What is commercial use?

[Anthony Giorgianni]

Hello All

This just came to mind: When a freeware says it's free for personal,
non-commercial use, does that mean I can't sell it or, that I can't use it
in a business AT ALL? For example, if I use an app on my home computer that
I really like - a clipboard extender, for example, would I violate the
non-commercial use if I were to install it on my computer at work? What if
I take my personal laptop to work and use it for business part of the time?
Also, what if I'm a freelancer who works at home? Am I violating the policy
if I don't disable the software while I'm using my computer for my freelance
business? Can I re-enable the software while I'm using the computer for
personal use, or can I not use it AT ALL if the computer is used for
business purposes only part of the time.

I know this may differ from software to software and my be specifically
addressed in the license agreement. But what if it isn't. Are there general
rules to follow?

I hope these are not dumb questions.

Thanks.


--
Regards,
Anthony Giorgianni

The return address for this post is fictitious. Please reply by posting back
to the newsgroup.

 

[Harvey Van Sickle]

On 15 Sep 2004, Anthony Giorgianni wrote

Hello All

This just came to mind: When a freeware says it's free for
personal, non-commercial use, does that mean I can't sell it or,
that I can't use it in a business AT ALL?

The latter, in my view. (All the following comments should be prefaced
with IMO...

For example, if I use an app on my home computer that I really
like - a clipboard extender, for example, would I violate the
non-commercial use if I were to install it on my computer at work?

I'd assume that's breaking the licence: you're using it for business
purposes, not "personal, non-commercial". (I think it's got to be
*both* personal *and* non-commercial for the licence to be valid.)

What if I take my personal laptop to work and use it for business
part of the time?

Again, I'd say illegal.

Also, what if I'm a freelancer who works at home?

That's me!

Am I violating the policy if I don't disable the software while
I'm using my computer for my freelance business?

You don't have to disable it, but you shouldn't be using it for the
business work that you do.

Can I re-enable the software while I'm using the computer for
personal use, or can I not use it AT ALL if the computer is used
for business purposes only part of the time.

I don't think the licence says usable "only on a computer which is used
for personal, non-commercial work". It's the type of work that's being
done with program that matters, not the type of computer it's on.

I know this may differ from software to software and my be
specifically addressed in the license agreement. But what if it
isn't. Are there general rules to follow?

Yeah: if it's being used for "personal, non-commercial" purposes, it's
valid. If it's being used for any other combination -- "personal, but
commercial", or "joint, but non-commercial" -- it's not valid.

That's how I'd read it, anyway.

 

[Roger Johansson]

This just came to mind: When a freeware says it's free for personal,
non-commercial use, does that mean I can't sell it

Of course you cannot sell it, you are not the owner.

or, that I can't use it in a business AT ALL?

You cannot use in business at all.

For example, if I use an app on my home
computer that I really like - a clipboard extender, for example, would
I violate the non-commercial use if I were to install it on my computer
at work?

Only if you use it in your work. If you have to use the clipboard in
your work you must disable the freeware clipboard extender while working.

What if I take my personal laptop to work and use it for
business part of the time? Also, what if I'm a freelancer who works at
home? Am I violating the policy if I don't disable the software while
I'm using my computer for my freelance business? Can I re-enable the
software while I'm using the computer for personal use,

It doesn't matter if it is installed or not, on any computer, the
important thing is that you cannot use it in the line of your work in any
way.

or can I not use it AT ALL if the computer is used for business
purposes only part of the time.

If you cheat on your employer and play games or check your private
mail while you are in your workplace you can use freeware licensed for
non-commercial use, because you do not use it for your work, you do not
make money with it. You are not working while you use it.
It does not contribute to your work for money in any way.

I know this may differ from software to software and my be specifically
addressed in the license agreement. But what if it isn't. Are there
general rules to follow?

Some simple common sense should be enough.

 

[B. R. 'BeAr' Ederson]

I know this may differ from software to software and my be specifically
addressed in the license agreement. But what if it isn't. Are there general
rules to follow?

Charity, education, government, and other non-profit activities (writing
freeware, too!) outside the range of personal/home computer use are a
grey area. (As long as not specifically ruled out.) You should cross
check with your own feelings and the opinions expressed by others. If
there are reasonable doubts - *ask the author* of the program. It could
even be that you'll get permission to free use with a special kind of
charity work while other charity organizations have to pay. That depends
of the fields of interest of the author...

All above IMHO, of course. ;-)
BeAr

 

[Anthony Giorgianni]

Thanks for the responses so far.

It's funny because the more I think about it, the stranger it becomes. Guess
I should DISABLE AVG anti-virus when I am doing freelance work and PREVENT
it from scanning my work-related files when I'm using it for personal use.
The same would go for Yankee Clipper, Ad Aware, etc. (Can I even post this
legally or ethically. IS this question about using this software for my
money-making activities work-related.) Can't imagine people disable and
re-enable, depending on how they are using their machines (Does anyone here
actually do that?). I suppose that, for some apps, if you use the computer
for business purposes AT ALL, you really should pay for them, since
segregating their use would be impractical or even impossible. Given that I
am now doing some freelance journalism AND freelance composing, suddenly it
seems that I'm unwittingly violating at least a handful of freeware
agreements, especially for apps that run on their own.

I have hundreds of freeware apps on my machine. All of a sudden I face
having to review what gets used when I'm doing pay work - maybe Irfan, AVG,
Yankee, Clipomatic, Ad Aware, Zone Alarm (don't use it all the time), RunIt
(the old program launcher), Gadwin PrintScreen, various calculators, lots of
system utilities (guess I could clean my computer and do other maintenance
when I'm stilling in front of the TV instead of at my desk).. Not all these
apps have no-commercial-use restrictions, but still. Man alive! Making it
worse, my music freelance project will end soon, and I'm not sure about my
journalism gigs. I could end up having paid for lots of commercial licenses
and have no work.

Jeepers :O(

 

[North©]

«Hello All
«
«This just came to mind: When a freeware says it's free for personal,
«non-commercial use, does that mean I can't sell it or, that I can't use it
«in a business AT ALL?

Duh! YES

For example, if I use an app on my home computer that
«I really like - a clipboard extender, for example, would I violate the
«non-commercial use if I were to install it on my computer at work?

See above reply!

What if
«I take my personal laptop to work and use it for business part of the time?
«Also, what if I'm a freelancer who works at home? Am I violating the policy
«if I don't disable the software while I'm using my computer for my freelance
«business?

See above!!

Can I re-enable the software while I'm using the computer for
«personal use, or can I not use it AT ALL if the computer is used for
«business purposes only part of the time.

What do you think the words "personal use" mean???

«
«I know this may differ from software to software and my be specifically
«addressed in the license agreement. But what if it isn't. Are there general
«rules to follow?
«
«I hope these are not dumb questions.
«
«Thanks.
«
«
«
Among the dumbest I've seen!!!!!

READ THE LICENSE AGREEMENT - you agreed to abide by those conditions!!!!