is this legal?

G

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Dallas wrote:
> "John E. Carty"
>
>>It's still there:
>>
>
> http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&category=11051&item=8182254666&rd=1
>
> No, it's not legal... every freeware "license" I've ever seen expresses
> "not to be sold".
>
> This guy is a douche bag making money off other people's work.
>
> Dallas
>
>

This is interesting. I agree to a certain extent with you, Dallas.
However, he really is performing a service for people who cannot
download their own content or for whom it would take forever due to
dialup connections or whatever - whether that is his actual intention or
not.

So, I wouldn't be so quick to condemn someone for this. Sure, he's
probably in breach of the license agreements, but then I'm sure many of
us here are also in breach of license agreements; how many people bother
to register zip utilities such as winRAR, for example?

(Disclaimer to cover my own back: I use a completely free zip utility, hehe)

To make things a bit more local, I wouldn't have any qualms about
burning a disc full of freeware for a friend who isn't capable of
downloading his own. That would be a free service. However, if people
I don't know want me to do the same for them, I might charge a fee to
cover the costs of the discs, for example. Is that illegal? Looks like
it. But is it wrong? I'm not so sure.

Any thoughts?

Huw
 
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"Huw Roberts" <f@ke.com> wrote in message
news:__f3e.2239$pA6.678@newsfe1-win.ntli.net...
> Huw Roberts wrote:
>> ianw wrote:
>>
>>> http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&category=11051&item=81822546
>>> 66&rd=1
>>>
>>>
>>
>> Apparently so, since it's been taken down already! What was it?
>>
>> Huw
>
> Erm...*cough*...that should read "apparently not", of course. Oops. :D
>
> Huw
Not if you use the correct link.
http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&category=11051&item=8182254666&rd=1
 

dallas

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"Huw Roberts"
> us here are also in breach of license agreements; how many people bother
> to register zip utilities such as winRAR, for example?

Sure... who amongst us doesn't have an MP3 or two on their hard drive?
Very few I'd guess. Even having a copyrighted photo on your hard drive
could be a breach of copyright. I wonder if anyone could pass the "Squeaky
Clean Test".

If you accept that premise, it becomes a grey issue as opposed to black and
white issue. Everyone is left with the personal decision of where do I
draw the line?

In my value system, I see all these really nice freeware people giving away
their work and all they ask in return is that no one violates the spirit of
freeware by making a profit when they got nothing. No one likes to see
nice guys get screwed.

Legally, I don't know if the blurb freeware designers put in the readme
constitutes a license, but I'm pretty sure it constitutes a copyright so I'd
say the guy is violating the law.


Dallas
 
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The issue here, as I see it, is the fact that this guy charges his time for
money..
Making a product, a DVD, containing these freeware-packages, and then he
sells them for profit...

A lot of the freeware-developers add a "legal stuff"-section with their
products, that the product is freeware and cannot be charged for in any way.
Not by downloading from pay-to-enter websites or by being included in
commercial CD's(!)... in general, that it is not allowed to make money from
those releases.
Even some doesn't allow their products to be distributed, but only
downloaded from certain sites...
So in this act he would break the "license agreement" issued by those
freeware-developers.

However.. some freeware-developers actually permits to distribute the
freeware some even specifically allows to charge for the cost distributing
it...
(To Dallas: that is true.. have some (at least one) on my harddrive, with
the Readme stating that it is allowed... ;o) )
So before he is "judged" it should be investigated if he only have included
those products allowed to be distributed and allowed to be charged for the
distribution...

But.. I could have my doubts, if that should be the case.. as the majority
of freeware license states not to be charged in any way.
So.. deep down in my guts, it feels like it is illegal..!

But, as to Huw's "confession" to happily to burn a disc with software.
I do the same.. If friends ask, I happily give them a disc.. If others ask,
I ask them to provide me the disc to be filled...
But I would never charge money for the time used to fill it.. never...!
However.. should they insist on making it up to me somehow, I tell them that
I wouldn't say no to a bottle of wine.. :eek:)


Regards
Mikael K

--
Sorry.. no direct reply-email.. ;o)
 

Bob

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Dalli, I read all the comments and thought a bit. (Strange for me!!)

This guy is not making money on any individual freeware aircraft but is
charging for his time and material in the process of burning these
freeware aircraft to DVD.

If I were on dial-up I certainly would NOT download some of the great
aircraft that weigh in at over 50Meg. That's here in the US. If I were
in Germany on dial-up, I wouldn't even look at a freeware aircraft over
10 to 20 Meg. I would miss out on many aircraft that great people
created so other simmers can enjoy them. I believe the freeware creators
would be ok with something like this.

Now.... If the requested price for the DVD and labor were too high,
then I'd start being suspicious.

