Ebay selling Freeware?

Smiley · 10 March 2005, 18:16

Just browsing Ebay and noticed this auction.

http://cgi.ebay.co.uk/ws/eBayISAPI.d...174992755&rd=1

Isn't that CD freeware and therefore illegal to sell on Ebay?

Amiga1992 · 10 March 2005, 19:32

Err... yes, we've seen them and we report them but eBay does fuck all about it it seeems...

lloyd · 10 March 2005, 21:42

If the CD is Public Domain, then somebody has a legal right to copy it and charge for the service. Depending on the wishes of the original programmer, a copying fee may be limited to the cost of the blank media and a "reasonable" fee to cover costs. So, a CDR costing 25 pence, plus a pound to cover basic costs, this CD shouldn't be costing more than £1.25.

Freeware - well, that's another story as "freeware" does NOT mean "freely re-distributable" (public domain IS by it's nature, freely re-distributable) but the cost should be about the same. Assuming of course that the original author of the siftware has given consent for his stuff to be distributed this way. As this CD is full of commercial games, I'm assuming the software is now "freeware" - in which case, there should be nothing stopping you from downloading it and burning it onto a CD yourself.

PD software libraries used to get around selling PD software at inflated prices by simply copyrighting the compilation - the order the files (and content) of the CD ROM (or floppy) appeared in. Also of course, many of the CDs needed a menu system, doc files, advertising blurb for the library concerned etc etc - all copyrightable if the author so chose (and many did).

So Akira, even if Ebay decides it's ok to sell freeware at inflated prices, they HAVE to take notice of COMPILATION copyright. Take a look at the 17 Bit PD disks, they all state "compilation copyright 17 Bit Software". Maybe that's the way to nail these suckers? I wish you luck, I really do - but I feel you'l be wasting your time and effort because there IS a very fine line between freeware and public domain and it's hard to prove the difference sometimes.

Best way I feel, is simply don't buy CD's from these wankers, cos that's what they are, greedy wankers.

Amiga1992 · 11 March 2005, 00:58

This is not FREEWARE by the way, this is a compilation of copyrighted material used WITHOUT the premission of the original copyright owners.. As grey area as ROMs, mind you. I didnt say it was freeware.

BippyM · 11 March 2005, 01:11

This is the same guy selling pirated games!!!!

The guy is a wanka!

ant512 · 11 March 2005, 10:16

Quote:

Originally Posted by Akira

As grey area as ROMs, mind you. I didnt say it was freeware.

Legally it's black-and-white. Distributing commercial software without the permission of the copyright holder is illegal, regardless of whether the game or computer required to run it is still on sale or not.

Morally it is a grey area. It certainly isn't moral to take an artwork out of circulation, refusing both to distribute it and have it distributed, simply because you're too greedy and self-absorbed to see that, when you're dead or your company has folded, no copies of your software will exist and it will never enter the public domain.

That's you, Paul McKenna. And you, Rare. And LucasArts. And Codemasters. And Disney (and didn't *they* benefit from the public domain? Have they ever produced a cartoon that wasn't a re-invention of a public domain story? And then they have the audacity to ensure that their American copyrights never expire.). And the list goes on...

Amiga1992 · 11 March 2005, 14:54

IN any case, illegal. More to our favor of wanting the item cancelled.

lloyd · 11 March 2005, 18:35

In which case, Ebay should ban the auction - I got the "freeware" bit from the heading of the thread "Ebay selling freeware". I wonder if, by not stopping the auction, they could be seen as promoting piracy - in which case legal action could be threatened. Nothing stops big business dead in its tracks quite like a hefty fine.

Bippy, I agree with you, the guy is a wanka!

Ant, you have a hell of a point there!

Akira, you're right, it's illegal!

Why does this thread intimate that this CD is "freeware" when it isn't?

Smiley · 11 March 2005, 19:53

Because, lloyd, i thought it was freeware.

lloyd · 11 March 2005, 21:40

Ah! Well that would explain that then

I wonder if it's illegal to sell Aminet CDs on Ebay ........ If I were to download the whole of Aminet and burn it to DVD, and then flog them for oooh, let me think......

