Question - When did the term "Freeware" gain common use?

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It seems a lot of 80's games, and some 90's, claim to be "in the public
domain". In the current sense this means "Do whatever you want with it"
(right?), but when I was a kid I always thought it was what we
currently call "freeware". In a lot of the oldest references I've seen
it seems to mean "publically acessable", in the way a library is in the
public domain.

I don't mean to start a copyright thread, I'm just curious about the
portablility of games like SDJ's Dracula in London. Did saying it was
public domain then mean the same thing as it would now?
 
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AFAIK, declaring a program to be "in the public domain" means anyone
who accesses it and obtains it has the right to practically do anything
he wants. He can copy the program multiple times and distribute it to
anyone, and even disassemble it or something like that.

"Freeware," as I understand it, is pretty much like what most of the
IF products are in the Archive: the prospective player is free to play
it, use it, copy and distribute it, but the author remains the rights
to the program. The player cannot sell it or claim it as his own. If
it's in the public domain, he can.

Quoting Bugs Bunny, "of course, I can be wrong..." :)
 
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Jon Ripley wrote:

[hella snip]

> HTH,
> Jon Ripley,
> --
> http://jonripley.com/
> Freeware author

Very informative, thank you.

I've decided that Steven D. Jones is mentally divergent anyway. Despite
the game several times refering to itself as "public domain", he
includes this:

¦DRACULA in London program copyright¦
¦(c) 1988 by SDJ Enterprises, Inc. ¦
¦ ¦
¦All rights reserved. No part of this¦
¦publication may be reproduced, stored¦
¦in a retrieval system,or transmitted,¦
¦in any form or by any means, elec-¦
¦tronic, mechanical, photocopying,¦
¦recording, or otherwise, without the¦
¦express, prior written permission of¦
¦SDJ Enterprises, Inc. ¦
+-------------------------------------+

Nowhere in the documentation or game itself does he give any of these
"permissions", so it really can't be considered Public Domain in any
sense. This is probably just a generic cut 'n' paste though, as most
software liscenses don't exclude photocopying.
 
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"Eizua" <sendspam_here@mailinator.com> wrote in message
news:1119605757.471700.34880@z14g2000cwz.googlegroups.com...

> "Freeware," as I understand it, is pretty much like what most of the
> IF products are in the Archive: the prospective player is free to play
> it, use it, copy and distribute it, but the author remains the rights
> to the program. The player cannot sell it or claim it as his own. If
> it's in the public domain, he can.

That's my understanding as well. Public Domain means the program is not
copyrighted. Freeware is still copyrighted by the author.

--- Mike.
 
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JohnnyMrNinja wrote:
> It seems a lot of 80's games, and some 90's, claim to be "in the public
> domain". In the current sense this means "Do whatever you want with it"
> (right?), but when I was a kid I always thought it was what we
> currently call "freeware". In a lot of the oldest references I've seen
> it seems to mean "publically acessable", in the way a library is in the
> public domain.

The Wikipedia article on freeware states:

"Freeware is computer software which is made available gratis/free of
charge. Typically freeware is proprietary; distributed without source
code. It usually carries a license that permits redistribution but may
have other restrictions, such as limitations on its commercial use. For
example, a license might allow the software to be freely copied, but not
sold, or might forbid use by government agencies or armed forces.

The term was coined by Andrew Fluegelman when he wanted to distribute a
communications program named PC-Talk that he had created but for which
he did not wish to use traditional methods of distribution because of
their cost. Previously, he held a trademark on the term "freeware" but
this trademark has since been abandoned. He actually distributed PC-Talk
via what is now referred to as shareware."

http://en.wikipedia.org/wiki/Freeware

The GNU site notes:

"The term ``freeware'' has no clear accepted definition, but it is
commonly used for packages which permit redistribution but not
modification (and their source code is not available). These packages
are not free software, so please don't use ``freeware'' to refer to free
software."

http://www.gnu.org/philosophy/categories.html#freeware

A Google definitions search on Public Domain and Freeware throws up some
useful information:

http://www.google.co.uk/search?q=define%3Apublic+domain

http://www.google.co.uk/search?q=define%3Afreeware

IMHO the term 'Public Domain' use to be used incorrectly to mean what we
now refer to as 'Freeware'. There is a difference between 'Freeware' and
'Free Software' which the above reflects.