IMHO


--

boB

U.S. Army Aviation (retired)
Central Texas - 5NM West of Gray Army Airfield (KGRK)
 
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"Huw Roberts" wrote:

> This is interesting. I agree to a certain extent with you, Dallas.
> However, he really is performing a service for people who cannot download
> their own content or for whom it would take forever due to dialup
> connections or whatever - whether that is his actual intention or not.
>
> So, I wouldn't be so quick to condemn someone for this. Sure, he's
> probably in breach of the license agreements, but then I'm sure many of us
> here are also in breach of license agreements; how many people bother to
> register zip utilities such as winRAR, for example?
>
> (Disclaimer to cover my own back: I use a completely free zip utility,
> hehe)
>
> To make things a bit more local, I wouldn't have any qualms about burning
> a disc full of freeware for a friend who isn't capable of downloading his
> own. That would be a free service. However, if people I don't know want
> me to do the same for them, I might charge a fee to cover the costs of the
> discs, for example. Is that illegal? Looks like it. But is it wrong?
> I'm not so sure.

Huw, you really have a convincing way, to make a saint out of a criminal.
:)
He is charging 8 pounds. Is the postage that high in UK or the blank DVD?
I'm with Dallas opinion.

Jan
 
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boB wrote:

> If I were on dial-up I certainly would NOT download some of the great
> aircraft that weigh in at over 50Meg. That's here in the US. If I were
> in Germany on dial-up, I wouldn't even look at a freeware aircraft over
> 10 to 20 Meg. I would miss out on many aircraft that great people
> created so other simmers can enjoy them. I believe the freeware creators
> would be ok with something like this.

Yeah, I believe that too.

Something else in the seller's favour is that he's only selling one. If
he had set up shop and started selling a quantity it would look a lot
more dubious than it does now.

Like I said, he probably is in the wrong, but no more wrong than someone
who uses mIRC without registering it or someone who downloads the odd album.

Huw
 

Bob

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Huw Roberts wrote:


> Something else in the seller's favour is that he's only selling one. If
> he had set up shop and started selling a quantity it would look a lot
> more dubious than it does now.
>
> Like I said, he probably is in the wrong, but no more wrong than someone
> who uses mIRC without registering it or someone who downloads the odd
> album.
>
> Huw

Stretching my neck out here. I don't think what he's doing is wrong and
if he mailed out hundreds I believe the freeware authors would be happy
that their creations could be flown by many more people than would
otherwise happen.

--

boB

U.S. Army Aviation (retired)
Central Texas - 5NM West of Gray Army Airfield (KGRK)
 
G

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"boB" <akitaREMOVECAPS77@excite.Icom> wrote in message news:5hl3e.5505$Xp.4342@tornado.texas.rr.com...
> Huw Roberts wrote:
>
>
>> Something else in the seller's favour is that he's only selling one. If he had set up shop and started selling a
>> quantity it would look a lot more dubious than it does now.
>>
>> Like I said, he probably is in the wrong, but no more wrong than someone who uses mIRC without registering it or
>> someone who downloads the odd album.
>>
>> Huw
>
> Stretching my neck out here. I don't think what he's doing is wrong and if he mailed out hundreds I believe the
> freeware authors would be happy that their creations could be flown by many more people than would otherwise happen.
>
> --
>
> boB
>
> U.S. Army Aviation (retired)
> Central Texas - 5NM West of Gray Army Airfield (KGRK)

We don't have to conjecture as to how the freeware author feels. They usually state it plainly in their readme file.
Some don't care one way or the other. Some care that it is only distributed by themselves or designated distributors.
This may be one of them. It almost looks like this person bought this product and is just selling it.

I am against anyone making a profit on my freeware/shareware. As it plainly states all I request is:
"If you use this software all I ask is that you make a donation to your favorite charity, then drop me a line letting me
know. I like to hear about people making the world a better place to live."

I would not be against someone making a profit on my software as long as over 50% went to a charity.

When I approached my attorney to add to his retainer to prosecute violators, and explained to him my philosophy (a
charitable man in his own right) he said:
"Pro Bono Carl. I'd love to go after anyone who profited on your labors in that context." At $750 an hour that's a
very generous offer IMO.

On another note:
Not very many people have emailed me telling me about their donations. A few have .04%. That's not 4% that's .04% BTW.
I guess the vast majority are so busy taking and playing they just don't have time to make the world a better place.

--
....Carl Frisk
Anger is a brief madness.
- Horace, 20 B.C.
http://www.carlfrisk.com
 
G

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The problem is that the authors provide the freeware service as 'free' and
when doing so, why should other people charge for their efforts when their
efforts were done in good faith. Why profit from someone else's good
intentions is the issue when their good intensions go unrewarded.
A small fee could cover the media and time but the contents is another field
entirely. If I produced anything that appeared on this DVD without a penny
or cent to show for it while others profit from it, I'd not be very happy
with that situation.
If he compiles this sort of thing then he should at least get the permission
from every author that produced the contents on that DVD and my guess is
that he didn't.

