Re: IMPORTANT: GIMP AND OPENSOURCE SCAM ON EBAY!

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On Thu, 23 Sep 2010 09:56:45 +0200, gg@xxxxxxxxxxx wrote:
> On 09/23/10 06:53, Konstantin Svist wrote:
>>    On 09/22/2010 09:05 PM, Abir Sadik wrote:
>>> This is some really serious violation going on, and i hope someone
>>> will do something about it. Some people who really dont know much
>>> about opensource are actually buying from that seller, check his feedback.
>>
>> Wrong. Selling most open source software is perfectly legal, according
>> to the licenses
>
> @ Konstantin
> WRONG: selling the software is not allowed as you would see from the 
> licence snip that you posted. A fee to cover the cost of distribution is 
> permitted. Not the same thing.
>
> If this seller was showing a reasonable price for distribution of his CD 
> that would seem ligit but it is hard to see how you can AUCTION a 
> distribution fee.

It has always been perfectly OK to sell a copy of GPL software (as
long as the license is otherwise met).  Otherwise, how could Linux
distributors sell boxed sets for profit?  And remember that the GNU
project was selling tapes of Emacs for $150 in the 1980's.  The GPL
says nothing about the price for selling a physical copy:

	You may charge a fee for the physical act of transferring a
	copy, and you may at your option offer warranty protection in
	exchange for a fee.

as opposed to providing the source, where it is restricted to the
actual cost:

	    b) Accompany it with a written offer, valid for at least
	    three years, to give any third party, for a charge no more
	    than your cost of physically performing source
	    distribution, a complete machine-readable copy of the
	    corresponding source code, to be distributed under the
	    terms of Sections 1 and 2 above on a medium customarily
	    used for software interchange; or,
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