meaning of the 
words, programs are often described by others as being "PUBLIC DOMAIN" when in 
fact they are SHAREWARE OR FREE, COPYRIGHTED SOFTWARE.  To be sure a program 
is PUBLIC DOMAIN you should LOOK FOR AN EXPLICIT STATEMENT FROM THE AUTHOR TO 
THAT EFFECT.

"COPYRIGHTED" is the OPPOSITE of PUBLIC DOMAIN.  A copyrighted program is one 
where the author HAS ASSERTED HIS OR HER LEGAL RIGHT TO CONTROL THE PROGRAM'S 
USE AMD DISTRIBUTION BY PLACING THE LEGALLY REQUIRED COPYRIGHT NOTICES IN THE 
PROGRAM AND DOCUMENTATION.  The law gives copyright owners broad rights to 
restrict how their work is distributed, and provides for penalties for those 
who violate these restrictions.

When you find a program which is COPYRIGHTED you MUST USE IT IN ACCORDANCE 
with the COPYRIGHT OWNER'S RESTRICTIONS ON DISTRIBUTION and payment.  Usually 
these are clearly stated in the program documentation.

Maintaining a copyright does not necessarily imply charging a fee, so it is 
perfectly possible and legal to have copyrighted programs which are 
distributed free of charge.  Such programs are sometimes termed "freeware", 
though this term was in fact trademarked by the late Andrew Flugelman and the 
legality of its use by others could be questioned.  In any case, the fact that 
a program is free does not mean that it is in the public domain -- though this 
is a common confusion.

"Shareware" is COPYRIGHTED software which is distributed by authors through 
bulletin boards, on-line services, disk vendors, and copies passed among 
friends.  It is COMMERCIAL SOFTWARE which you are allowed to try out before 
you pay for it.

Shareware authors use a variety of licensing restrictions on their copyrighted 
works, but most authors who support their software require you to pay a 
"registration fee" -- the purchase price of the software -- if you continue to 
use the product after a trial period.  Some authors indicate a specific trial 
period after which you must pay this fee; others leave the time period open 
and rely on you to judge when you have decided to use the program, and 
therefore should pay for it. Occasionally a shareware author requires 
registration but does not require payment -- this is so-called "$0 shareware".

The shareware system and the continued availability of quality shareware 
products depend on your willingness to register and pay for the shareware you 
use.  The registration fees you pay allow authors to support and continue to 
develop their products.

As a software user you benefit from this system because you get to try the 
software and determine whether it meets your needs before you pay for it.  
Authors also benefit because we are able to get our products into your hands 
with little or no expense for advertising and promotion. As a result it is not 
unusual to find shareware products which rival retail software that costs 
several times the amount of the shareware registration fee.

ASP members' shareware meets additional quality standards beyond ordinary 
shareware.  Our members' programs must be fully functional (not crippled, 
demonstration, or out of date versions); program documentation must be 
complete and must clearly state the registration fee and the benefits 
received when registering; members must provide free mail or telephone 
support for a minimum of three months after registration; and members must 
meet other guidelines which help to insure that you as a user receive good 
value for your money and are dealt with professionally.  We also provide an 
Ombudsman program to assist in resolving disputes between authors and users.  
For more information on the ASP or to contact the ASP Ombudsman, write to 
ASP, 545 Grover Road, Muskegon, MI USA 49442-9427, or FAX 616-788-2765.  You 
can also contact the Ombudsman on CompuServe via an electronic mail message 
to 70007,3536.

