Free Software: you can’t even give it away

This last was done for half-altruistic, half-selfish reasons, much as detailed in Eric Raymond’s essay Homesteading the Noosphere: altruistic because I want as many people as possible to gain advantage from the software, and selfish because it’s largely (though not entirely) for recognition and “fame” that I do so. Although I looked at the GPL, and used it for a while, I didn’t like the fact that it prohibited commercial use of my code, and commercial concerns still count to me as people among whom recognition and fame can be sought. In fact, several fairly large players in the Acorn market do use or plan to use InterGif in commercial products. In the terminology of the Homesteading essay, it’s a category killer, at least on the Acorn platform (very few people use the Windows or Linux versions). That’s admittedly a boast, but it’s being able to boast of stuff like that which, as Raymond’s essay more tactfully points out, motivates and drives the entire open source movement.

However, not everyone seems able to get their heads round the idea that quality software can be free. (I’ve seen one Web site with the heading “Quality Free Software”, which is ambiguous in a rather unfortunate manner...)

InterGif

Impressed at the thought of how clever a GIF optimiser three megs would buy, I went straight to their Web site only to find that it wasn’t nearly as clever (didn’t optimise nearly as well) as InterGif. GIF Wizard doesn’t optimise as well either. I toyed with several ideas of what to do next:

• Email the people at GIF Wizard and/or Website Garage pointing out that they could be using my free code instead.
• Hastily remove InterGif and its sources from my Web pages and email the people at GIF Wizard and/or Website Garage offering them a non-exclusive licence to the code for $100,000.
• Scuttle off to a venture capitalist and ask for four million dollars to, er, develop, an optimiser better than theirs.
• Send an email to Bob Metcalfe pointing out that there were better optimisers than the ones he was lauding.

Hi there, I’ve just had your May 11 InfoWorld article pointed out to me: the one about GIF Wizard and websitegarage. Optimising GIF images for efficiency of download is something I’ve been looking into for a while, and I’ve written a program called InterGif, now in version 6, whose optimiser performs substantially better than the ones in GIF Wizard and websitegarage. You can see sample results for yourself at http://www.ant.co.uk/~peter/software/intergif/compare.htm where InterGif seems to optimise 1%-7% better than GIF Wizard and 11%-34% better than websitegarage. InterGif is not a commercial product: binaries and source code for Windows and Linux are freely available (and freely redistributable) from http://www.ant.co.uk/~peter/software/intergif.htm You can’t actually use it on-line like you can GIF Wizard, but then in most situations (e.g. home users with dial-ups) this is actually an advantage as GIFs can be prepared while offline. Nor does InterGif have the ability to scan whole pages or sites the way GIF Wizard does. However, your article focussed on GIF optimisation, and that’s something that can be done a lot better than either GIF Wizard or websitegarage does it. It’s a little galling to read that someone’s attracted $3M of venture capital for a product that’s significantly inferior to something I’ve been giving away for years! And it’s further galling that neither websitegarage’s founders, nor seemingly their venture capitalists, bothered to find out that free source code for a better optimiser was already available on the Internet. Isn’t there something called “due diligence” or somesuch?           Peter

Dear Peter, Thanks for your note, in which you are galled. My view: In the real world, most people don’t want free software, or rather price is not their only or even highest consideration – free software is often worth every penny you pay for it. They want other things and are quite willing to pay. Why not start a company and compete with those that gall you. Your company would have to find out and appeal to why people don’t just download your free software, but instead prefer to pay for “inferior” software. Don’t get angry, get even. And good luck. /Bob Metcalfe

Automaton Wars

Subject: License Fee Proposal Dear Peter Hartley, The editors at Bonus.com, the SuperSite for Kids like your excellent work: Automaton Wars at http://www.ant.co.uk/~peter/java/autowars.html That’s why we are writing. We would like to discuss a proposition with you regarding the licensing of this work for the Bonus.com web site. Please get back to us back at your earliest convenience. Sincerely, Lucy Managing Editor http://www.bonus.com The SuperSite for Kids

On Fri 08 May, Lucy wrote: > Please get back to us back at your earliest convenience. Lucy, I’m a bit confused... your site already carries Automaton Wars! (And the other week when you made it Game of the Day or something my site took loads of hits.) If you want to do anything else with Automaton Wars, please go right ahead! As stated on my web page, I don’t claim copyright on the game, and as long as you leave my name on it you are welcome to use the binaries or sources for anything you choose. People can always play the game free on my web site, so I don’t see why you should be thinking of paying a fee for it.           Peter

