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Interesting Dilemma; Software that was formerly free 3

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PhiloVance

Technical User
Sep 17, 2000
99
US
I agree this doesn't happen often, but often enough to merit a discussion. I downloaded a program about a year ago called BC Wipe. At the time it was free, and I even have a readme file telling me so, you know, don't distribute, yadda yadda yadda. The owner (site) is Jetico, Inc. and I believe they charge $30 for it now. I checked and the release of the $30 shareware version is the same as mine.

Question: Am I obligated to now pay them?

Hint: the only reason I visited the site, is that I saw the program listed as shareware and knew for a fact I'd gotten it free. Good ol' curiosity again!



PhiloVance
Other hobbies, interests: Travel, Model RR (HO Gauge), Genealogy.
 
Unless there is some kind of disclaimer in the license agreement that specifically state you agree to abide by future changes to said agreement, you are bound only by the agreement that shipped with the package at the time you bought it.

To the best of my knowlewdge, the software and the agreement accompanying it are considered a unit. The software with the new agreement would be a different unit whether the software changed or not. I would even risk the statement thatyou are still free to redistribute the package you have unmodified (if the original agreement allowed that as most do.) (I would be careful thouogh, I'm sure a good lawyer could get around this - that's what they do - besides collect money.)
Jeff
masterracker@hotmail.com

If everything seems to be going well: you don't have enough information.......
 

I agree with Jeff!

Moreover, too many vendors (usually not computer related) have these wonderful offers and they stick a fine print "applies to NEW customers only". Nothing makes angrier than this statement. I could have given that vendor my business for years and when they have a good deal, they exclude me!
Tarek

The more I learn, the more I need to learn!
 
yes, and what's even worst, is that sometimes you paid and are still paying for a service ... that is now FREE for new users, and actually works BETTER when free !!!! (seen that here with gsm phones : unlimited free phone calls have a better network/service than those who are paying and this for the SAME operator !!!!!!! but they won't let you unsubscribe for at least one year, so you can't be "new") THIS makes me even angrier than the "for new users" ;))
 
I was with an ISP for about 2 years, when all of a sudden they began advertising on TV, 'Register now and get 6 months free'. So I tried to get my 6 months free, but they wouldn't go for it. I explained that I had been a loyal customer for nearly 2 years and should get something more than someone who had not even heard of this ISP before the offer. They in effect said 'to H--l with you'. Needless to say, I'm not with them anymore and they went belly up a few months later. I think the free offers generally signify 'trouble in paradise', and are more or less the last straw before going broke.

This brings to mind the 'credit card offers' that offer as low as 0%. READ THE FINE PRINT!!! These people give you the low interest rate for about 3 months and then it hits, 15-25% from there on out. I still get 1 or 2 of these offers a day.

May as well rant on...Coupons that require 1 of this, 7 of that, and mail us the UPC symbol and 'original' register receipt and we'll send you 2.00 back. Costs you more in time than it's worth. Rebates are another thing altogether. Why not just lower the price in the first place???

Boy I carry on, and VB400, you started it..


Jes' Kidding!!!

PV B-(

PhiloVance
Other hobbies, interests: Travel, Model RR (HO Gauge), Genealogy.
 

It actually feels good to know that I'm not the only one that feels that way.

This forum is so theraputic, I check for new posts at least once a day!
Tarek

The more I learn, the more I need to learn!
 
Philo, do you have a written agreement with Jetico that allows you to continue using the current version of the software? Something other than a read-me file that states the software is (or was) free?

A simple "file" would never stand up in court. If you are using software that requires payment of $30, how would you ever hope to prove that you are using it legally without a printed notice from Jetico certifying that fact?

Interesting delemna.

"Technological progress is like an ax in the hands of a pathological criminal"
Albert Einstein
[/center]
 
... mmmm... how would jetico prove philo KNEW the soft was NOT free/shareware when he download it ? !
 
Index...

Thought I had posted an answer to this, but it never appeared. Anyway the answer to your question is I don't know. I'm at work now, but will check when I get home. Perhaps there is a license agreement somewhere. Usually when you install it there's an option to print it, but I never do. I may have to install it from the zip file to find out.

Good Question! :cool:

PhiloVance
Other hobbies, interests: Travel, Model RR (HO Gauge), Genealogy.
 
Could not find an agreement, so tried to install again, but no eula came up. Heck, I don't know what to do.

PhiloVance
Other hobbies, interests: Travel, Model RR (HO Gauge), Genealogy.
 

My gut feeling is that you should be able to use the software. If the readme file clearly states that it is free for you own use with no expiration date then I see no problem. It is not my responsibility that they decide to charge for it later.

Face it, what if they had charged you $30 for the software when you first got it and then they raised the price to $99 -- would you expect to pay the difference? What if it went from $1 to $31? What if it went from $0 to $30? I think you get my point.

Ethically speaking, I would feel that I'm doing no wrong!

By the way, I don't copy anyone's software and I don't let anybody use mine. If I install software from work on my own machine, it is for work related assignments and the client has enough licenses to cover my installation.
Tarek

The more I learn, the more I need to learn!
 
Sometimes they thank you for being a beta-tester, but warn you that, unless you pay up now, updates & support will not be available to you in the future. I had this experience with my Computer Associates anti-virus program. Inoculan (freeware), became InoculateIT (freeware), which is now E-Z Antivirus (shareware). Also, I currently use Bigfix. Despite the critics, I happen to like it, and it is freeware for now, but for how long, it's anyone's guess.
 
I would say in my opinion that you are STILL free to use it. It's like buying something then the price goes up. You do not have to pay for the increase.

On the other hand.... if you use this software a LOT, as in everyday. I would email the author stating your facts and I would think they would let you use it without payment.



Just my 2 1/2 cents worth , which I charge 3 cents for.

- NOnoy
 
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