"boB" <akitaREMOVECAPS77@excite.Icom> wrote in message
news:5hl3e.5505$Xp.4342@tornado.texas.rr.com...
> Huw Roberts wrote:
>
>
> > Something else in the seller's favour is that he's only selling one. If
> > he had set up shop and started selling a quantity it would look a lot
> > more dubious than it does now.
> >
> > Like I said, he probably is in the wrong, but no more wrong than someone
> > who uses mIRC without registering it or someone who downloads the odd
> > album.
> >
> > Huw
>
> Stretching my neck out here. I don't think what he's doing is wrong and
> if he mailed out hundreds I believe the freeware authors would be happy
> that their creations could be flown by many more people than would
> otherwise happen.
>
> --
>
> boB
>
> U.S. Army Aviation (retired)
> Central Texas - 5NM West of Gray Army Airfield (KGRK)
 
G

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"Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
news:dQl3e.163$%b1.60@trnddc08...
> "boB" <akitaREMOVECAPS77@excite.Icom> wrote in message
> news:5hl3e.5505$Xp.4342@tornado.texas.rr.com...
>> Huw Roberts wrote:
>>
>>
>>> Something else in the seller's favour is that he's only selling one. If
>>> he had set up shop and started selling a quantity it would look a lot
>>> more dubious than it does now.
>>>
>>> Like I said, he probably is in the wrong, but no more wrong than someone
>>> who uses mIRC without registering it or someone who downloads the odd
>>> album.
>>>
>>> Huw
>>
>> Stretching my neck out here. I don't think what he's doing is wrong and
>> if he mailed out hundreds I believe the freeware authors would be happy
>> that their creations could be flown by many more people than would
>> otherwise happen.
>>
>> --
>>
>> boB
>>
>> U.S. Army Aviation (retired)
>> Central Texas - 5NM West of Gray Army Airfield (KGRK)
>
> We don't have to conjecture as to how the freeware author feels. They
> usually state it plainly in their readme file. Some don't care one way or
> the other. Some care that it is only distributed by themselves or
> designated distributors. This may be one of them. It almost looks like
> this person bought this product and is just selling it.
>
> I am against anyone making a profit on my freeware/shareware. As it
> plainly states all I request is:
> "If you use this software all I ask is that you make a donation to your
> favorite charity, then drop me a line letting me know. I like to hear
> about people making the world a better place to live."
>
> I would not be against someone making a profit on my software as long as
> over 50% went to a charity.
>
> When I approached my attorney to add to his retainer to prosecute
> violators, and explained to him my philosophy (a charitable man in his own
> right) he said:
> "Pro Bono Carl. I'd love to go after anyone who profited on your labors
> in that context." At $750 an hour that's a very generous offer IMO.
>
> On another note:
> Not very many people have emailed me telling me about their donations. A
> few have .04%. That's not 4% that's .04% BTW. I guess the vast majority
> are so busy taking and playing they just don't have time to make the world
> a better place.
>
> --
> ...Carl Frisk
> Anger is a brief madness.
> - Horace, 20 B.C.
> http://www.carlfrisk.com

Is the guy on eBay doing much more than, say, Fsplanet which has a premium
fee for fast downloads of freeware. ie they are making money from
distribution of freeware.
 
G

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Archived from groups: alt.games.microsoft.flight-sim (More info?)

.... there came a great "Dallas" <Cybnorm@spam_me_not.Hotmail.Com>
flying, and he bore tidings beyond hope, crying:

>Sure... who amongst us doesn't have an MP3 or two on their hard drive?

is that a new plane?
--
"This is an extremely primitive and paranoid culture."
(James T. Kirk on 20th century America, Star Trek IV)
 
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"Cole Turner" <remove.cole.turner@liwest.at.spambotprotection> wrote in message
news:s3bs411fg4i1lreue525tpug48a1u3n1jc@4ax.com...
> ... there came a great "Dallas" <Cybnorm@spam_me_not.Hotmail.Com>
> flying, and he bore tidings beyond hope, crying:
>
>>Sure... who amongst us doesn't have an MP3 or two on their hard drive?
>
> is that a new plane?
> --
> "This is an extremely primitive and paranoid culture."
> (James T. Kirk on 20th century America, Star Trek IV)

I was wondering.

--
....Carl Frisk
Anger is a brief madness.
- Horace, 20 B.C.
http://www.carlfrisk.com
 
G

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Archived from groups: alt.games.microsoft.flight-sim (More info?)

Well presumably FSPlanet has the authors permission. Typically the author made it available there with readme.txt
intact.
I'm not sure what is on the forsale DVD's. And as I stated earlier that would be between FSPlanet and the author. As
would it be between the DVD author (which I didn't condemn, nor have I stated that the seller is the author). This eBay
thing may be totally legitimate, then again it may not. Selling shareware/freeware on CD's DVD's is old. And again I
am not sure as to the source of the DVD's in this particular sale. It may be that the seller bought them at a mall and
is simply resaleing them legitamely. One point is that we have no idea what is on the DVD's in question. The fact that
there is not a readily available web presence to confirm what is on the DVD's is suspicious. But I'm not one to pull
the plug on an issue that hasn't died of natural causes.

--
....Carl Frisk
Anger is a brief madness.
- Horace, 20 B.C.
http://www.carlfrisk.com