Hi Peter, Thanks for your reply. What we were interested in was buying the non-exclusive rights to your source code so that we can upload the game onto our server, rather than merely presenting the game from your server. But you said the key words: copyright. Since it is not yours to sell, than I’m sorry that we can not buy. Do you know who holds the copyright? I am glad, nonetheless, that you are receiving a wide viewership from the Bonus audience. :) I welcome your further comments and questions. Kind Regards, Marni Production Editor http://www.bonus.com The SuperSite for Kids

On Fri 15 May, Marni wrote: > Do you know who holds the copyright? Nobody does. I wrote it. Only I would be entitled to claim the copyright. I have declared that I shall not, because I think doing that would unfairly stop people like you from using it on things like Bonus. You do not have to buy non-exclusive rights to the source code, because you already have non-exclusive rights to the source code! I give those free to everyone. Sorry if you misunderstood my position: I’m trying to be helpful to people wanting to use the sources! If you’d feel happier with explicit permission, then here: as the author of the code I’m very happy with you uploading it onto your server, serving it from your server, and even altering it if you want and serving the altered versions, just as long as you don’t remove my name from it. You need ask nobody else’s permission. Glad you like the game,           Peter   PS. The ZIP file available from the Automaton Wars page contains all the class files, GIFs and so on that you’ll need to serve the game. The only complication is the “Hall of Fame” stuff which uses some CGI scripts here on ANT’s web server, but if you like I could easily build you a version which just doesn’t have the Hall of Fame feature. (In fact, the current version probably just silently ignores any failure to reach the Hall of Fame scripts, so it should be fine.) Or if you’re a Java hack you could hack it yourself. PPS. Formally speaking, under English law I have placed Automaton Wars “in the public domain”: that’s to say, I’ve declared that even though I wrote it, I disclaim the copyright and disclaim any control over who copies it. Under English law nobody, including me, can now claim copyright on it. If US law (California law?) doesn’t allow for such a concept, then I can see where you’re getting confused... :-)

Hi Peter, We would like to move forward with you on the non-exclusive licensing of Reversed. You can expect to receive an official document via e-mail early next week. Kind Regards, Marni Production Editor http://www.bonus.com The SuperSite for Kids

Subject: part 2/License Fee Proposal--Automaton Wars Sorry for the typo with the title of your game... ......... Hi Peter, We would like to move forward with you on the non-exclusive licensing of Automaton Wars. You can expect to receive an official document via e-mail early next week. Kind Regards, Marni Production Editor http://www.bonus.com The SuperSite for Kids

Subject: Acquisition Proposal Dear Ben, We are writing today with a proposition that we hope you find intriguing. As you are aware, your excellent work, Automaton Wars at http://www.ant.co.uk/~peter/java/autowars.html is now being presented through Bonus.com the SuperSite for Kids, from your own server. However, we would now like to offer you a one-time licensing fee of $100 ******************************* in exchange for granting us the non-exclusive, unlimited rights to reproduce and distribute this work. This non-exclusive license agreement means that you would still have all the rights to present, modify, distribute or do whatever you’d like with this work. Appaloosa Interactive Corporation and its subsidiary company, Bonus.com, would have the right to reproduce and present this work through the World Wide Web, modify the work if necessary, and distribute it through any other means without limitations in space or time. As part of the Bonus.com presentation, we will indicate the name(s) of the work’s original author(s). In exchange for the one-time $100 licensing fee, we will need to receive from you the following: 1. the software code and graphic art that will allow us to reproduce this work, and 2. a signed agreement form (below) with your full mailing address, printed out and sent by mail to our office address (see below). Upon receipt of your signed form, and after we have been able to reproduce the work successfully, Appaloosa Interactive Corporation, parent company of the Bonus Network Corporation, will send you, within 10 business days, the check with the $100 one-time licensing fee. We hope this proposal meets with your approval. Of course, we are always glad to hear about your other works. Sincerely, Lucy, Managing Editor, http://WWW.BONUS.COM The SuperSite for Kids PLEASE PRINT AND SIGN THE FORM BELOW, THEN SEND IT BY POSTAL MAIL TO: Appaloosa Interactive Corporation & Bonus.com 824 San Antonio Road Palo Alto, CA 94303-4617 Attention: Editorial Department *********************** LICENSING AGREEMENT *********************** In signing this licensing agreement, I do hereby state that I have the right to grant Appaloosa Interactive Corporation the license described below. I agree to accept a one-time $100 licensing fee from Appaloosa Interactive Corporation, publisher of Bonus.com the SuperSite for Kids. I understand that granting this license to Appaloosa Interactive Corporation will not limit my own rights to present or distribute this work. In exchange for this fee, I grant Appaloosa Interactive Corporation, its subsidiaries, affiliates and assigns, non-exclusive, unlimited in time and space, rights to reproduce the work: Automaton Wars at http://www.ant.co.uk/~peter/java/autowars.html and present it as part of (but not limited to) the Bonus.com selection. Appaloosa Interactive Corporation may also modify this work if necessary and distribute it by any other means. I further agree to make available to the Appaloosa Interactive Corporation the software and artwork necessary to reproduce this work. I acknowledge that I will only receive the one-time, $100 licensing fee, once Appaloosa Interactive has been able to reproduce this work successfully. Signed and agreed upon in full: Signature of person granting the license X:_________________ Name (please print) _________________ Date _________________ Mailing Address _________________ _________________ City State Zip

