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203 Comments
- radu79, on 10/12/2007, -16/+342What's the problem?
The GPL license does not prevent you from selling it, so that guy is not doing anything wrong. - inactive, on 10/12/2007, -18/+202It's under GPL, there is nothing wrong with him selling it. You are all just jealous that your didn't think of it first.
- gharding, on 10/12/2007, -15/+151It's not up to you to decide ***** like this. If the software authors didn't want this to be done, they would have used a license that disallowed it. If you're going to preach ***** like the GPL, deal with the consequences. (Wow, talk about beating a dead horse. Beaten.. twice!!)
- ClassicJBC, on 10/12/2007, -8/+134First of all, as others have said, it's perfectly within the GPL to charge a distribution fee. Not only that, but he's exposing people to OSS--people who probably wouldn't learn about it otherwise.
If he were charging an exorbitant amount of money, I might understand, but a few bucks for GIMP isn't bad. - cquinnd, on 10/12/2007, -4/+109Selling GPL'd software is not fraud.
http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney
Anyone can put a price on Open Source software, the point is that anyone else can choose to give it away at no additional cost as well. - Genius16, on 10/12/2007, -4/+68plenty of companies sell linux on cd for a nominal fee. its perfectly legit, people without the ability to download large files really enjoy the service.
- PepeGSay, on 10/12/2007, -2/+65Jimxugle: I'm sorry, but you are dead wrong.
http://www.gnu.org/licenses/gpl-faq.html - theWrkncacnter, on 10/12/2007, -4/+64Perhaps some people would not even consider using open source software, because they consider it inferior, or don't know it exists. Putting free software on ebay gives OSS exposure to a much larger base who would normally not be interested. Anyway, who buys something on ebay without at least googling it to find out what it is? That way, everyone finds the sourceforge site, and can download it for free. If some people do buy it, then I guess the service he's giving by offering it to auction fairly matches the price he's asking.
- detrate, on 10/12/2007, -2/+59Your icon is the ubuntu logo and you aren't familiar with the GPL?
- david76, on 10/12/2007, -1/+48From the GPL FAQ:
Does the GPL allow me to sell copies of the program for money?
Yes, the GPL allows everyone to do this. The right to sell copies is part of the definition of free software. Except in one special situation, there is no limit on what price you can charge. (The one exception is the required written offer to provide source code that must accompany binary-only release.) - jaydj, on 10/12/2007, -5/+47@merkul
This is about Open Source... not Open Sores - Daedalus17, on 10/12/2007, -4/+35Report him to whom? And for what? He didn't do anything against the rules. It is NOT illegal to sell open source software for the last time!
- Detritus, on 10/12/2007, -9/+37You zealots scare me even more than the Libertarians.
About 15 years ago this was common place for public domain software. There is nothing illegal or immoral here. He is making software available to people who, for whatever reason, do not know about it's availablity. The public domain stuff could be had on any BBS if you wanted to spend the time to look for it, the internet makes that a hell of a lot easier but there is no difference in what this guy is doing. - shakin, on 10/12/2007, -10/+38You guys are wrong. This is shady! I'd like to report the shady business tactics of a few other people while I'm at it. Apparently, GPL software is being sold by the following companies:
www.redhat.com
www.novell.com
www.ibm.com
www.mandriva.com
There are more out there. Be aware that they will steal your money and slap your mother on the way out the door! - atdigg, on 10/12/2007, -2/+29Oh well I though he was selling the CD, anyway the comment remains valid.
People are free to enter contracts, I can sell you air in a 1 litre bottle, as long as I am truthful in what I claim I sale there's not a problem with it. - zigamorph, on 10/12/2007, -1/+27I think the capitalism thing is rubing this poster the wrong way.
- jus1haz2, on 10/12/2007, -8/+31What about if its the authors of the software trying to make a few bucks? Or could even be some poor man who has 56k and doesn't want to wait 3 weeks for the dl.
- atdigg, on 10/12/2007, -12/+36I agree that's nothing wrong with it. If people want to buy CDs from the guy that's perfectly fine both from legal and moral point of view.