"The Old Bloke" <old@bigponddddd.net.au> wrote in message news:dEq3e.20981$C7.13338@news-server.bigpond.net.au...
>
> "Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message news:dQl3e.163$%b1.60@trnddc08...
>> "boB" <akitaREMOVECAPS77@excite.Icom> wrote in message news:5hl3e.5505$Xp.4342@tornado.texas.rr.com...
>>> Huw Roberts wrote:
>>>
>>>
>>>> Something else in the seller's favour is that he's only selling one. If he had set up shop and started selling a
>>>> quantity it would look a lot more dubious than it does now.
>>>>
>>>> Like I said, he probably is in the wrong, but no more wrong than someone who uses mIRC without registering it or
>>>> someone who downloads the odd album.
>>>>
>>>> Huw
>>>
>>> Stretching my neck out here. I don't think what he's doing is wrong and if he mailed out hundreds I believe the
>>> freeware authors would be happy that their creations could be flown by many more people than would otherwise happen.
>>>
>>> --
>>>
>>> boB
>>>
>>> U.S. Army Aviation (retired)
>>> Central Texas - 5NM West of Gray Army Airfield (KGRK)
>>
>> We don't have to conjecture as to how the freeware author feels. They usually state it plainly in their readme file.
>> Some don't care one way or the other. Some care that it is only distributed by themselves or designated
>> distributors. This may be one of them. It almost looks like this person bought this product and is just selling it.
>>
>> I am against anyone making a profit on my freeware/shareware. As it plainly states all I request is:
>> "If you use this software all I ask is that you make a donation to your favorite charity, then drop me a line letting
>> me know. I like to hear about people making the world a better place to live."
>>
>> I would not be against someone making a profit on my software as long as over 50% went to a charity.
>>
>> When I approached my attorney to add to his retainer to prosecute violators, and explained to him my philosophy (a
>> charitable man in his own right) he said:
>> "Pro Bono Carl. I'd love to go after anyone who profited on your labors in that context." At $750 an hour that's a
>> very generous offer IMO.
>>
>> On another note:
>> Not very many people have emailed me telling me about their donations. A few have .04%. That's not 4% that's .04%
>> BTW. I guess the vast majority are so busy taking and playing they just don't have time to make the world a better
>> place.
>>
>> --
>> ...Carl Frisk
>> Anger is a brief madness.
>> - Horace, 20 B.C.
>> http://www.carlfrisk.com
>
> Is the guy on eBay doing much more than, say, Fsplanet which has a premium fee for fast downloads of freeware. ie
> they are making money from distribution of freeware.
>
 
G

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Guest
Archived from groups: alt.games.microsoft.flight-sim (More info?)

Just to clarify, FSPlanet probably doesn't have the author's permission
for anything. And authors usually don't make their files available there.
Ferdy just leeches whatever files he wants he wants and could care less what
an author thinks. This guy is infamous for his willingness to ignore the
legalities of copyright and distribution in the name of profit. Virtually
everything on that site is poached from somewhere else. The FSPlanet
situation has been around for years now and Ferdy shows no sign changing his
mode of operation.

Trip

---------------------------------------

"Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
news:ZZu3e.300$3O2.273@trnddc01...
> Well presumably FSPlanet has the authors permission. Typically the author
> made it available there with readme.txt intact.
> I'm not sure what is on the forsale DVD's. And as I stated earlier that
> would be between FSPlanet and the author. As would it be between the DVD
> author (which I didn't condemn, nor have I stated that the seller is the
> author). This eBay thing may be totally legitimate, then again it may
> not. Selling shareware/freeware on CD's DVD's is old. And again I am not
> sure as to the source of the DVD's in this particular sale. It may be
> that the seller bought them at a mall and is simply resaleing them
> legitamely. One point is that we have no idea what is on the DVD's in
> question. The fact that there is not a readily available web presence to
> confirm what is on the DVD's is suspicious. But I'm not one to pull the
> plug on an issue that hasn't died of natural causes.
>
> --
> ...Carl Frisk
> Anger is a brief madness.
> - Horace, 20 B.C.
> http://www.carlfrisk.com
>
>
> "The Old Bloke" <old@bigponddddd.net.au> wrote in message
> news:dEq3e.20981$C7.13338@news-server.bigpond.net.au...
>>
>> "Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
>> news:dQl3e.163$%b1.60@trnddc08...
>>> "boB" <akitaREMOVECAPS77@excite.Icom> wrote in message
>>> news:5hl3e.5505$Xp.4342@tornado.texas.rr.com...
>>>> Huw Roberts wrote:
>>>>
>>>>
>>>>> Something else in the seller's favour is that he's only selling one.
>>>>> If he had set up shop and started selling a quantity it would look a
>>>>> lot more dubious than it does now.
>>>>>
>>>>> Like I said, he probably is in the wrong, but no more wrong than
>>>>> someone who uses mIRC without registering it or someone who downloads
>>>>> the odd album.
>>>>>
>>>>> Huw
>>>>
>>>> Stretching my neck out here. I don't think what he's doing is wrong and
>>>> if he mailed out hundreds I believe the freeware authors would be happy
>>>> that their creations could be flown by many more people than would
>>>> otherwise happen.
>>>>
>>>> --
>>>>
>>>> boB
>>>>
>>>> U.S. Army Aviation (retired)
>>>> Central Texas - 5NM West of Gray Army Airfield (KGRK)
>>>
>>> We don't have to conjecture as to how the freeware author feels. They
>>> usually state it plainly in their readme file. Some don't care one way
>>> or the other. Some care that it is only distributed by themselves or
>>> designated distributors. This may be one of them. It almost looks like
>>> this person bought this product and is just selling it.
>>>
>>> I am against anyone making a profit on my freeware/shareware. As it
>>> plainly states all I request is:
>>> "If you use this software all I ask is that you make a donation to your
>>> favorite charity, then drop me a line letting me know. I like to hear
>>> about people making the world a better place to live."
>>>
>>> I would not be against someone making a profit on my software as long as
>>> over 50% went to a charity.
>>>
>>> When I approached my attorney to add to his retainer to prosecute
>>> violators, and explained to him my philosophy (a charitable man in his
>>> own right) he said:
>>> "Pro Bono Carl. I'd love to go after anyone who profited on your labors
>>> in that context." At $750 an hour that's a very generous offer IMO.
>>>
>>> On another note:
>>> Not very many people have emailed me telling me about their donations.
>>> A few have .04%. That's not 4% that's .04% BTW. I guess the vast
>>> majority are so busy taking and playing they just don't have time to
>>> make the world a better place.
>>>
>>> --
>>> ...Carl Frisk
>>> Anger is a brief madness.
>>> - Horace, 20 B.C.
>>> http://www.carlfrisk.com
>>
>> Is the guy on eBay doing much more than, say, Fsplanet which has a
>> premium fee for fast downloads of freeware. ie they are making money
>> from distribution of freeware.
>>
>
 
