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Should I raise a fuss over this?

I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.
Jul 17 '05 #1
29 2005
How irritating!!!

I've seem this (or similar) offers before.

I'm no expert, but I wouldn't be suprised if he can get away with it. $5 is
probably a small enough amount to get away with his claim he's only charging
for his time.

Having said that, I guess you could send him a threatening, official looking
email from 'your lawyer' [ie you] and seeing what he does. Chances are it's
some American kid trying to make a few bucks, so it might be enough to put
him off...

Good luck,

ChrisM

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:9n********************************@4ax.com...
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.

Jul 17 '05 #2
Maybe you should have added something in the EULA that the software may not
be re-distributed on any other website or media..

This is a snip from my EULA:
1. Use of the Software.

You may install the Software on a hard disk or other storage device; install
and use the Software on a file server for use on a network for the purposes
of (i) permanent installation onto hard disks or other storage devices or
(ii) use of the Software over such network; and make backup copies of the
Software. You may not redistribute, host, or sell the Software.
--
Chris Hanscom
MVP (Visual Basic)
http://www.veign.com
--

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:9n********************************@4ax.com...
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.

Jul 17 '05 #3
On Tue, 11 May 2004 15:22:32 GMT, Tom_OM
<do********@junkmailstinks.com> wrote:
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.


By making something FreeWare you are showing that you want to get the
widest distribution for your Apps

This guy is certainly widening your distribution

At $5 a pop he is probably clearing $4 gross of internal costs
(I'm a bit out of date on CD printing and duplication costs)

Not a huge amount, unless he gets substantial volumes

If you want to annoy him, just make your own CD and sell it against
his - but provide a download link file to show that /you/ have
downloaded all the utilities, and where you got them
- and anyone else can get them

(heck, part of your CD could contain instructions and links for making
another CD - perhaps even a utility for making /any/ compilation
Hmm - that sounds a nice App )

I hope that he has not put your offerings in the middle of a load of
dross - that would be really insulting.

Jul 17 '05 #4
It doesn't make any difference how much he is selling it for or whether he
is covering his cost. He is selling your software plain and simple. If
someone steals my lawnmower and ends up selling it for less than his cost
(proceeds minus cost of ads, transportation, et. al.) the fact that he
didn't make a profit has nothing to do with the fact that he stole it.
Jul 17 '05 #5
I wouldn't worry about it, least your getting your app out there and besides
you decided not to sell it. Reminds me of AntiTrust... "How long before
someone takes your idea and makes millions of your generosity?".

Tom_OM wrote:
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.

Jul 17 '05 #6
Yes, you definitely should. Sue him, that is, not just 'kick up a fuss'.
Possibly even get the police involved straight away, as there's every
chance he's a fly-by-night.
"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:9n********************************@4ax.com...
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.

Jul 17 '05 #7
Its not that he decided not to sell it, he decided that it should be free to
anyone that wants it - big difference.

--
Chris Hanscom
MVP (Visual Basic)
http://www.veign.com
--

"Visual Boodu .NET" <sn@il.mail> wrote in message
news:kH******************@news-server.bigpond.net.au...
I wouldn't worry about it, least your getting your app out there and besides you decided not to sell it. Reminds me of AntiTrust... "How long before
someone takes your idea and makes millions of your generosity?".

Tom_OM wrote:
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.


Jul 17 '05 #8
There is no difference. By making it free (giving it away without charge),
he had decided not to sell it (exchange ownership for money). By not
selling it, he had decided to make it free.

If he (Tom) really hates the idea of free exposure by someone putting his
app on a CD then I'm sure if he emails the producer of said CD that they
would be happy to take it off.

But who knows, maybe someone might like Tom's free software on that CD and
decide to view his 'about box', go to his website and download more free
applications..

Veign wrote:
Its not that he decided not to sell it, he decided that it should be
free to anyone that wants it - big difference.

--
Chris Hanscom
MVP (Visual Basic)
http://www.veign.com

"Visual Boodu .NET" <sn@il.mail> wrote in message
news:kH******************@news-server.bigpond.net.au...
I wouldn't worry about it, least your getting your app out there and
besides you decided not to sell it. Reminds me of AntiTrust...
"How long before someone takes your idea and makes millions of your
generosity?".

