FYI and to add to the discussion, the following is from the Univ of Miami School of Law:
Classification of software
In terms of copyright, there are four broad classifications of software:
a.. Commercial
b.. Shareware
c.. Freeware
d.. Public Domain
The restrictions and limitations regarding each classification are different.
Commercial
Commercial software represents the majority of software purchased from software publishers,
commercial computer stores, etc. When you buy software, you are actually acquiring a license to
use it, not own it. You acquire the license from the company that owns the copyright. The
conditions and restrictions of the license agreement vary from program to program and should be
read carefully. In general, commercial software licenses stipulate that
1.. the software is covered by copyright,
2.. although one archival copy of the software can be made, the backup copy cannot be used
except when the original package fails or is destroyed,
3.. modifications to the software are not allowed,
4.. decompiling (i.e. reverse engineering) of the program code is not allowed without the
permission of the copyright holder, and
5.. development of new works built upon the package (derivative works) is not allowed without
the permission of the copyright holder.
Shareware
Shareware software is covered by copyright, as well. When you acquire software under a
shareware arrangement, you are actually acquiring a license to use it, not own it. You acquire
the license from the individual or company that owns the copyright. The conditions and
restrictions of the license agreement vary from program to program and should read carefully.
The copyright holders for shareware allow purchasers to make and distribute copies of the
software, but demand that if, after testing the software, you adopt it for use, you must pay
for it. In general, shareware software licenses stipulate that
1.. the software is covered by copyright,
2.. although one archival copy of the software can be made, the backup copy cannot be used
except when the original package fails or is destroyed,
3.. modifications to the software are not allowed,
4.. decompiling (i.e. reverse engineering) of the program code is not allowed without the
permission of the copyright holder, and
5.. development of new works built upon the package (derivative works) is not allowed without
the permission of the copyright holder.
Selling software as shareware is a marketing decision; it does not change the legal
requirements with respect to copyright. That means that you can make a single archival copy,
but you are obliged to pay for all copies adopted for use.
Freeware
Freeware also is covered by copyright and subject to the conditions defined by the holder of
the copyright. The conditions for freeware are in direct opposition to normal copyright
restrictions. In general, freeware software licenses stipulate that
1.. the software is covered by copyright,
2.. copies of the software can be made for both archival and distribution purposes but that
distribution cannot be for profit,
3.. modifications to the software are allowed and encouraged,
4.. decompiling (i.e. reverse engineering) of the program code is allowed without the
explicit permission of the copyright holder, and
5.. development of new works built upon the package (derivative works) is allowed and
encouraged with the condition that derivative works must also be designated as freeware. That
means that you cannot take freeware, modify or extend it, and then sell it as commercial or
shareware software.
Public domain
Public domain software comes into being when the original copyright holder explicitly
relinquishes all rights to the software. Since under current copyright law, all intellectual
works (including software) are protected as soon as they are committed to a medium, for
something to be public domain it must be clearly marked as such. Before March 1, 1989, it was
assumed that intellectual works were not covered by copyright unless the copyright symbol and
declaration appeared on the work. With the U.S. adherence to the Berne Convention this
presumption has been reversed. Now all works assume copyright protection unless the public
domain notification is stated. This means that for public domain software
1.. copyright rights have been relinquished,
2.. software copies can be made for both archival and distribution purposes with no
restrictions as to distribution,
3.. modifications to the software are allowed,
4.. decompiling (i.e. reverse engineering) of the program code is allowed, and
5.. development of new works built upon the package (derivative works) is allowed without
conditions on the distribution or use of the derivative work.
Additional copies of this brochure may be purchased from EDUCOM:
1112 16th Street, NW -- Suite 600,
Washington, DC 20036.
Telephone: (202) 872-4200.Although the brochure is copyrighted, EDUCOM and ITAA authorize and
encourage making and distributing copies of it, in whole or in part, providing the source is
acknowledged.
Copyright 2006, University of Miami School of Law. All Rights Reserved.
1311 Miller Drive, Coral Gables, Florida 33146 Tel. (305) 284-2339
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