I'm teasin should anybody be wondering

10 March 2005, 18:16	#1
Smiley Amiga-less! Join Date: Feb 2005 Location: UK Posts: 1,350	Ebay selling Freeware? Just browsing Ebay and noticed this auction. http://cgi.ebay.co.uk/ws/eBayISAPI.d...174992755&rd=1 Isn't that CD freeware and therefore illegal to sell on Ebay?

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10 March 2005, 19:32	#2
Amiga1992 Registered User Join Date: May 2001 Location: ? Posts: 19,649	Err... yes, we've seen them and we report them but eBay does fuck all about it it seeems...

10 March 2005, 21:42	#3
lloyd Mehh :D Join Date: Nov 2004 Location: Bristol, SW UK Age: 61 Posts: 242	If the CD is Public Domain, then somebody has a legal right to copy it and charge for the service. Depending on the wishes of the original programmer, a copying fee may be limited to the cost of the blank media and a "reasonable" fee to cover costs. So, a CDR costing 25 pence, plus a pound to cover basic costs, this CD shouldn't be costing more than £1.25. Freeware - well, that's another story as "freeware" does NOT mean "freely re-distributable" (public domain IS by it's nature, freely re-distributable) but the cost should be about the same. Assuming of course that the original author of the siftware has given consent for his stuff to be distributed this way. As this CD is full of commercial games, I'm assuming the software is now "freeware" - in which case, there should be nothing stopping you from downloading it and burning it onto a CD yourself. PD software libraries used to get around selling PD software at inflated prices by simply copyrighting the compilation - the order the files (and content) of the CD ROM (or floppy) appeared in. Also of course, many of the CDs needed a menu system, doc files, advertising blurb for the library concerned etc etc - all copyrightable if the author so chose (and many did). So Akira, even if Ebay decides it's ok to sell freeware at inflated prices, they HAVE to take notice of COMPILATION copyright. Take a look at the 17 Bit PD disks, they all state "compilation copyright 17 Bit Software". Maybe that's the way to nail these suckers? I wish you luck, I really do - but I feel you'l be wasting your time and effort because there IS a very fine line between freeware and public domain and it's hard to prove the difference sometimes. Best way I feel, is simply don't buy CD's from these wankers, cos that's what they are, greedy wankers.

11 March 2005, 00:58	#4
Amiga1992 Registered User Join Date: May 2001 Location: ? Posts: 19,649	This is not FREEWARE by the way, this is a compilation of copyrighted material used WITHOUT the premission of the original copyright owners.. As grey area as ROMs, mind you. I didnt say it was freeware.

11 March 2005, 01:11	#5
BippyM Global Moderator Join Date: Nov 2001 Location: Derby, UK Age: 48 Posts: 9,355	This is the same guy selling pirated games!!!! The guy is a wanka!

11 March 2005, 14:54	#7
Amiga1992 Registered User Join Date: May 2001 Location: ? Posts: 19,649	IN any case, illegal. More to our favor of wanting the item cancelled.

11 March 2005, 18:35	#8
lloyd Mehh :D Join Date: Nov 2004 Location: Bristol, SW UK Age: 61 Posts: 242	In which case, Ebay should ban the auction - I got the "freeware" bit from the heading of the thread "Ebay selling freeware". I wonder if, by not stopping the auction, they could be seen as promoting piracy - in which case legal action could be threatened. Nothing stops big business dead in its tracks quite like a hefty fine. Bippy, I agree with you, the guy is a wanka! Ant, you have a hell of a point there! Akira, you're right, it's illegal! Why does this thread intimate that this CD is "freeware" when it isn't?

11 March 2005, 19:53	#9
Smiley Amiga-less! Join Date: Feb 2005 Location: UK Posts: 1,350	Because, lloyd, i thought it was freeware.

11 March 2005, 21:40	#10
lloyd Mehh :D Join Date: Nov 2004 Location: Bristol, SW UK Age: 61 Posts: 242	Ah! Well that would explain that then I wonder if it's illegal to sell Aminet CDs on Ebay ........ If I were to download the whole of Aminet and burn it to DVD, and then flog them for oooh, let me think...... I'm teasin should anybody be wondering

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