Tom_OM wrote:
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed
to in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or
sold. [The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE
GUIDELINES. WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE
SERVICE TO GATHER, REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at
his threat to prosecute violators of HIS copyright when I'm the
copyright owner of my program and the other freeware authors are
the owners of theirs. This guy owns no copyright to any of the
apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.

Jul 17 '05 #9
On Tue, 11 May 2004 20:23:00 +0100, "songie D" <so****@D.com> wrote:
Yes, you definitely should. Sue him, that is, not just 'kick up a fuss'.
Possibly even get the police involved straight away, as there's every
chance he's a fly-by-night.


I've generally found that the best way of shafting someone is to get
/them/ to instruct their solicitors/lawyers and then waste the
person's money by carrying out a long and reasonable conversation with
their solicitor.

As I suggested earlier, the OP should consider inciting this 'shark'
to sue him.

Actually I think the assertion that he is only charging for his effort
would not stand up
- I guess this is under US legal jurisdiction
- maybe someone here has/knows someone with a legal background in this
area.

Personally I think the guy flogging the CD is a tit head
- if he had said that 50% of the Nett would be distributed to the
authors, or their nominated charities, he would look like a white
knight
Jul 17 '05 #10
ALWAYS include a legal notice that specifically requires these "share/free ware" re-publishers to notify you (the author) of
subsequent re-distribution. only then will you have any way to bind to a legal complaint.

if its FREEWARE, expect nothing, otherwise quit bitching

it's just like mp3/wav/ cdrom music. the real talent gets squat for their effort and the media house gets the BULK of the
money.

ASCAPP/RIAA and all music (software) vendors are essentially parasites, just like the guy you are bitching about.

they are distributors and copying factories, & nothing less.

only difference they have $200 buck an hour lawyers ready to stomp all over the "bugs" that threaten their Multibillion dollar
industry.

and of the 50 or so real artists that produce listenable music, they sure the hell aint worth beng paid a million times $20 for the
single effort they make for each song either. so there!

--

Best regards,
Hapticz

STOP STOP STOP STOP STOP STOP STOP STOP STOP
<>><<>><<><>><<><>><<>><<><>><<>><<>><<>><<>><<>

"Tom_OM" <do********@junkmailstinks.com> wrote in message news:9n********************************@4ax.com...
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.


Jul 17 '05 #11
YES! This in my opinion is a very unethical and very underhanded thing to
do. Does he have a web site? Maybe if you post it we can all tell him what
we thing of his practices directly!
Jul 17 '05 #12
You have every right to be upset as the author. I would have been nice if
the guy at least contacted you about his intentions. Something to
consider... Many freeware titles come loaded with spyware. Also, the
distributor may be including spyware as an "additional revenue source". So
even though your title itself doesn't contain spyware, it may become a
victim of "guilt by association".

Well, you've learned by experience. My only advice at this point is to
fashion your EULA in a way that requires written permission for packaged
and/or mass distribution and/or republishing by another party while at the
same time allows individual sharing. Perhaps a maximum number... "While
this software is freeware and you, as an individual, are encouraged to share
it with other individuals, any means of mass (excess of 20 distributions) or
packaged and/or bundled distribution/republishing requires written
permission by the author." Maybe even something to safeguard your
integrity... "...may not be bundled or included with any means of stealth
technology such as spyware, and/or with anything that may be considered
offensive in nature...". You'll want to legaleeze it up and consult an
attorney to insure it holds water. Take a gander at Microsoft's EULA for
their freebees (VBCCE, WMP, IE, etc.), perhaps their's could be used as a
guide or template.


"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:9n********************************@4ax.com...
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.

Jul 17 '05 #13
Thanks for all the comments and insights about my previous post. The
main thing that perturbed me was the fact that the guy didn't bother
to contact me first before packaging my program on his CD (plus, he
didn't use the most up-to-date version). I've decided to revise my
EULA to state that while the program may be freely downloaded, it may
not be redistributed as a bundle with other programs or other
electronic files without my permission and that those wishing to do so
should contact me with specific information and what else it is to be
bundled with and exactly how it would be redistributed. I'll include
specific language against it ever being included with spyware, porn,
warez, and any other shady things I can think of. I'm doing my legal
homework to make the new EULA as airtight as possible.