For public domain here are a few useful quotes, see the above Google
search for attributions. The term seems to have been in use for at least
eighty years.

"Anyone may reproduce, sell, or otherwise use a public domain work
without having to obtain permission."

"Public Domain refers to the status of a work having no copyright
protection and, therefore, belonging to the world. When a work is "in"
or has "fallen into" public domain it means it is available for
unrestricted use by anyone. Permission and/or payment are not required
for use. Except with respect to certain foreign-originated works
eligible for restoration of copyright, once a work falls into the public
domain ("PD"), it can never be recaptured by the owner."

"Any work that is not covered by copyright registration is considered to
be in the public domain. This includes works created before 1922,
created for public use, or those works that have over the years fallen
into public domain because the copyright expired. This includes
documents of the United States government, unless stated otherwise."

HTH,
Jon Ripley,
--
http://jonripley.com/
Freeware author
 
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The copyright law in most countries is crystal clear in defining the
term "public domain." Modern statutes make it clear that while a
potential copyright owner may choose to designate a work as
public-domain, they must expressly and unequivocably do so;
public-domain status is never to be assumed, even given the absence of
a copyright notice.

The term "freeware" simply means that the copyright owner chooses to
furnish a work at no charge to the recipient; it does not mean that the
work is free from copyright.

It is unwise to assume that any work is "public domain" unless the work
itself expressly says so, and unless there is good reason to believe
that this statement is both genuine and is made by a party with the
authority to make it. If you are assembling an on-line or physical
compilation of works, even on your own web-site, it is prudent to
exercise "due diligence" and to obtain and retain _written_ evidence of
your diligence with regard to each and every work. As a copyright
owner you would expect no less.
 
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HLA Adventure is clearly marked as "Public Domain."

"Written in Randall Hyde's HLA (High Level Assembly) language, this
adventure game utilizes my previous "Westfront PC: The Trials of
Guilder" gaming engine for room descriptions, inventory items,
battle sequences, and items/monsters.

My ultimate intention was for others to eventually contribute to
this project. That being said, as of May 14, 2003 I am releasing
"HLA Adventure" (as I call it) into the Public Domain. The source
code is included for others who wish to add to the game as time
goes on."

See: http://creativecommons.org/licenses/publicdomain/

and

http://creativecommons.org/licenses/by/2.0/

Paul

sundialsvc4 wrote:
> The copyright law in most countries is crystal clear in defining the
> term "public domain." Modern statutes make it clear that while a
> potential copyright owner may choose to designate a work as
> public-domain, they must expressly and unequivocably do so;
> public-domain status is never to be assumed, even given the absence of
> a copyright notice.
>
> The term "freeware" simply means that the copyright owner chooses to
> furnish a work at no charge to the recipient; it does not mean that the
> work is free from copyright.
>
> It is unwise to assume that any work is "public domain" unless the work
> itself expressly says so, and unless there is good reason to believe
> that this statement is both genuine and is made by a party with the
> authority to make it. If you are assembling an on-line or physical
> compilation of works, even on your own web-site, it is prudent to
> exercise "due diligence" and to obtain and retain _written_ evidence of
> your diligence with regard to each and every work. As a copyright
> owner you would expect no less.
 
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In article <1119603869.292248.126730@f14g2000cwb.googlegroups.com>,
JohnnyMrNinja <JohnnyMrNinja@gmail.com> wrote:
>It seems a lot of 80's games, and some 90's, claim to be "in the public
>domain".

Do you mean that the games themselves claim this, or that download sites you
find on the Internet nowadays say this?
--
mattack@gmail.com
 
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In article <1119646632.100430.222230@g43g2000cwa.googlegroups.com>,
sundialsvc4 <gargle@sundialservices.com> wrote:
>The copyright law in most countries is crystal clear in defining the
>term "public domain." Modern statutes make it clear that while a
>potential copyright owner may choose to designate a work as
>public-domain, they must expressly and unequivocably do so;
>public-domain status is never to be assumed, even given the absence of
>a copyright notice.

