What is free in freeware?

Disclaimer:
As a certain kind of computer malware has infected the blogger’s Internet Explorer browser, the author of this blog resorted to download (via http://www.filehippo.com) and install a freeware browser named Mozilla Firefox. Curious about the properties of a freeware as well as the (timely) talk/lecture conducted by a distinguished Microsoft software programmer, this blogger was then inspired to compose a write-up about freeware.

Nothing in life comes for free. Every time the word "free" is appended to an entity, people’s curiosity is often aroused. Skeptical individuals would always search- and often find- the "catch" in such so-called free thing. Indeed, too good to be true.

From the advent of the computer era, programmers have developed and distributed software that is "free" in one form or another. These forms of "free" software provide different rights and restrictions under the copyright laws. Such forms include shareware, open software, free software, freeware and public domain software. Freeware is normally fully functional for an unlimited time with no cost, monetary or otherwise. Generally only free in terms of price, the author of a freeware typically retains all other rights, including the rights to copy, distribute, and make derivative works from the software.

Although freeware might be convenient- for it on no account self-cripples, expires, nags, cajoles, advertises, or confronts the user with any content not related to the function of the program, it can raise various legal concerns. In the case of Mozilla Firefox, it is governed by a license agreement, such as the Mozilla public license, GNU general public license and the GNU lesser general public license. Indeed, the presence of various restrictions in those license agreements is of not without any significant consequence. One of which is that some freeware license agreements are incompatible with one another. Hence, different freeware components can't be linked legally if they are covered by incompatible license agreements.

As the right to use does not ipso facto entail the right to copy, modify or distribute the software, the license agreement sets the parameters of the rights of the user. These license agreements can likewise restrict a user’s ability to enforce proprietary rights in software that he/she develops based on the freeware. In terms of distribution, the user is mandated to notify those recipients of his/her "modified" software about its "free" character, including the availability of its source code. Failure of compliance entails infringement of the freeware's license agreement.

Lastly, a drawback of freeware usage is that its license agreement by and large disclaims any liability for problems that a user might come upon. Unlike a commercial software, a freeware does not provide a customer service or 24/7 technical support system. Simply put, the common adversarial relationship between a vendor and a consumer does not exist.

As different versions of license agreements have been created, analyzing the appended restrictions as well as the inherent risk of freeware usage simply becomes more complicated. PERHAPS, the potential legal, technical and business costs and problems of freeware usage- if the user is left "unguided" - might outweigh the freeware's "free" price tag.

Sources:

• Wikipedia "Freeware" http://en.wikipedia.org/wiki/Freeware
• Graham, Lawrence D (1999). Legal battles that shaped the computer industry. Greenwood Publishing Group. p. 175. ISBN 9781567201789. http://books.google.com/books?id=c6IS3RnN6qAC&pg=PA175&dq=%22Legal+battles+that+shaped+the+computer+industry%22+%22from+the+beginning+of+the+computer+age%22.
• Lutus, P. "A Note about Freeware" http://www.arachnoid.com/freeware/
• http://austin.bizjournals.com/austin/stories/2003/05/26/focus3.html
• Mozilla’s license agreement states (in bold and capital letters):
  Disclaimer of warranty
  Covered code is provided under this license on an "as is" basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the covered code is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the covered code is with you. Should any covered code prove defective in any respect, you (not the initial developer or any other contributor) assume the cost of any necessary servicing, repair or correction. This disclaimer of warranty constitutes an essential part of this license. No use of any covered code is authorized hereunder except under this disclaimer.