I've previously granted permission to others to redistribute this
software, once on a CD included in a German photography magazine, and
again on another CD distributed by a Yugoslavian computer magazine.
I was happy to grant permission because being published in these two
respected sources were a nice feather in my cap. I don't ever want a
prospective employer to seach the net on my and find out that my
program was included as part of "Psycho Fascist Heroin Junky's
Collection of Spy, Porn, and Crackhack Toolz."

I'm going to order one of this kid's CDs (under my girlfriend's name)
to find out if he's added any spyware to it. I'll only take legal
action if he has. If his collection of programs are simply useful
freeware, I'm dropping him a polite note saying that it would have
been better netiquette if he had contacted me first before including
my app in his collection.

Thanks again for all the insight. I believe it has helped me come to
a reasonable decision on what to do.

cheers,
Tom
Jul 17 '05 #14
Soo? What's the software? Ya pique everyone's curiosity, and now yer gonna
leave us hangin'? :-)

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:sq********************************@4ax.com...
Thanks for all the comments and insights about my previous post. The
main thing that perturbed me was the fact that the guy didn't bother
to contact me first before packaging my program on his CD (plus, he
didn't use the most up-to-date version). I've decided to revise my
EULA to state that while the program may be freely downloaded, it may
not be redistributed as a bundle with other programs or other
electronic files without my permission and that those wishing to do so
should contact me with specific information and what else it is to be
bundled with and exactly how it would be redistributed. I'll include
specific language against it ever being included with spyware, porn,
warez, and any other shady things I can think of. I'm doing my legal
homework to make the new EULA as airtight as possible.

I've previously granted permission to others to redistribute this
software, once on a CD included in a German photography magazine, and
again on another CD distributed by a Yugoslavian computer magazine.
I was happy to grant permission because being published in these two
respected sources were a nice feather in my cap. I don't ever want a
prospective employer to seach the net on my and find out that my
program was included as part of "Psycho Fascist Heroin Junky's
Collection of Spy, Porn, and Crackhack Toolz."

I'm going to order one of this kid's CDs (under my girlfriend's name)
to find out if he's added any spyware to it. I'll only take legal
action if he has. If his collection of programs are simply useful
freeware, I'm dropping him a polite note saying that it would have
been better netiquette if he had contacted me first before including
my app in his collection.

Thanks again for all the insight. I believe it has helped me come to
a reasonable decision on what to do.

cheers,
Tom

Jul 17 '05 #15
Here's where it is:
http://home.earthlink.net/~tm120176050/multfile.html

For the computer mag it was featured as a Windows utility; for the
Photography mag is was billed as a digital camera tool. Use the prog
if you want. If you like it, check back in about a month. I'm
planning to release a new version.

And, to Jim, I speak and write German, but I don't know any of the
languages spoken in Yugoslavia.

On Thu, 13 May 2004 03:19:06 -0400, "BeastFish"
<be*******@for-president.com> wrote:
Soo? What's the software? Ya pique everyone's curiosity, and now yer gonna
leave us hangin'? :-)

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:sq********************************@4ax.com.. .

[snip]
Jul 17 '05 #16
On Thu, 13 May 2004 20:27:03 GMT, Tom_OM
<do********@junkmailstinks.com> wrote:
Here's where it is:
http://home.earthlink.net/~tm120176050/multfile.html

For the computer mag it was featured as a Windows utility; for the
Photography mag is was billed as a digital camera tool. Use the prog
if you want. If you like it, check back in about a month. I'm
planning to release a new version.


Looks a handy little utility.
Jul 17 '05 #17
And..... the skill involved in writing that program prevails
itself where, exactly?
I'm presuming it has drag-drop
reordering of the files to be renamed to control which
ones get which of the 1, 2, ... , n suffixes, with full multiple reorderings
and drag-image support?
Where's the move-up-one, move-top, move-down-one,
move-bottom buttons?