On Mon 01 Jun, Marni wrote: > We are writing today with a proposition that we hope you find > intriguing. “Intriguing” is the right word. Marni, Lucy, why are you so intent on handing me money in exchange for “rights” to Automaton Wars which you already have? You don’t need Bill Gates’ personal signature on a bit of physical paper to be legally and contractually allowed to use or redistribute Internet Explorer: that you agree to do so in accordance with its conditions of use is sufficient. Likewise, as long as you comply with the conditions of use of Automaton Wars (of which there is only one, that you do not claim code written by me as your own work) then you are legally and contractually allowed to use or redistribute it. > Bonus.com, would have the right to reproduce and present this work There’s no need for “would have”. You already have that right. Everyone does. > In exchange for the one-time $100 licensing fee, we will need > to receive from you the following: > > 1. the software code and graphic art that will allow us to > reproduce this work, and I explained several emails ago where to find a freely-available archive containing this information, but for completeness’s sake I’ve attached a copy to this email as well. > We hope this proposal meets with your approval. Of course, we > are always glad to hear about your other works. I approve of every part of your proposal except the bit where you pay me money for some“thing” I have already given you, and which I have strong philosophical objections to charging money for. I trust I have given sufficiently explicit permission that you will now be using Automaton Wars on your site even though I have deprived you of the pleasure of giving your money away.           Peter   PS. May I publish our correspondance on my web site? I’m sure many other authors of free software would be interested in how difficult I’m finding it to give software away.

Subject: licensing proposal - Automation Wars Dear Peter, Let us please clarify. 1. You will send us the software code and graphic art that will allow us to reproduce the game Automation Wars 2. PROVIDED we do not claim code written by YOU as our own work We are happy to comply with condition #2. You are this game’s original author and should be given due credit. Can we expect to receive the items listed in condition #1? Thank you. Lucy Managing Editor Bonus.com the SuperSite for Kids

>>Attachment Converted: “C:\ATTACH\autozip,ddc” >> >Attachment Converted: “d:\eudora\attach\autozip,ddc1” >

On Fri 05 Jun, Lucy wrote: > Dear Peter, > > Let us please clarify. > > 1. You will send us the software code and graphic art that will > allow us to reproduce the game Automation Wars > > 2. PROVIDED we do not claim code written by YOU as our own work > > We are happy to comply with condition #2. You are this game’s > original author and should be given due credit. Great, that’s fine. > Can we expect to receive the items listed in condition #1? I attached a zip file to my previous email. From the look of this: > >>Attachment Converted: “C:\ATTACH\autozip,ddc” > >> > >Attachment Converted: “d:\eudora\attach\autozip,ddc1” you did receive it, but with the wrong filename. If you rename it to “auto.zip”, you should be able to open it and access all the code and graphics. Alternatively, you can go to http://www.ant.co.uk/~peter/java/autowars.htm and shift-click on the link to “ZIP file” in the section “The source”. Any comments on this proposal of mine: >>> PS. May I publish our correspondance on my web site? I’m sure >>> many other authors of free software would be interested in >>> how difficult I’m finding it to give software away.           Peter

All Rites Reversed -- Copy What You Like