Date: 12 Nov 92 00:39:09 EST
>From: "William Oldacre [76114,2307]" <76114.2307@COMPUSERVE.COM>
Subject: File 6--Another view of Software Piracy
 
                    DANGER:  DIRMAGIC.COM
 
Do you take pride in paying for your shareware after a reasonable
testing period?  Do you religiously avoid pirated software?  Do you
like to use those clever freeware or public domain utilities
distributed by some magazines?
 
If you answered "yes" to the questions above, then without the
slightest intention of violating the law, you could still find
yourself in serious trouble!
 
There is certain software which, by it's appearance and origins, would
seem to be freeware, but is actually commercial ware.  A case in point
is the Directory Magic program written by Michael J. Mefford:
DIRMAGIC.COM. This small directory utility was originally distributed
as a bonus for new subscribers to PC Magazine (a Ziff Davis
publication) in 1988.  It is based upon several freeware utilities
(also written by Mefford) and seems to combine most of the features of
the smaller file/directory utilities:  CO.COM, DR.COM, and RN.COM.
Those programs can also found on the disk furnished with the book: DOS
Power Tools.  They continue to be distributed for free by ZiffNet on
Compuserve.
 
DIRMAGIC.COM and it's front end program, DM.COM, have never been
distributed as freeware or shareware.  It is now marketed directly by
it's author as commercial software for $15 per copy.  Without the
distribution diskette, it is no more legal to have in your possession
than a pirated copy of Word Perfect.  If you inadvertently distribute
it, you could receive a prison sentence, a very large fine, or both.
 
Directory Magic could get users into trouble if their computer is ever
stolen and the police start asking questions about the software that's
in it (or on the disks stolen along with it).  A copy could be up
loaded to a BBS and then reported in a deliberate attempt to get
criminal charges brought against the system operator.  Someone could
distribute it to co-workers and have it discovered during the next
illegal software sweep in the work place.
 
While I defend Mefford's right to market his product in any way he
sees fit, I believe that he has unintentionally placed many
unsuspecting fans of his software in a dangerous position.  Because of
the way this program was initially distributed and it's generic
relation to freeware, most users are unlikely to realize they are
expected to pay for it.
 
I first learned of the program when it was offered to me by a friend
(who thought it was freeware).  Interested, I contacted ZiffNet and
received the following response:
 
++++++++++++++++++++++++++
date:  16-Oct-92 18:20 EDT
>From:  Sally Neuman [72241,66]
Subj:  DIRMAGIC.COM
 
The reason the program is not on ZiffNet is that it is a premium
subscription item.  Folks who subscribed to PC Mag. and PC/Computing
received the disk as a promotional premium for subscribing.
 
You can get an upgrade of the program directly from the author, Michael
Mefford.  Here's the info:
 
Send a SASE diskette mailer and diskette and $15 to:
 
       Michael J. Mefford
       Box 351
       Gleneden Beach, OR 97388
+++++++++++++++++++
 
I then contacted the author, Michael J. Mefford, directly at his
Compuserve address.  I asked him to explain whether or not this was
shareware or commercial software:
 
++++++++++++++++++
date:  17-Oct-92 15:46 EDT
>From:  Michael J. Mefford PCMAG [72241,161]
Subj:  DIRMAGIC.COM
 
           DirMagic has been upgraded to be compatible
           with DOS 4 and DOS 5.
 
           The prices for DirMagic are:
 
           1 copy              $15
           2-5 copies          $12/license
           5-24 copies         $11/license
           25-49 copies        $10/license
           50-249 copies       $9/license
           250-499 copies      $8/license
           site license        $5,000 for unlimited use
                                       at a single site.
 
          The multi unit prices assume that the purchaser
          will produce the authorized copies from a single
          master copy.
 
          Add $2.00 per disk for each addition disk copy.
 
          DirMagic is normally shipped on a 360K 5.25"
          floppy disk.  It is available on a 720K 3.5".
 
          For ordering make checks payable to
 
                      Michael J. Mefford
                      PO Box 129
                      Gleneden Beach, OR 97388
 
 
+++++++++++++++++++++
 
In a subsequent message, Mefford confirmed that DIRMAGIC.COM is
commercial software.  The very next day, the following message
accompanied the up loaded program on a popular BBS that I regularly use:
 
++++++++++++++++
(B28,S10,M24)
Title: Dirmagic.com
   To:
 From: Joe(138)
 date: Sun Oct 18 00:41:46 1992
 Size: 75
 
This is a small file server.  It is virus-free.
 
* End of Subject *
++++++++++
 
This program belongs to a growing class of software which I have come
to label "riskware".  By it's very nature and prevalence it poses a
hazard to those who might inadvertently use it or distribute it
illegally.  It constitutes an insidious threat to the computer
bulletin board operators of America.
 
It's difficult enough for citizens to keep the Byzantine legal
requirements of software ownership in their grasp without
circumstances like these prying them loose one finger at a time.
 
------------------------------
 

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