& again .. Freeware on eBay ....

[Moach]

Tchak - Tchak!!   *locks 'n loads    >:( >:(


AAAAARGH!!! IT BE TIME FER SUM PIRATE KILLING, SEZ I!!!!



i bet my 737 is in there too

putrid amounts of hatred and cess ridden filth to this scum...



AAAAARGH!!!!!



can't Ebay get in trouble  for allowing such products? (like that whole Napster deal)



Enraged Moach

[flyboy 28]

ALL THESE ADD ON'S ARE FREE TO ANYONE ONE WHO HAS THE TIME AND PATIENCE TO FIND THEM ON THE NET

I AM NOT CHARGING FOR THE CONTENTS OF THE DISK'S ONLY FOR THE TIME IT HAS TAKEN DOWNLOAD THEM.

Not in his defence, but at least he came out and said it..

[expat]

Not in his defence, but at least he came out and said it. ALL THESE ADD ON'S ARE FREE TO ANYONE ONE WHO HAS THE TIME AND PATIENCE TO FIND THEM ON THE NET
I AM NOT CHARGING FOR THE CONTENTS OF THE DISK'S ONLY FOR THE TIME IT HAS TAKEN DOWNLOAD THEM.

That could be argued, (but it would be wafer thin) if the guy sold just one and only one disk. Download time to pay for and the CD/DVD to burnt to, but he is not. He is selling mulitple copies and gaining profit on the back of others work. Each disk sold after the first one is money in the bank!

Matt

[RollerBall]

[quote]

Quote:

ALL THESE ADD ON'S ARE FREE TO ANYONE ONE WHO HAS THE TIME AND PATIENCE TO FIND THEM ON THE NET

I AM NOT CHARGING FOR THE CONTENTS OF THE DISK'S ONLY FOR THE TIME IT HAS TAKEN DOWNLOAD THEM.

[congo]

The terms are even harsher with many releases stating that the software can in NO way be sold, and similar conditions. This guy is a thief, selling payware as well.....

Ebay must take action or be liable. That may not deter the person in question, who may find a way around any restrictions. I would expect Ebay to take some kind of action though, cancel his account etc.

Ebay are not immune to the law, and breach of copyright is against the law. By taking a commision, Ebay is implicated.

Find out where he lives and sell his house on Ebay  

[town]

I think the sensible thing would be for the download sites (Simviation, AVsim etc.) to carry in clear unequivical language that the copyright AND distribution rights remain with the author making any kind of copying and "selling the CD only" illegal.

Gordon

[expat]

Look, let's clear this nonsense up once and for all. The guy IS NOT charging for the time it takes to download - he's charging for the software.

I am in NO way justifying this guy, nor am I stupid enough believe his "disclaimer". However under the "time and cost argument", he could probably sell one and only one copy legally.

Personally, I think he should have his foreskins stapled to the table and his testicles beaten wafer thin with a steak tenderiser. (Captain Black Adder, Black Adder Goes Forth)
IT IS THEFT AND NOTHING LESS.

Matt

[JBaymore]

One of the last times this stuff happened a number of us had good luck with sending eBay messages via their "security" page.  Suddenly the listings for the offending auction disappeared before the end of the auction.  Also in some cases the accounts of the person suddenly disappeared.  So don;t discount that as an effective method to stop single auctions.  It DOES work.

The author of a piece of freeware software has some special "clout".  I'd be writing EBay with some serious threats about pending legal action if I was one of the authors.  hell... if I put inhundreds and hundreds of hours doing a plane or scenery...... I'd invest some $ to have a lawyer draw up a letter to them

IN fact, a group of freeware authors should get together and do sort of a "class action" thing..... get some communal pressure on eBay to ban this type of listing.

best,

......john

[RollerBall]

Ebay need to watch their step quite frankly. They are coming under close scrutiny in the UK for the amount of fraud that's going on and the volume of stolen goods that are being sold on it. There is yet another story in the UK press today of a designer who had garments stolen and watched them being sold on Ebay who would do nothing about it.

Personally I now think that Ebay needs to be cut down to size and if it doesn't start to put in some effective controls, there should be Government action to close it down.

Freedom to operate does not extend to complicity to harbour and protect criminals who hide behind aliases and false addresses which is what Ebay does.

They are a nasty and unethical piece of work in my view - no better than the villains, spivs and thieves they work with and protect.

[JBaymore]

Please see the Poll here:

http://www.simviation.com/cgi-bin/yabb/YaBB.cgi?board=COF;action=display;num=1131034947

best,

.....john

[RollerBall]

John, with the greates respect I don't think that is the answer. The problems with Ebay go way beyond our little neck of the woods as I indicated in my previous post. And don't forget, the 'big' frauds you hear about are only the tip of the iceberg. If Joe Bloggs sends

[RollerBall]

However under the "time and cost argument", he could probably sell one and only one copy legally.

Matt

Sorry Matt, but that is absolutely incorrect. That is specifically excluded under usual FREEWARE terms which, if permission has been given by the copyright owner for the work to be distributed, only allow for the direct cost of distribution to be charged for. In this case, this would only include the cost of the media (ie the CD/DVD disk), the envelope and the stamp.

It is forbidden to make a charge for anything else including your 'time'. Absolutely no concessions to this unless you wish to include specific amendments in the Licence you include in the ReadMe that you distribute with your FREEWARE work.

The whole concept of FREEWARE must be vigorously protected and tawdry efforts by seedy individuals like this, supported by Ebay, to take advantage of it and the individuals who put in often thousans of hours to create it, must be recognised for what they are, without reservation and wholeheartedly condemned.

[Smoke2much]

I was about to ask, in words of one syllable or less, what this guy had done wrong.

It seems that Rollerball has answered my question.  Is Freeware thus protected under law or is it ethical guidelines?

Will

[JBaymore]

Roller,

I agree that it is not THE answer to the bigger eBay picture.... but it is another "brick in the wall".  And it addresses our small part of the big picture.  It certainly can't hurt.

And as you say at the bottom of your post..... we need to make it clear that such practices with freeware are NOT acceptable.

best,

.................john

[Tweek]

Is Freeware thus protected under law or is it ethical guidelines?

Selling other people's work is a form of stealing. Not directly taking money out of someone's pocket, but taking their work without permission, and gaining profit from it, is effectively taking money from the developers, who could well have sold their work, for profit of their own.