G

Guest

Guest
Archived from groups: alt.games.microsoft.flight-sim (More info?)

The issue here, as I see it, is the fact that this guy charges his time for
money..
Making a product, a DVD, containing these freeware-packages, and then he
sells them for profit...

A lot of the freeware-developers add a "legal stuff"-section with their
products, that the product is freeware and cannot be charged for in any way.
Not by downloading from pay-to-enter websites or by being included in
commercial CD's(!)... in general, that it is not allowed to make money from
those releases.
Even some doesn't allow their products to be distributed, but only
downloaded from certain sites...
So in this act he would break the "license agreement" issued by those
freeware-developers.

However.. some freeware-developers actually permits to distribute the
freeware some even specifically allows to charge for the cost distributing
it...
(To Dallas: that is true.. have some (at least one) on my harddrive, with
the Readme stating that it is allowed... ;o) )
So before he is "judged" it should be investigated if he only have included
those products allowed to be distributed and allowed to be charged for the
distribution...

But.. I could have my doubts, if that should be the case.. as the majority
of freeware license states not to be charged in any way.
So.. deep down in my guts, it feels like it is illegal..!

But, as to Huw's "confession" to happily to burn a disc with software.
I do the same.. If friends ask, I happily give them a disc.. If others ask,
I ask them to provide me the disc to be filled...
But I would never charge money for the time used to fill it.. never...!
However.. should they insist on making it up to me somehow, I tell them that
I wouldn't say no to a bottle of wine.. :eek:)


Regards
Mikael K

--
Sorry.. no direct reply-email.. ;o)
 
G

Guest

Guest
Archived from groups: alt.games.microsoft.flight-sim (More info?)

Personally I don't think anyone (i.e. software developers) cares about the personal level of distribution of
shareware/freeware software as long as you distribute the entire package to your 'friend'. It's when some yo-yo comes
along and sells reproductions to the 'masses' for a profit that the problem begins. A couple of bottles of wine is
different from $200,000 dollars. PERIOD. I know a legitimate shareware reseller who grossed over $3,000,000 last year.
He lives on Mercer Island, one of the richest communities in the world. Bill Gates lives 5 houses over. But he is
absolutely legitimate. He can be sued at any time. It's the fly by night rip offs that piss (and I consider that
swearing and I never swear) us OFF. OK that is the point. Is he legit or not?

--
....Carl Frisk
Anger is a brief madness.
- Horace, 20 B.C.
http://www.carlfrisk.com


"Mikael K" <noreply@usenet.com> wrote in message news:424e808a$0$181$edfadb0f@dread11.news.tele.dk...
>
> The issue here, as I see it, is the fact that this guy charges his time for
> money..
> Making a product, a DVD, containing these freeware-packages, and then he
> sells them for profit...
>
> A lot of the freeware-developers add a "legal stuff"-section with their
> products, that the product is freeware and cannot be charged for in any way.
> Not by downloading from pay-to-enter websites or by being included in
> commercial CD's(!)... in general, that it is not allowed to make money from
> those releases.
> Even some doesn't allow their products to be distributed, but only
> downloaded from certain sites...
> So in this act he would break the "license agreement" issued by those
> freeware-developers.
>
> However.. some freeware-developers actually permits to distribute the
> freeware some even specifically allows to charge for the cost distributing
> it...
> (To Dallas: that is true.. have some (at least one) on my harddrive, with
> the Readme stating that it is allowed... ;o) )
> So before he is "judged" it should be investigated if he only have included
> those products allowed to be distributed and allowed to be charged for the
> distribution...
>
> But.. I could have my doubts, if that should be the case.. as the majority
> of freeware license states not to be charged in any way.
> So.. deep down in my guts, it feels like it is illegal..!
>
> But, as to Huw's "confession" to happily to burn a disc with software.
> I do the same.. If friends ask, I happily give them a disc.. If others ask,
> I ask them to provide me the disc to be filled...
> But I would never charge money for the time used to fill it.. never...!
> However.. should they insist on making it up to me somehow, I tell them that
> I wouldn't say no to a bottle of wine.. :eek:)
>
>
> Regards
> Mikael K
>
> --
> Sorry.. no direct reply-email.. ;o)
 

petebert

Distinguished
Jan 21, 2003
134
0
18,680
Archived from groups: alt.games.microsoft.flight-sim (More info?)

