Semi-hypothetically speaking, let's say a company creates a piece of software and then purposefully uploads the source code for that software to GitHub. You can download it, run it, etc directly from the repo.
Now, let's assume that the license for this software is commercial. It states that you cannot use the software unless you pay for a subscription license.
As the developer of the software, can I reasonably expect that people using my software will pay me for it? Or more specifically, could I reasonably assume that if someone were to download and use my software without paying, I could legally force them to pay up?
If the answer to the above question is "yes", how would this be different than--say--a musician uploading an album to a public server and then saying "you can download this music for free, but you can't listen to it unless you PayPal me $10"?
I'm interested in both sides of this equation:
1) As a consumer or a small business, can I legally make use of software licensed in such a manner?
2) As a software publisher, can I go after people that download and use my software from GitHub if licensed in this manner?