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:7c********************************@4ax.com...
Here's where it is:
http://home.earthlink.net/~tm120176050/multfile.html

For the computer mag it was featured as a Windows utility; for the
Photography mag is was billed as a digital camera tool. Use the prog
if you want. If you like it, check back in about a month. I'm
planning to release a new version.

And, to Jim, I speak and write German, but I don't know any of the
languages spoken in Yugoslavia.

On Thu, 13 May 2004 03:19:06 -0400, "BeastFish"
<be*******@for-president.com> wrote:
Soo? What's the software? Ya pique everyone's curiosity, and now yer gonnaleave us hangin'? :-)

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:sq********************************@4ax.com.. .

[snip]

Jul 17 '05 #18
FFS!

It's FREEWARE! The guy wrote a little utility (I'm guessing he needed it for
somthing) decided that others could find it useful, and generously made it
available for free.

If you want all sorts of flashy functionality, go pay for your software. Or
better still, write it yourself and make it FREELY available to everyone
else.

ChrisM

"songie D" <so****@d.com> wrote in message
news:%2****************@TK2MSFTNGP12.phx.gbl...
And..... the skill involved in writing that program prevails
itself where, exactly?
I'm presuming it has drag-drop
reordering of the files to be renamed to control which
ones get which of the 1, 2, ... , n suffixes, with full multiple reorderings and drag-image support?
Where's the move-up-one, move-top, move-down-one,
move-bottom buttons?

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:7c********************************@4ax.com...
Here's where it is:
http://home.earthlink.net/~tm120176050/multfile.html

For the computer mag it was featured as a Windows utility; for the
Photography mag is was billed as a digital camera tool. Use the prog
if you want. If you like it, check back in about a month. I'm
planning to release a new version.

And, to Jim, I speak and write German, but I don't know any of the
languages spoken in Yugoslavia.

On Thu, 13 May 2004 03:19:06 -0400, "BeastFish"
<be*******@for-president.com> wrote:
Soo? What's the software? Ya pique everyone's curiosity, and now yer gonnaleave us hangin'? :-)

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:sq********************************@4ax.com.. .

[snip]


Jul 17 '05 #19
Thanks, Chris, that's exactly what happened. I was photographing a
lot of things with a digital camera, which named everything with
nondescript names like "img_0525, img_0526", etc. Renaming these
hundreds of files had become tedious, so I wrote a little utility to
make it easier. I figured others might find it useful, so I put in a
help system and published the prog as freeware.

On Mon, 17 May 2004 09:36:27 +0100, "ChrisM" <as*******@you.need.it>
wrote:
FFS!

It's FREEWARE! The guy wrote a little utility (I'm guessing he needed it for
somthing) decided that others could find it useful, and generously made it
available for free.

If you want all sorts of flashy functionality, go pay for your software. Or
better still, write it yourself and make it FREELY available to everyone
else.

ChrisM

"songie D" <so****@d.com> wrote in message
news:%2****************@TK2MSFTNGP12.phx.gbl...

[snip]
Jul 17 '05 #20
Wonderful stuff. I have promised myself I would do this as soon as I
got into digital photography. The years passed and nothing done.
Thanks you for this. Are you into giving away the source? I have no
intention moving it on or repackaging, just wouldn't mind looking at
the development of it and changing it to suits needs and needs need to
be suited if you know what I mean.

Excellent though and shows others what the internet can do for us all.

Cheers
Paul
Tom_OM <do********@junkmailstinks.com> wrote in message news:<pc********************************@4ax.com>. ..
Thanks, Chris, that's exactly what happened. I was photographing a
lot of things with a digital camera, which named everything with
nondescript names like "img_0525, img_0526", etc. Renaming these
hundreds of files had become tedious, so I wrote a little utility to
make it easier. I figured others might find it useful, so I put in a
help system and published the prog as freeware.

On Mon, 17 May 2004 09:36:27 +0100, "ChrisM" <as*******@you.need.it>
wrote:
FFS!

It's FREEWARE! The guy wrote a little utility (I'm guessing he needed it for
somthing) decided that others could find it useful, and generously made it
available for free.

