GREEDY CD-ROM PUBLISHING WEASELS

[gtaylor@sr.hp.com (Glenn Taylor)]

Richard J Wifall (rwifall@nmsu.edu) wrote:

 |	The point is not whether or not my software is shareware or
 |not.  What this usergroup is doing (putting my software on their
 |CD-ROM without my permission) is just like someone putting someone
 |elses commercial software on a CD-ROM and selling it.  In the United
 |States there are copyright laws to help protect authors from this.
 |There may also be International and/or local laws that Germany follows
 |that apply to this.  I don't know.

 |	You seem to think that all shareware is the same or something.
 |You are missing a MAJOR point that I have stressed repeatedly and will
 |stress one last time before I give up on you.  I own ALL rights to my
 |software.  If I want it to only be distributed on BBS's where there
 |are at least three people with the name Bob, that is my right.  If I
 |want it to be distributed only on media where there is less then a
 |five dollar fee, that is my right.  If I want it to not be distributed
 |by GEnie or AOL that is also my right.

Why get mad at the publishing/distribution channel?  Aren't they doing
you a favor by publishing and distributing your program for FREE?

If you don't like this arrangement perhaps you should consider hiring
a team of lawyers to draw up a licensing agreement (worded just right
so you'll have plenty of people to sue in court - heh heh).  Then take
your program to a software publisher and ask them if they would be
willing to pay you for the privilege of publishing/distributing your
program while meeting all of your fancy legal requirements.  (Gee, I
wonder how many companies will jump at this chance opportunity???)
Ok, so maybe no company is interested.  You could always publish and
distribute it yourself.  (Gee, I wonder how much that would cost???)

 |	It doesn't matter how YOU think the best and greatest ways to
 |distribute shareware is.  I could care less what you think the prime
 |advantages of shareware software are.  The point is that I have placed
 |restrictions on my software that are not being followed.  However,
 |since I do not claim to know anything about German laws, I don't know
 |whether what they are doing is considered legal there. In my opinion
 |it is dishonest and lazy that they aren't willing to take the time to
 |even follow the wishes of the author of the programs.

 |	If I want to "disable one of the prime advantages for using
 |the shareware distribution channel" that's my problem.

It sounds like it is YOUR problem!

I cannot imagine that people in Germany are paying $45 for this CDROM
just to get your program(s).  If this CD is like the other shareware
CD's I've seen, there are probably hundreds, if not thousands of PD/
Shareware files on this CD.  If you really wanted to be fair about it,
you would divide the cost of the CD by number of programs on it.  This
would provide a more accurate way to judge how much they are charging
for your programs.

Another point I was going to make...  Yeah, it would be nice if every-
one who published a shareware CDROM would contact the programs author
to ask permission, BUT you have to understand how that would add to the
production costs.  Most shareware CD's have thousands of programs on
them.  Can you really expect a CDROM publisher to call each and every
author, author's lawyer, etc... to gain permission for publication?
What do you think it would cost?  How long would it delay the produc-
tion process?  Would they be able to reach every author, or have some
authors moved to a new address?

You have to be realistic here!

 |	I have no problem with shareware.  I have problems with people
 |who don't read the documentation that I include with my software and
 |respect the restrictions that are written in them.

Most shareware authors get maybe 20-30% of the actual users register-
ing.  YEAH, it would be nice if everyone was honest and you got 100%
registration (it would be nice too if everyone would stop cheating on
their taxes, spouses, and returned library books on time).  But alas,
we do not live in a perfect world!  Most shareware authors know this,
and some still manage to do quite well!

There's a guy living just 40 miles from here that built a large home
using the profits gained from the distribution of a single shareware
accounting program that he wrote.  The profits paid for all of the
building materials, fixtures, foundation, etc...  all he had to
contribute was the labor to put everything together.

To provide you with some background...  I have had some experience in
the shareware market, from the author/programmer side, the user/customer
side, and the distribution side.  I have seen my share of successful
and not-so-successful shareware authors.  It's been my experience that
the less anal-retentive one is in KKkontrolling how the product is
distributed or used, the greater chance he/she will have at making
a living in the shareware market.

just my opinion...

- Glenn