I don't know if this is legal or what, but am passing the word along if anyone would wish to follow up on it (I have no plans to).
Bryce
----- Forwarded message from Keith Almond <ss-kalm@...58...> -----
Date: Fri, 10 Aug 2007 05:41:35 -0700 From: Keith Almond <ss-kalm@...58...> To: bryce@...58... Subject: INKSCAPE
Message body follows:
There are people selling Inkscape and other SOURCEFORGE items on ebay. Is this legal. Not that I want to do it, more that I would like to see it stopped.
Check out:
http://search.ebay.ca/search/search.dll? from=R40&_trksid=m37&satitle=inkscape&category0=em
I would be interested to know if he/she should be doing this.
Keith Almond
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If I recall correctly, it's OK to sell media with Gnuish software on it for a nominal fee for reproduction, etc. Like the old Walnut Creek CD's.
bob
Bryce Harrington wrote:
I don't know if this is legal or what, but am passing the word along if anyone would wish to follow up on it (I have no plans to).
Bryce
----- Forwarded message from Keith Almond <ss-kalm@...58...> -----
Date: Fri, 10 Aug 2007 05:41:35 -0700 From: Keith Almond <ss-kalm@...58...> To: bryce@...58... Subject: INKSCAPE
Message body follows:
There are people selling Inkscape and other SOURCEFORGE items on ebay. Is this legal. Not that I want to do it, more that I would like to see it stopped.
Check out:
http://search.ebay.ca/search/search.dll? from=R40&_trksid=m37&satitle=inkscape&category0=em
I would be interested to know if he/she should be doing this.
Keith Almond
-- This message has been sent to you, a registered SourceForge.net user, by another site user, through the SourceForge.net site. This message has been delivered to your SourceForge.net mail alias. You may reply to this message using the "Reply" feature of your email client, or using the messaging facility of SourceForge.net at: https://sourceforge.net/sendmessage.php?touser=1674196
----- End forwarded message -----
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# from Bob Jamison # on Friday 10 August 2007 09:42 am:
Bryce Harrington wrote:
----- Forwarded message from Keith Almond http://search.ebay.ca/search/search.dll?from=R40&_trksid=m37&satitle...
If I recall correctly, it's OK to sell media with Gnuish software on it for a nominal fee for reproduction, etc.
Yes. As long as the GPL is shipped on the CD with it, any modifications are available, etc, etc. There is nothing which says that you cannot sell it for $1000, bundle it with other value-adds, etc. -- as long as you provide the source and a copy of the license.
What is likely not OK is to take screenshots off of the inkscape site, add a watermark, then use it as your marketing material without crediting the original artist. (Unless there's some text on the inkscape site granting this permission.)
http://www.inkscape.org/screenshots/index.php?lang=en&version=0.45
I don't see anything there regarding reuse and/or acknowledgement. Implicitly, that means it is not allowed. Might be nice to be explicit such as:
All screenshots and example art are copyrighted by their original authors (and all rights are reserved by them.) Used with permission.
Or whatever. If the images already have a license, then link to it in the footer. (And possibly some exception for verbatim mirroring of the site, if desired.)
--Eric
On Fri, 10 Aug 2007 09:35:45 -0700, Bryce Harrington wrote:
I don't know if this is legal or what, but am passing the word along if anyone would wish to follow up on it (I have no plans to).
Well, the GPL doesn't prohibit it, but it certainly seems unethical to me for them to sell a free/open source program on eBay and not say that it's GPLed software that anyone can download for free....
Jim
it's not a matter of being ethical or not. It is a legal issue.
GPLed software can be offered commercially even if the price is above the cost of reproduction. He could be selling it for hundreds of dollars and still not violate the GPL. But he must include a copy of the license and he MUST provide the source code to his customers (not necessarily inside the sold CDs, but at least a way to get the sourcecode such as a link to a tarball, for example). I am not sure, but it seems to me that stating that the sourcecode is available at inkscape.org is not enough. He must himself offer the sources to every one that get the binaries.
But I am not a lawyer, these things I am saying must be checked with a professional. Maybe we could ask for help on http://gpl-violations.org/
JucaBlues
On 8/10/07, Jim Henderson <hendersj@...400...> wrote:
On Fri, 10 Aug 2007 09:35:45 -0700, Bryce Harrington wrote:
I don't know if this is legal or what, but am passing the word along if anyone would wish to follow up on it (I have no plans to).
Well, the GPL doesn't prohibit it, but it certainly seems unethical to me for them to sell a free/open source program on eBay and not say that it's GPLed software that anyone can download for free....
