> If someone online is giving you something that you can't verify yourself (either because it's a binary or because you don't have the time/ability to understand the source), you rely on trust and reputation. Having a BSD license attached doesn't change this.
I only need to trust a few sources though. It is very different from getting lots of software from lots of different people.
> My suggestion is to still release the source, so anyone can fork such a project under the same terms they had: any use is piracy.
No they cannot. If someone forks the project the original author can sue them for breach of copyright. Forks can only exist at the whim of the original author. Of course you could give people permission to fork - this is called "giving them a license".
I also wonder whether the courts might hold you have implicitly given a license by making the software a free download, or if you have made it public that this is what you have lost your right to sue (maybe something like equitable estoppel would apply). I would say it is almost certain to happen at least in some jurisdictions.
> If the author feels someone is abusing the system/trying to restrict user freedoms by distributing only a binary, and the abuser is large enough to warrant it, they can sue them, just like with GPL.
The author can also sue anyone else who is redistributing. How do we know that the author will do so?
Essentially this gives the original author complete power over the project. You are to have complete trust in the author. You have to have this trust without them ever giving you any permission (because that would constitute a license).
What is the author waits until people are dependant on the software and then decides to demand license fees, or just gets greedy and sues for breach of copyright?
> I only need to trust a few sources though. It is very different from getting lots of software from lots of different people.
So then use a curated repository that contains or links (e.g. a source-based distro that uses content-addressed p2p distribution) such software, or don't. Just like today.
> If someone forks the project the original author can sue them for breach of copyright.
Assuming they know who the fork author is. Also, why is this a concern of the original author? They decided to share their work, you have it now, and you can decide what you're going to do with it. Everyone knows there's a large ecosystem of anonymous sharing of copyrighted material if you want to do that (or you can pseudonymously share by signing your fork and anonymously distributing it).
It seems incredibly unlikely that an organization could successfully argue they had an implicit license to use something however they want when there's an explicit notice that they do not. e.g. if the NY Times publishes an article on their site, you do not have the right to copy it. This is true in Berne Convention countries even if there is no copyright notice. Metallica can have the most pirated CD on the planet, but no court is going to say a TV show can use it now. Big orgs (the people the author doesn't want to freeload) know this, and they're not going to take such a stupid risk. Individuals, on the other hand, know that no one will ever find out that they copied it, so they can do whatever they want.
> What is the author waits until people are dependant on the software and then decides to demand license fees, or just gets greedy and sues for breach of copyright?
Not relevant to individuals. I could be "dependent" on a pirated copy of Photoshop and Adobe could never possibly know. This only matters for "freeloading" organizations, and the whole discussion is around preventing that, so mission accomplished.