If you want all sorts of flashy functionality, go pay for your software. Or
better still, write it yourself and make it FREELY available to everyone
else.

ChrisM

"songie D" <so****@d.com> wrote in message
news:%2****************@TK2MSFTNGP12.phx.gbl...

[snip]

Jul 17 '05 #21
& perhaps you may decide to "make money" (aka survive) later?

Copyright and disclaimer

Trial version
1. (YourProgram) is neither freeware nor public domain.
2. Use after the 35 days trial period requires registration.
3. Use of (YourProgram) after expiration of the trial period without registration is a violation of international copyright law.
It is also unfair to the author, who has spent thousands of hours by developing this program.
4. Selling or redistribution of the program is not allowed without a written permission of (YourName).

--

Best regards,
Hapticz

STOP STOP STOP STOP STOP STOP STOP STOP STOP
<>><<>><<><>><<><>><<>><<><>><<>><<>><<>><<>><<>

"Tom_OM" <do********@junkmailstinks.com> wrote in message news:9n********************************@4ax.com...
I have a web site in which I offer freeware programs. They're true
freeware, not crippled versions attempting to get people to buy the
full versions. The beginning of my user license agreement (agreed to
in the install script as a requirement for install -- and also
viewable from the app's help menu) states this:

"Copyright (C) 2003 by [my name]

This application is freeware. It may be freely copied and used at no
charge so long as it is not decompiled or hacked in any way, or sold.
[The rest of the agreement is a disclaimer of liability.]"

I've recently discovered that someone has put my program, and other
people's freeware, on a CD that he is charging $5(US) a pop for ($3
for additional CDs). He claims he's complying with all the user
license agreements. Here's what he writes:

"The programs on this CD are Freeware. I am not charging for the
programs; I am charging for my time and efforts in collecting all of
these programs in one place.
Important Information about Copyrights
NO COPYRIGHTS ARE VIOLATED!! EVERYTHING IN THIS OFFER IS DISTRIBUTED
WITHIN THE LEGAL GUIDELINES OF THE FREEWARE AND SHAREWARE GUIDELINES.
WE ARE NOT CHARGING FOR THE PROGRAMS ONLY FOR THE SERVICE TO GATHER,
REPRODUCE AND DISTRIBUTE THESE PROGRAMS.
Resale of this auction is strictly prohibited, violators will be
prosecuted"

It's clear that the 5 bucks is less than his costs to burn a CD and
mail it within North America (I'm not sure about the rest of the
world). Here's someone who is making money off of a program that I
specifically designated as freeware. I'm particularly annoyed at his
threat to prosecute violators of HIS copyright when I'm the copyright
owner of my program and the other freeware authors are the owners of
theirs. This guy owns no copyright to any of the apps.

I'm curious if you guys think I should raise a stink over this or if
his charging 5 bucks to collect programs and copy them onto a CD for
people is a reasonable way to distribute freeware.


Jul 17 '05 #22
Don
On Tue, 18 May 2004 09:31:03 -0400, "Hapticz" <ha*****@email.msn.com> wrote:
& perhaps you may decide to "make money" (aka survive) later?

Copyright and disclaimer

Trial version
1. (YourProgram) is neither freeware nor public domain.
2. Use after the 35 days trial period requires registration.
3. Use of (YourProgram) after expiration of the trial period without registration is a violation of international copyright law.
It is also unfair to the author, who has spent thousands of hours by developing this program.
4. Selling or redistribution of the program is not allowed without a written permission of (YourName).


5. lblDisclaimer.Caption = "Warning: This program was written by ME for THEE for
FREE. If you paid for it then contact your lawyer and sue the person that sold
it to you and try to get your money back.. hahaha"

Have a good day...

Don
Jul 17 '05 #23
songie D wrote:
And..... the skill involved in writing that program prevails
itself where, exactly?
I'm presuming it has drag-drop
reordering of the files to be renamed to control which
ones get which of the 1, 2, ... , n suffixes, with full multiple reorderings
and drag-image support?
Where's the move-up-one, move-top, move-down-one,
move-bottom buttons?

