Expert: Rene Hasekamp - 7/26/2010

Question
Dear Rene Hasekamp,

I have noticed that many Freeware have a legal note stating “free for non-commercial use” I wanted to ask you about three different scenarios and whether they are in breach of this legal notice...

1) A IT Technician (sole trader) is specialised in improving computer performance, primarily by the use of free software such as cCleaner & AVG –NOT any illegal or cracked software- ... He charges a small fee for this service (not for the software but for his work, time and expertise) and with the service package he offers he also includes CD which has these freeware on, with tutorials and instructions, which he gives to the customers.

2) Same scenario as above only this time his customers want more than one CD so he offers any CD for £1/$1... So what is the small charge for? For the cost of the original CD, and the extra instructions and tutorials included.

3) The technician doesn’t include the CD as part of any package or deal but instead gives it as a ‘free gift’ to keep his customers happy (and so that they can use this free software themselves without any assistance).

I’m not expert on Software or Law (copyright) so please excuse my ignorance..

Thank you for your time,
Ray.

Answer
To start with: I am not an expert in licensing and copyright, but i believe the following is correct:

- 1) In my opinion the expert does not violate the license agreement of free software. He mat charge for his services, but gives and uses the software free of charge.

- 2) If the small charge is a reasonable charge for the cost o0f the blank cd and for his giving assistance, I see no problem.

- 3) This looks correct. He may distribute the software free of charge.

So I see no problems with any of these situations. But again, I am not really and expert in licensing.

Regards,
Rene Hasekamp.