He provides a service, he sends you a CD for $1.99 (or whatever he charges for I didn't bother to check) if you don't like the price you are FREE to get the product from somebody else or not get it at all. - brendandonhue, on 10/12/2007, -5/+25This is neither disgraceful nor is it a scam. If the creator of the software didn't want their work to be redistributed, they wouldn't have put it under the GPL. But they did GPL it, and the license does allow people to sell the software.
If they were violating the GPL and eBay allowed it, I might have dugg this story-- but that's not what happened. - toconnor, on 10/12/2007, -2/+21@sndtech
From eBay's policies (http://pages.ebay.com/help/policies/downloadable.html):
"The seller must be the owner of the underlying intellectual property, or authorized to distribute it by the intellectual property owner."
In this case the seller is authorized to distribute it so there's no problem. - inactive, on 10/12/2007, -3/+21He's doing nothing wrong.
There is no problem at all.
http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney - inactive, on 10/12/2007, -3/+21What's the downside?
The software spreads, someone earns some money. Win win. - inactive, on 10/12/2007, -3/+21It's not shady as hell, it's perfectly fine.
Read:
http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney
Let me make it easy:
Does the GPL allow me to sell copies of the program for money?
Yes, the GPL allows everyone to do this. The right to sell copies is part of the definition of free software. Except in one special situation, there is no limit on what price you can charge. (The one exception is the required written offer to provide source code that must accompany binary-only release.) - HebrewHammer, on 10/12/2007, -1/+18not only is it not illegal, or a fraud, it is definitely not digg worthy --digg
- inactive, on 10/12/2007, -1/+17Richard Stallman will take another hit of his joint and laugh in your face...
- evolvedlight, on 10/12/2007, -7/+23And, he IS helping spread OSS.
EDIT: Although, it seems he's just giving the download link.... (and the images are hotlinked) - Tenlow, on 10/12/2007, -5/+20It's called capitalism. Just because it's not right doesnt mean it's wrong.
- KJSatz, on 10/12/2007, -4/+18Genius16- This is "Digital Delivery;" he isn't mailing the winner (loser) a CD. They still have to download it.
- firehydra2k, on 10/12/2007, -2/+15The GPL states that you have the right to use, hack, redistribute (basically do whatever you want with the source code) AS LONG AS you leave the source code open. This person is not doing anything illegal unless he closes the source.
Besides, it's the buyer's own fault for falling for this anyways. The seller could either be lucky or plain retarded. - Persol2point0, on 10/12/2007, -3/+16It's not shady... it's specifically allowed in the GPL.
- sancho, on 10/12/2007, -0/+12The GPL is not a EULA. It might be called a EDLA (End Distributor License Agreement) I guess, but the GPL clearly specifies that no license is required to USE the software (The U in EULA stands for "user").
- shark615, on 10/12/2007, -1/+12What are the developers going to complain about?
"He is following the rules set out by the licence we agreed to when we decided to release it under the GPL!" - Jozer99, on 10/12/2007, -1/+12Selling free stuff on eBay isn't illegal, and there are lots of times when it makes sense. For instance, those free guitars VW is giving away with their cars go for $400 or more on eBay. Plus, how do they enforce a no free stuff policy? Who can tell if the laptop you are selling on eBay cost you $2000 from Dell or $0 from a prize giveaway? All we can do is try and educate people so they don't fall for such scams.
- misterjangles, on 10/12/2007, -1/+11Jimxugle - The price clause applies in the case where you are using GPL code but you are distributing in binary form without including the source by default. You don't technically have to include the source code with every distribution. However, if you choose to do that, you are obligated provide a means to obtain the source code upon request. And if you receive such a request you cannot try to weasle out of your obligation by charging a huge fee for the source code. You can only charge the amount that it would take you to deliver the source code.
In this eBay guys case, he/she can just point a customer to the Gimp source, so he's not in violation of the GPL at all. - gildude, on 10/12/2007, -1/+11Well seeing as how you have to be DEAD to win a Darwin award, it probably doesn't fall under it.