doesnt flightsim.com also offer a premier membership so I can always log on,
and they have a bandwidth limit on normal users set to about 9KB/s

What this guy is could be legal if he gave each freeware author a %, would
probably come to about 7 cents each

"Trip Lane" <Trip@NoSpam.com> wrote in message
news:vsudnU4nVrWhE9PfRVn-sQ@comcast.com...
> Just to clarify, FSPlanet probably doesn't have the author's
> permission for anything. And authors usually don't make their files
> available there. Ferdy just leeches whatever files he wants he wants and
> could care less what an author thinks. This guy is infamous for his
> willingness to ignore the legalities of copyright and distribution in the
> name of profit. Virtually everything on that site is poached from
> somewhere else. The FSPlanet situation has been around for years now and
> Ferdy shows no sign changing his mode of operation.
>
> Trip
>
> ---------------------------------------
>
> "Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
> news:ZZu3e.300$3O2.273@trnddc01...
>> Well presumably FSPlanet has the authors permission. Typically the
>> author made it available there with readme.txt intact.
>> I'm not sure what is on the forsale DVD's. And as I stated earlier that
>> would be between FSPlanet and the author. As would it be between the DVD
>> author (which I didn't condemn, nor have I stated that the seller is the
>> author). This eBay thing may be totally legitimate, then again it may
>> not. Selling shareware/freeware on CD's DVD's is old. And again I am
>> not sure as to the source of the DVD's in this particular sale. It may
>> be that the seller bought them at a mall and is simply resaleing them
>> legitamely. One point is that we have no idea what is on the DVD's in
>> question. The fact that there is not a readily available web presence to
>> confirm what is on the DVD's is suspicious. But I'm not one to pull the
>> plug on an issue that hasn't died of natural causes.
>>
>> --
>> ...Carl Frisk
>> Anger is a brief madness.
>> - Horace, 20 B.C.
>> http://www.carlfrisk.com
>>
>>
>> "The Old Bloke" <old@bigponddddd.net.au> wrote in message
>> news:dEq3e.20981$C7.13338@news-server.bigpond.net.au...
>>>
>>> "Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
>>> news:dQl3e.163$%b1.60@trnddc08...
>>>> "boB" <akitaREMOVECAPS77@excite.Icom> wrote in message
>>>> news:5hl3e.5505$Xp.4342@tornado.texas.rr.com...
>>>>> Huw Roberts wrote:
>>>>>
>>>>>
>>>>>> Something else in the seller's favour is that he's only selling one.
>>>>>> If he had set up shop and started selling a quantity it would look a
>>>>>> lot more dubious than it does now.
>>>>>>
>>>>>> Like I said, he probably is in the wrong, but no more wrong than
>>>>>> someone who uses mIRC without registering it or someone who downloads
>>>>>> the odd album.
>>>>>>
>>>>>> Huw
>>>>>
>>>>> Stretching my neck out here. I don't think what he's doing is wrong
>>>>> and if he mailed out hundreds I believe the freeware authors would be
>>>>> happy that their creations could be flown by many more people than
>>>>> would otherwise happen.
>>>>>
>>>>> --
>>>>>
>>>>> boB
>>>>>
>>>>> U.S. Army Aviation (retired)
>>>>> Central Texas - 5NM West of Gray Army Airfield (KGRK)
>>>>
>>>> We don't have to conjecture as to how the freeware author feels. They
>>>> usually state it plainly in their readme file. Some don't care one way
>>>> or the other. Some care that it is only distributed by themselves or
>>>> designated distributors. This may be one of them. It almost looks like
>>>> this person bought this product and is just selling it.
>>>>
>>>> I am against anyone making a profit on my freeware/shareware. As it
>>>> plainly states all I request is:
>>>> "If you use this software all I ask is that you make a donation to your
>>>> favorite charity, then drop me a line letting me know. I like to hear
>>>> about people making the world a better place to live."
>>>>
>>>> I would not be against someone making a profit on my software as long
>>>> as over 50% went to a charity.
>>>>
>>>> When I approached my attorney to add to his retainer to prosecute
>>>> violators, and explained to him my philosophy (a charitable man in his
>>>> own right) he said:
>>>> "Pro Bono Carl. I'd love to go after anyone who profited on your
>>>> labors in that context." At $750 an hour that's a very generous offer
>>>> IMO.
>>>>
>>>> On another note:
>>>> Not very many people have emailed me telling me about their donations.
>>>> A few have .04%. That's not 4% that's .04% BTW. I guess the vast
>>>> majority are so busy taking and playing they just don't have time to
>>>> make the world a better place.
>>>>
>>>> --
>>>> ...Carl Frisk
>>>> Anger is a brief madness.
>>>> - Horace, 20 B.C.
>>>> http://www.carlfrisk.com
>>>
>>> Is the guy on eBay doing much more than, say, Fsplanet which has a
>>> premium fee for fast downloads of freeware. ie they are making money
>>> from distribution of freeware.
>>>
>>
>
>
>
 
G

Guest

Guest
Archived from groups: alt.games.microsoft.flight-sim (More info?)