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:7c********************************@4ax.com...
Here's where it is:
http://home.earthlink.net/~tm120176050/multfile.html

For the computer mag it was featured as a Windows utility; for the
Photography mag is was billed as a digital camera tool. Use the prog
if you want. If you like it, check back in about a month. I'm
planning to release a new version.

And, to Jim, I speak and write German, but I don't know any of the
languages spoken in Yugoslavia.

On Thu, 13 May 2004 03:19:06 -0400, "BeastFish"
<be*******@for-president.com> wrote:

Soo? What's the software? Ya pique everyone's curiosity, and now yer
gonna
leave us hangin'? :-)

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:sq********************************@4ax.com ...


[snip]



Troll, if you could get back to your little corner and die - we would
all be most pleased. I'm sure that you are looking forward to being
able to eat your interface in Windows Longhorn 2006 Intranet Corporate
Collaboration Lockdown Freeze'o'matic Colliquium Edition. Until then,
please leave real software developers alone - and go eat your candy.

Regards,
Jordan T. Cox
Jul 17 '05 #24
ROFL

all too true! indeed!

--

Best regards,
Hapticz

STOP STOP STOP STOP STOP STOP STOP STOP STOP
<>><<>><<><>><<><>><<>><<><>><<>><<>><<>><<>><<>

<Do*@home.com> wrote in message news:24********************************@4ax.com...
On Tue, 18 May 2004 09:31:03 -0400, "Hapticz" <ha*****@email.msn.com> wrote:
& perhaps you may decide to "make money" (aka survive) later?

Copyright and disclaimer

Trial version
1. (YourProgram) is neither freeware nor public domain.
2. Use after the 35 days trial period requires registration.
3. Use of (YourProgram) after expiration of the trial period without registration is a violation of international copyright law.
It is also unfair to the author, who has spent thousands of hours by developing this program.
4. Selling or redistribution of the program is not allowed without a written permission of (YourName).


5. lblDisclaimer.Caption = "Warning: This program was written by ME for THEE for
FREE. If you paid for it then contact your lawyer and sue the person that sold
it to you and try to get your money back.. hahaha"

Have a good day...

Don


Jul 17 '05 #25
> Troll, if you could get back to your little corner and die - we would
all be most pleased. I'm sure that you are looking forward to being
able to eat your interface in Windows Longhorn 2006 Intranet Corporate
Collaboration Lockdown Freeze'o'matic Colliquium Edition. Until then,
please leave real software developers alone - and go eat your candy.


Oh, shut up you SHIIIIITTTT !!

For god's sake can you not see that the only reason I look on these
newsgroups is *boredom*, so if you perhaps thought about engaging
in some interesting discussion, I wouldn't get bored, and neither would
anyone else - with YOU.
Jul 17 '05 #26
Yes but it's a fu cking emabarassment!
"ChrisM" <as*******@you.need.it> wrote in message
news:ev***************@TK2MSFTNGP11.phx.gbl...
FFS!

It's FREEWARE! The guy wrote a little utility (I'm guessing he needed it for somthing) decided that others could find it useful, and generously made it
available for free.

If you want all sorts of flashy functionality, go pay for your software. Or better still, write it yourself and make it FREELY available to everyone
else.

ChrisM

"songie D" <so****@d.com> wrote in message
news:%2****************@TK2MSFTNGP12.phx.gbl...
And..... the skill involved in writing that program prevails
itself where, exactly?
I'm presuming it has drag-drop
reordering of the files to be renamed to control which
ones get which of the 1, 2, ... , n suffixes, with full multiple

reorderings
and drag-image support?
Where's the move-up-one, move-top, move-down-one,
move-bottom buttons?

"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:7c********************************@4ax.com...
Here's where it is:
http://home.earthlink.net/~tm120176050/multfile.html

For the computer mag it was featured as a Windows utility; for the
Photography mag is was billed as a digital camera tool. Use the prog
if you want. If you like it, check back in about a month. I'm
planning to release a new version.

And, to Jim, I speak and write German, but I don't know any of the
languages spoken in Yugoslavia.

