Melchior FRANZ wrote:
> Agreed. That's allowed. And unethical, as you let your "customers"
> pay for our free work and let them find out later. You mention
>   
I think while an ethical debate is good, perhaps flightgear-devel isn't 
the place really, probably just clouds the issue, which was originally, 
"is this a GPL violation".

If the source code is delivered on the CD as has been stated, then it 
would seem quite likely that the distribution is in accordance with the 
GPL (or at least largely).  I would suggest perhaps the distributor 
could send some prominent concerned developer a copy of their 
distribution to confirm the source code (for the binary as distributed) 
is included.

> Selling a rebranded version is OK. 
This is not aimed at you Melchior as obviously you and the other 
developers are well versed in the GPL, but just a note for the fellow 
lurkers here who may be wondering how it can be permitted;

The GPL does not forbid "selling" the software (for want of a better 
word).  It also does not restrict the price one may charge.  It only 
restricts the cost of distributing source code if and only if the source 
code is not distributed at the same time as a binary (ie. the 
distribution contains only an offer to give you the source on request, 
in which case that offer must be redeemable at "cost price"). 

There are some other conditions, but by and large, if you give the 
source code along with the binary, you are good to go for whatever price 
you can convince somebody to pay.

> Using our screenshots is a
> clear copyright violation! We only (used to) allow that for
>   
I think this is really the main issue to resolve.  I would suggest that 
it could be resolved in several ways, and that this is ultimately 
between the copyright holders of the images and the infringing party 
(and now that the developers are aware, not really something that needs 
to create noise on the list), but perhaps the simplest means of 
resolution would be for the infringing party to take down the screen 
shots, take their own screen shots, and apologise for the mistake.

PS: I really don't want to sound like I'm blindly sticking up for a 
fellow Kiwi, or this practice, or anything like that, because I'm 
absolutely not -- I'm just a lurking FlightGear user (zk-jrs on 
multiplayer).  I thought just that people were getting carried away on 
assumptions, diverting much needed developers from doing what they do 
best, which is creating more coolness for the mere users like me.

---
James Sleeman


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