Jim
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On Fri, 10 Aug 2007 22:08:49 -0300, Felipe Sanches wrote:
it's not a matter of being ethical or not. It is a legal issue.
Well, I think it's a question of both; if he provides the source on the disc along with the GPL license, he's still offering it on eBay without stating that it's open source anyone can get for no charge. IANAL either, but it seems that it would be legal to do so, but certainly not ethical.
GPLed software can be offered commercially even if the price is above the cost of reproduction. He could be selling it for hundreds of dollars and still not violate the GPL.
Absolutely. Look at SUSE, RedHat, etc. who sell Linux distributions.
But he must include a copy of the license and he MUST provide the source code to his customers (not necessarily inside the sold CDs, but at least a way to get the sourcecode such as a link to a tarball, for example). I am not sure, but it seems to me that stating that the sourcecode is available at inkscape.org is not enough. He must himself offer the sources to every one that get the binaries.
I think GPLv2 licenses do require the source be included or offered from the person selling, but ISTR that GPLv3 allows electronic distribution even when there's a physical medium used. I could be entirely wrong, but that's what I recall.
But I am not a lawyer, these things I am saying must be checked with a professional. Maybe we could ask for help on http://gpl-violations.org/
Absolutely, after all, if GPL authors don't enforce their licenses, that's how the GPL gets trodden on.
There is perhaps an easier route, though - just ask the seller to see a copy of the license.
Jim
On Sat, 11 Aug 2007 03:11:45 +0000, Jim Henderson wrote:
There is perhaps an easier route, though - just ask the seller to see a copy of the license.
Question posed, we'll see how they respond. Looks like in their feedback one person gave them negative feedback because the software was free, the response was "support included" or words to that effect.
Interestingly enough, he's not offering the Linux build, just the Windows and Mac OSX versions.
Jim
On Sat, 11 Aug 2007 04:42:22 +0000, Jim Henderson wrote:
On Sat, 11 Aug 2007 03:11:45 +0000, Jim Henderson wrote:
There is perhaps an easier route, though - just ask the seller to see a copy of the license.
Question posed, we'll see how they respond. Looks like in their feedback one person gave them negative feedback because the software was free, the response was "support included" or words to that effect.
Had a nice chat with him - he said he watermarked the images because he didn't want people overloading his server with requests; he thought the images were licensed under the GPL and that it was OK to use them.
He also said he wasn't sure if he was required to state that it was GPLed software, and I suggested that it might be a good idea, just so his customers don't get upset when they find out it is actually available for free. (on his feedback, he had one negative feedback that was that way, but the vast majority of his customers are quite happy)
He does provide support to his customers (said he thought that was "common sense") and said that he contributes part of the proceeds to the project (If I understood, 50% of the proceeds is what he was saying, about $2.50 per copy sold, but I might've misunderstood). Don't know if that's been seen by the project yet.
Seems like a perfectly reasonable guy, the various projects whose software he's selling may be hearing from him (including the Inkscape project) to ask for permission for various things (like the use of modified images on his servers).
Anyways, there you go. :-)
Jim
Felipe Sanches wrote:
it's not a matter of being ethical or not. It is a legal issue.
GPLed software can be offered commercially even if the price is above the cost of reproduction. He could be selling it for hundreds of dollars and still not violate the GPL. But he must include a copy of the license and he MUST provide the source code to his customers (not necessarily inside the sold CDs, but at least a way to get the sourcecode such as a link to a tarball, for example). I am not sure, but it seems to me that stating that the sourcecode is available at inkscape.org http://inkscape.org is not enough. He must himself offer the sources to every one that get the binaries.
I think it should be handled in a coherent way with the magazines distributing Inkscape on their cover CDs: if magazines are allowed to distribute Inkscape only with a link to the source code from inkscape.org, then ebay sellers should be allowed the same. It it is denied, then it should be denied to all.
On Mon, 13 Aug 2007 09:44:18 +0300, Nicu Buculei (OCAL) wrote:
I think it should be handled in a coherent way with the magazines distributing Inkscape on their cover CDs: if magazines are allowed to distribute Inkscape only with a link to the source code from inkscape.org, then ebay sellers should be allowed the same. It it is denied, then it should be denied to all.
I don't believe (though I'm perfectly willing to be wrong) that GPLv2 allows this kind of linking; but the issue is moot in this case, according to the seller, he includes the source code because GPL requires it.
Jim
participants (6)
-
Bob Jamison -
Bryce Harrington -
Eric Wilhelm -
Felipe Sanches -
Jim Henderson -
Nicu Buculei (OCAL)