This article © Prism PD
Welcome to a Prism PD special on the public domain. The following article was written by N. Bradshaw for PD POWER #7 - June 94, and is updated by M. Sherwood of Prism PD. We tell you the legal aspects of PD and Shareware, and who is around in the PD world. First, lets find out what the fuss is all about...!
Public Domain software. What is it? Where does it come from?
What does it eat?
Most of these questions will be answered but lets delve into history.
PD software had its birthplace in the American higher education system.
Although home computers was spawned by Sir Clive with his electronic
shoebox called the ZX80, DIY boffins had been building computers across the
states for many years. American colleges were soon full of these little
critters, and the decision was made that all software written within the
education establishment would be 'public domain'.
Public domain grew in popularity much quicker with the advent of CP/M - Control Processor for MicroComputers. The CP/M system allowed software to be used on different computers (up to a point). There is a fair amount of PD software written under this operating system i.e. the CPC. If you are a +3 user with CP/M, you will have greater access to PD software.
The whole thing has really snowballed though, and PD covers a whole range of material from BASIC type-ins to business software to demos.
Public Domain has a very specific legal meaning. It means that the creator of a work (in this case software), who HAD legal ownership of that work, has GIVEN UP ownership and dedicated hiswork to the 'PUBLIC DOMAIN'. This fact should be clearly understood by everyone including other services!
Once something is in the public domain, anyone can use it in ANYWAY THEY CHOOSE! That includes using the software on disc - even if the authors purpose was for it to be used on tape!! The author has no control over its use and CANNOT demand payment from it. There is only 1 stipulation: it must not be sold for a profit. PD software is FREE, but libraries will make a nominal charge to cover copying / admin costs.
You can even convert the software into another programming language.
The PD scene has also become linked with cheap home grown software and is usually sold through certain libraries. This form of software is termed Licensware, with a small percentage going to the author, however the software is NOT public domain.
Much of the stuff won't reach commercial standard, but can still be very useful. Most authors won't want the hassles of distributing their own work, hence the need for libraries. Its the perfect way to get your programs into peoples homes and your name known.
There are quite a number of people who churn out loads of PD programs as a stepping stone to becoming a commercial programmer. Others do it as a hobby, while those already successful will chuck early incarnations into the public domain.
You can even ALTER the program. But the proper thing to do is to send the version to the author. However, you must not remove any original credits. Authors cannot requst payment from the customer as with Shareware. If it's free, IT'S FREE! If a PD file is sent to you, i.e. the customer, which contains a readme file requesting payment to the author - ignore it because it is illegal!
When you're copying and distributing stuff, you need to be pretty certain you are allowed to. Obviously, programs you've written yourself and magazine type-ins are pretty safe, but there is the potential for problems with other sources. Here's a quick guideline:
Be sure the software you are distributing is genuine public domain software. Due to confusion over the meaning of the words, programs are often described by authors as being "public domain" when, in fact they are shareware or free copyrighted software. To be sure software is public domain there should be a statement to that effect on screen, or within the listing of BASIC programms. Thirdly, a letter from the author with words to that effect will also do.
Some PD programs like demos, may be PD, but will contain 'cracked ' music from commercial titles. You won't know until someone tells you, so be wary.
Just because a title has been in another library for a number of months, is no measure that it is safe - they havn't been caught yet!
Don't lose any sleep though, as you are not likely to get into legal problems. Libraries are usually only requested to remove the offending title. Any duplication industry has something dodgy around, but 95% will be kosher.
One of the talking points is the availability of adult material on 16/32 bit computers. Although this raises anger from parents, due to lack of measures for the under 18's, this is nothing compared to the very explicit material (PORN) that is around, and receiving attention from the police and the government. There is talk of legislation to control PD, but this material is virtually non-existent on the Spectrum.
For general adult software, the requirement by law is as follows. Such software should be clearly classified as with tapes, by indicating a certain age group that the software is for or just stating 'ADULT'. Provided libraries do that, there should be no problem & it is the responsibility of the customer to ensure that adult software is not seen by minors.
This article © M. Sherwood
SHAREWARE is different to PD. There is confusion over the way it works, especially by other Spectrum PD libraries. Shareware is only similar in 2 ways: (a) the copying fee is purely for the libary and (b) Shareware can be freely copied and distributed. Here the similarity ends.
Most shareware is as good or better than commercial programs. Instructions for the programs are usually stored on disk in .DOC or .TXT files. You must read these to see how to install or run the program. There will be another .DOC file, which contains information on how to register (pay) for your copy with the author. You will usually have a maximum of 30 days to determine if the program is useful before paying for free updates, detailed manuals, etc. Quite often, shareware programs have some functions ommitted, but members of the ASP will provide full versions. Shareware, is common on the PC, while the Amiga and Atari is PD orientated.
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