I feel left out that he hasn't poached me. So does my attorney. Oh well...

--
....Carl Frisk
Anger is a brief madness.
- Horace, 20 B.C.
http://www.carlfrisk.com


"Trip Lane" <Trip@NoSpam.com> wrote in message news:vsudnU4nVrWhE9PfRVn-sQ@comcast.com...
> Just to clarify, FSPlanet probably doesn't have the author's permission
> for anything. And authors usually don't make their files available there.
> Ferdy just leeches whatever files he wants he wants and could care less what
> an author thinks. This guy is infamous for his willingness to ignore the
> legalities of copyright and distribution in the name of profit. Virtually
> everything on that site is poached from somewhere else. The FSPlanet
> situation has been around for years now and Ferdy shows no sign changing his
> mode of operation.
>
> Trip
>
> ---------------------------------------
>
> "Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
> news:ZZu3e.300$3O2.273@trnddc01...
>> Well presumably FSPlanet has the authors permission. Typically the author
>> made it available there with readme.txt intact.
>> I'm not sure what is on the forsale DVD's. And as I stated earlier that
>> would be between FSPlanet and the author. As would it be between the DVD
>> author (which I didn't condemn, nor have I stated that the seller is the
>> author). This eBay thing may be totally legitimate, then again it may
>> not. Selling shareware/freeware on CD's DVD's is old. And again I am not
>> sure as to the source of the DVD's in this particular sale. It may be
>> that the seller bought them at a mall and is simply resaleing them
>> legitamely. One point is that we have no idea what is on the DVD's in
>> question. The fact that there is not a readily available web presence to
>> confirm what is on the DVD's is suspicious. But I'm not one to pull the
>> plug on an issue that hasn't died of natural causes.
>>
>> --
>> ...Carl Frisk
>> Anger is a brief madness.
>> - Horace, 20 B.C.
>> http://www.carlfrisk.com
>>
>>
>> "The Old Bloke" <old@bigponddddd.net.au> wrote in message
>> news:dEq3e.20981$C7.13338@news-server.bigpond.net.au...
>>>
>>> "Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
>>> news:dQl3e.163$%b1.60@trnddc08...
>>>> "boB" <akitaREMOVECAPS77@excite.Icom> wrote in message
>>>> news:5hl3e.5505$Xp.4342@tornado.texas.rr.com...
>>>>> Huw Roberts wrote:
>>>>>
>>>>>
>>>>>> Something else in the seller's favour is that he's only selling one.
>>>>>> If he had set up shop and started selling a quantity it would look a
>>>>>> lot more dubious than it does now.
>>>>>>
>>>>>> Like I said, he probably is in the wrong, but no more wrong than
>>>>>> someone who uses mIRC without registering it or someone who downloads
>>>>>> the odd album.
>>>>>>
>>>>>> Huw
>>>>>
>>>>> Stretching my neck out here. I don't think what he's doing is wrong and
>>>>> if he mailed out hundreds I believe the freeware authors would be happy
>>>>> that their creations could be flown by many more people than would
>>>>> otherwise happen.
>>>>>
>>>>> --
>>>>>
>>>>> boB
>>>>>
>>>>> U.S. Army Aviation (retired)
>>>>> Central Texas - 5NM West of Gray Army Airfield (KGRK)
>>>>
>>>> We don't have to conjecture as to how the freeware author feels. They
>>>> usually state it plainly in their readme file. Some don't care one way
>>>> or the other. Some care that it is only distributed by themselves or
>>>> designated distributors. This may be one of them. It almost looks like
>>>> this person bought this product and is just selling it.
>>>>
>>>> I am against anyone making a profit on my freeware/shareware. As it
>>>> plainly states all I request is:
>>>> "If you use this software all I ask is that you make a donation to your
>>>> favorite charity, then drop me a line letting me know. I like to hear
>>>> about people making the world a better place to live."
>>>>
>>>> I would not be against someone making a profit on my software as long as
>>>> over 50% went to a charity.
>>>>
>>>> When I approached my attorney to add to his retainer to prosecute
>>>> violators, and explained to him my philosophy (a charitable man in his
>>>> own right) he said:
>>>> "Pro Bono Carl. I'd love to go after anyone who profited on your labors
>>>> in that context." At $750 an hour that's a very generous offer IMO.
>>>>
>>>> On another note:
>>>> Not very many people have emailed me telling me about their donations.
>>>> A few have .04%. That's not 4% that's .04% BTW. I guess the vast
>>>> majority are so busy taking and playing they just don't have time to
>>>> make the world a better place.
>>>>
>>>> --
>>>> ...Carl Frisk
>>>> Anger is a brief madness.
>>>> - Horace, 20 B.C.
>>>> http://www.carlfrisk.com
>>>
>>> Is the guy on eBay doing much more than, say, Fsplanet which has a
>>> premium fee for fast downloads of freeware. ie they are making money
>>> from distribution of freeware.
>>>
>>
>
>
 
G

Guest

Guest
Archived from groups: alt.games.microsoft.flight-sim (More info?)