- abaddono1, on 10/12/2007, -1/+10http://www.gimp.org/about/selling.html
It’s legal, get over it, this does not deserve the front page, or any publicity at all. - TheOther1, on 10/12/2007, -2/+10@ doaavid.
And it's people like you that clog up the series of tubes in the interweb. They're not trucks, ya know. - stuporglue, on 10/12/2007, -3/+12Good grief. All you GPL-noobs who think "oh, it's OSS, I should get it for free" need to read the GPL and realize that selling GPL'd software is perfectly legitimate.
Here a few links to help you learn:
http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowMoney
http://www.gnu.org/philosophy/selling.html
As long as this person sticks to all the requirements of the GPL, he completely in the clear.
While you as a computer literate person may think there is no value in purchasing a CD or download instructions on e-bay, what about the non computer literate person who can't find a cheaper alternative to Photoshop? To some people the knowledge of where to get some good software may well be worth the $5.00 or whatever it's going for.
Read your licenses before you complain. - mipadi, on 10/12/2007, -1/+9It's definitely within the bounds of the GPL to charge for free software, but doesn't he also have to provide the source code, too? (Or is it enough if he just links to wherever he got the source code, presuming he didn't make any changes?)
- jwigum, on 10/12/2007, -4/+12The "shady" element doesn't come from selling something that's free, but from the way he's hotlinking the images, and promising to provide a digital delivary link.
If you still don't see how this is underhanded... If he's hotlinking the images, where do you think he's going to link the customer to? I'd lay down good odds that he'll simply link them to the Gimp home page. - argh44z, on 10/12/2007, -0/+8@Gerbil
You're wrong. Ebay does allow this.
http://pages.ebay.com/choosingformats/digitalitems/faqs/
"To sell a digital item, the seller must be the owner of the underlying intellectual property or authorized to distribute it by the intellectual property owner. " - prabhuly, on 10/12/2007, -5/+13yeah, i think the man is genius
if people buy it, he makes basically free money - jcapogna, on 10/12/2007, -0/+7I did this almost four years ago. I sold Open Office, and about 5 variants of Linux. My price was $5 shipped. Nearly all of my customers were people with dial up who wanted to try out Linux, but didn't want to wait 3 weeks to download it. However, for some reason after a month, eBay suspended my account for selling copyrighted material. I don't they think they understood the concept.
- brendandonhue, on 10/12/2007, -3/+10The GPL is not a EULA.
- cfizzo, on 10/12/2007, -1/+8this is completely within the rights given in the GPL. what about all the websites selling linux cds?
- Phaedruss, on 10/12/2007, -1/+8@merkul
But I bet you had to pay to get it in the first place! - argh44z, on 10/12/2007, -1/+8Who cares? It increases exposure to the software.
- Remmy, on 10/12/2007, -14/+21Although I am personally not one for selling software freely distributed on the Internet, what he is doing is completely legal, albeit morally reprehensible. I would completely understand charging for the price of a CD and shipping, however he is distributing the software electronically.
- kamilX, on 10/12/2007, -2/+8A few years back I purchased red hat linux from eBay because I only had access to dial up, and did not want to tie up my one phone line downloading the massive 3-5 cd distribution.
Sure I could have bought it directly from Red Hat, but I figured I just wanted the CD, even a copy of the downloaded iso would be fine. I paid about $2.99 for the auction and another few bucks for shipping the discs, and it arrived in a few days. The CD's were in fact CD-R copies, but they worked just fine, and now I'm very much a user and supporter of OSS.
And these days I've moved on from Red Hat, and am now happily using Ubuntu =)
If eBayers are selling OSS software for a reasonable fee, then I see nothing wrong with it. If people are willing to pay for a product that is free, then it is up to the customer to decide if it is worth paying for, or worth simply downloading. - shark72, on 10/12/2007, -3/+9"This, in the US anyway, would be actionable under trademark law."
No it isn't, not by a long shot. Who told you that? -
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