The US has no statute allowing a potential copyright owner to
designate a work as public domain.

Anyway, with each tightening of copyright restrictions, I run the old
Jolly Roger up a bit higher.
 
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mattack@gmail.com wrote:
> In article <1119603869.292248.126730@f14g2000cwb.googlegroups.com>,
> JohnnyMrNinja <JohnnyMrNinja@gmail.com> wrote:
> >It seems a lot of 80's games, and some 90's, claim to be "in the public
> >domain".
>
> Do you mean that the games themselves claim this, or that download sites you
> find on the Internet nowadays say this?
> --
> mattack@gmail.com

Either the games themselves or the labels on the floppies (I still have
a large 5¼ collection even though my drive kamakazed years ago).

I truly don't know if any game has ever been released as "abandonware";
would that defeat the purpose? A game that was never marketed,
maintained, or supported (maybe ZTUU?).
 
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On 3 Jul 2005 02:09:31 -0700, "JohnnyMrNinja"
<JohnnyMrNinja@gmail.com> wrote:

>mattack@gmail.com wrote:
>> In article <1119603869.292248.126730@f14g2000cwb.googlegroups.com>,
>> JohnnyMrNinja <JohnnyMrNinja@gmail.com> wrote:
>> >It seems a lot of 80's games, and some 90's, claim to be "in the public
>> >domain".
>>
>> Do you mean that the games themselves claim this, or that download sites you
>> find on the Internet nowadays say this?
>> --
>> mattack@gmail.com
>
>Either the games themselves or the labels on the floppies (I still have
>a large 5¼ collection even though my drive kamakazed years ago).
>
>I truly don't know if any game has ever been released as "abandonware";
>would that defeat the purpose? A game that was never marketed,
>maintained, or supported (maybe ZTUU?).

ZTUU was released as a promotional freebie for another (Zork) game
that Activision was releasing commercially. IIRC it was originally
downloaded from Activision's web site and required a bit of
exploration to locate and download the game and/or a "help"/"hints"
file from within a part of the site advertising/promoting the new
game. Pretty sure Activision maintained this for quite a long time
after the commercial game was released.

My memory not being all it might be, let's look at some more accurate
sources of information. Hmm, Activision must have maintained this for
years because I didn't even have an internet connection until 2 or 3
years after the ZTUU copyright year and I'm sure I got the help file
from Activision's web site because I remember searching for it which
was actually pretty entertaining and a bit of a challenge.

=========
Copied from the opening of the game:

Zork: The Undiscovered Underground, a text adventure prequel to Zork
[MORE]Grand Inquisitor
Copyright 1997 by Activision Inc.
Written by Marc Blank and Mike Berlyn, programmed by Gerry Kevin
Wilson.
Release 16 / Serial number 970828 / Inform v6.13 Library 6/2
Standard interpreter 1.0


==============
Copied from the ZTUU manual:

Getting Hints
Stuck? We've hidden a hints document on the Zork Grand Inquisitor
Website. Search around to find it.
_____________________________________ (c) 1997 Activision. Zork is a
registered trademark of Activision, Inc.
==============
The map also has a copyright on it, BTW.

I don't see any of the usual statements about restrictions on
reproduction anywhere. Neither do I see any explicit permission to
reproduce or distribute statements that normally accompany freeware.
Activision doesn't seem to have been concerned about the matter or the
fate of the game after they abandoned furnishing it as a promotional
item. I'd speculate Activision may have felt any later third party
distribution would be beneficial as continued free advertising for
Activision.

Looks to me as though ZTUU was released as "abandonware" or
"abandonware-to-be" whose purpose was to promote Zork Grand Inquistor
and Activision in general. Also looks to me as though it is
continuing to serve its secondary purpose pretty well to Activision's
advantage.

Any other candidates for IF (or other) games released as
"abandonware"?

Cheers,

BEH
 
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Blue Event Horizon wrote:
> Any other candidates for IF (or other) games released as
> "abandonware"?
>
> Cheers,
>
> BEH

Bethsaida Software has released their 1995 CRPG "Arena" to the public
through their website.

Cirk R. Bejnar
 

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