Hang in there. He will... :)

---------------------------

"Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
news:Dxx3e.6230$k66.3679@trnddc03...
>I feel left out that he hasn't poached me. So does my attorney. Oh
>well...
>
> --
> ...Carl Frisk
> Anger is a brief madness.
> - Horace, 20 B.C.
> http://www.carlfrisk.com
>
>
> "Trip Lane" <Trip@NoSpam.com> wrote in message
> news:vsudnU4nVrWhE9PfRVn-sQ@comcast.com...
>> Just to clarify, FSPlanet probably doesn't have the author's
>> permission for anything. And authors usually don't make their files
>> available there. Ferdy just leeches whatever files he wants he wants and
>> could care less what an author thinks. This guy is infamous for his
>> willingness to ignore the legalities of copyright and distribution in the
>> name of profit. Virtually everything on that site is poached from
>> somewhere else. The FSPlanet situation has been around for years now and
>> Ferdy shows no sign changing his mode of operation.
>>
>> Trip
>>
>> ---------------------------------------
>>
>> "Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
>> news:ZZu3e.300$3O2.273@trnddc01...
>>> Well presumably FSPlanet has the authors permission. Typically the
>>> author made it available there with readme.txt intact.
>>> I'm not sure what is on the forsale DVD's. And as I stated earlier that
>>> would be between FSPlanet and the author. As would it be between the
>>> DVD author (which I didn't condemn, nor have I stated that the seller is
>>> the author). This eBay thing may be totally legitimate, then again it
>>> may not. Selling shareware/freeware on CD's DVD's is old. And again I
>>> am not sure as to the source of the DVD's in this particular sale. It
>>> may be that the seller bought them at a mall and is simply resaleing
>>> them legitamely. One point is that we have no idea what is on the DVD's
>>> in question. The fact that there is not a readily available web
>>> presence to confirm what is on the DVD's is suspicious. But I'm not one
>>> to pull the plug on an issue that hasn't died of natural causes.
>>>
>>> --
>>> ...Carl Frisk
>>> Anger is a brief madness.
>>> - Horace, 20 B.C.
>>> http://www.carlfrisk.com
>>>
>>>
>>> "The Old Bloke" <old@bigponddddd.net.au> wrote in message
>>> news:dEq3e.20981$C7.13338@news-server.bigpond.net.au...
>>>>
>>>> "Carl Frisk" <c.frisk@REMOVE.verizon.net> wrote in message
>>>> news:dQl3e.163$%b1.60@trnddc08...
>>>>> "boB" <akitaREMOVECAPS77@excite.Icom> wrote in message
>>>>> news:5hl3e.5505$Xp.4342@tornado.texas.rr.com...
>>>>>> Huw Roberts wrote:
>>>>>>
>>>>>>
>>>>>>> Something else in the seller's favour is that he's only selling one.
>>>>>>> If he had set up shop and started selling a quantity it would look a
>>>>>>> lot more dubious than it does now.
>>>>>>>
>>>>>>> Like I said, he probably is in the wrong, but no more wrong than
>>>>>>> someone who uses mIRC without registering it or someone who
>>>>>>> downloads the odd album.
>>>>>>>
>>>>>>> Huw
>>>>>>
>>>>>> Stretching my neck out here. I don't think what he's doing is wrong
>>>>>> and if he mailed out hundreds I believe the freeware authors would be
>>>>>> happy that their creations could be flown by many more people than
>>>>>> would otherwise happen.
>>>>>>
>>>>>> --
>>>>>>
>>>>>> boB
>>>>>>
>>>>>> U.S. Army Aviation (retired)
>>>>>> Central Texas - 5NM West of Gray Army Airfield (KGRK)
>>>>>
>>>>> We don't have to conjecture as to how the freeware author feels. They
>>>>> usually state it plainly in their readme file. Some don't care one way
>>>>> or the other. Some care that it is only distributed by themselves or
>>>>> designated distributors. This may be one of them. It almost looks
>>>>> like this person bought this product and is just selling it.
>>>>>
>>>>> I am against anyone making a profit on my freeware/shareware. As it
>>>>> plainly states all I request is:
>>>>> "If you use this software all I ask is that you make a donation to
>>>>> your favorite charity, then drop me a line letting me know. I like to
>>>>> hear about people making the world a better place to live."
>>>>>
>>>>> I would not be against someone making a profit on my software as long
>>>>> as over 50% went to a charity.
>>>>>
>>>>> When I approached my attorney to add to his retainer to prosecute
>>>>> violators, and explained to him my philosophy (a charitable man in his
>>>>> own right) he said:
>>>>> "Pro Bono Carl. I'd love to go after anyone who profited on your
>>>>> labors in that context." At $750 an hour that's a very generous offer
>>>>> IMO.
>>>>>
>>>>> On another note:
>>>>> Not very many people have emailed me telling me about their donations.
>>>>> A few have .04%. That's not 4% that's .04% BTW. I guess the vast
>>>>> majority are so busy taking and playing they just don't have time to
>>>>> make the world a better place.
>>>>>
>>>>> --
>>>>> ...Carl Frisk
>>>>> Anger is a brief madness.
>>>>> - Horace, 20 B.C.
>>>>> http://www.carlfrisk.com
>>>>
>>>> Is the guy on eBay doing much more than, say, Fsplanet which has a
>>>> premium fee for fast downloads of freeware. ie they are making money
>>>> from distribution of freeware.
>>>>
>>>
>>