On Thu, 13 May 2004 03:19:06 -0400, "BeastFish"
<be*******@for-president.com> wrote:

>Soo? What's the software? Ya pique everyone's curiosity, and now
yer gonna
>leave us hangin'? :-)
>
>
>
>"Tom_OM" <do********@junkmailstinks.com> wrote in message
>news:sq********************************@4ax.com.. .
[snip]



Jul 17 '05 #27
Thanks, but the internet's got enough crap without more.
This sort of thing is what's called THROWAWAY-CODE
and is best written in vbs.
For you, it's maybe OK - if a little OTT. For others, it would
be quicker to knock up a quick vbs to do exactly what they want,
than to search for your program, download it, configure it,
test it, use it, debug it, etc etc, then uninstall it again?
*Surely* you weren't thinking people would keep it on their
PC 'in case they ever needed it'? For god's sake, talk about
wrinting code from out of your arse...
"Tom_OM" <do********@junkmailstinks.com> wrote in message
news:pc********************************@4ax.com...
Thanks, Chris, that's exactly what happened. I was photographing a
lot of things with a digital camera, which named everything with
nondescript names like "img_0525, img_0526", etc. Renaming these
hundreds of files had become tedious, so I wrote a little utility to
make it easier. I figured others might find it useful, so I put in a
help system and published the prog as freeware.

On Mon, 17 May 2004 09:36:27 +0100, "ChrisM" <as*******@you.need.it>
wrote:
FFS!

It's FREEWARE! The guy wrote a little utility (I'm guessing he needed it forsomthing) decided that others could find it useful, and generously made itavailable for free.

If you want all sorts of flashy functionality, go pay for your software. Orbetter still, write it yourself and make it FREELY available to everyone
else.

ChrisM

"songie D" <so****@d.com> wrote in message
news:%2****************@TK2MSFTNGP12.phx.gbl...

[snip]

Jul 17 '05 #28
(TOP POSTING CORRECTED)

"B0nj" <b@nj> wrote
"songie D" <so****@d.com> wrote in message
And..... the skill involved in writing that program prevails
itself where, exactly?
It's FREEWARE! The guy wrote a little utility (I'm guessing he needed it
for somthing) decided that others could find it useful, and generously made it
available for free.
Yes but it's a fu cking emabarassment!


Ever hear about the pot calling the kettle black?

LFS

"songie D" <so****@d.com> wrote in message
And..... the skill involved in writing that program prevails
itself where, exactly?


Jul 17 '05 #29
Group:
Yea, I know about 'Dont feed the trolls' and all that, and I did think about
ignoring this post, with a bit of luck, people like this will hopefully go
away if no-one takes any notice, but the arrogance of this post annoyed me
too much to keep quiet.

B0nj:
All very well if you are a developer, but believe it or not, there are one
or two people around that might have a requirement for a simple app such as
this, but DONT KNOW HOW TO WRITE CODE!!
In fact, though I am a professional developer, if I had a digital camera, or
had some other reason to rename large numbers of files on a regular basis, I
would quite probably install it on my PC (and keep it for when I needed
it). Why waste my time writing somthing that has already been done. I've got
better things to do with my life!
For you, it's maybe OK - if a little OTT. For others, it would
be quicker to knock up a quick vbs to do exactly what they want,
than to search for your program, download it, configure it,
test it, use it, debug it, etc etc, then uninstall it again?


Hmm, lets think this through:
Search for the program well what would that take, a minute or two if you
started from one of the popular share/free ware sites? Granted you might
not find this particular program that fast but that's not really the point,
you would find somthing suitable.
Download it, 30 seconds?
Install it maybe a minute? if it even needed installing
Test it, Debug it??? Apart from running it in a small hash directory first
to make sure it does what you want/expect, I don't think you really need
much testing, and how do you debug a downloaded exe anyway? But OK, lets say
60 seconds to run it once in a small sub-directory because you want to be
sure you understand what it does.

If you think you could write, test,debug an app that did this (even VBS) in
3 minutes then I bow to your superior coding skills, but somehow, I don't
think so. Also, seeing as this app is not aimed at developers, but
end-users, maybe you should write it in a programming language you are not
familiar with!!

<insulting closing remark restrained with some difficulty!>

ChrisM
Jul 17 '05 #30

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