First, a parable:  

  The local supermarket sells shiitake mushrooms for 
  $5.00 per ounce.  About a mile down the road there 
  is an ethnic market that sells the same kind of 
  mushrooms for $5.00 per *pound*.

  You might have been told in high school that this 
  kind of thing can never happen in an efficient 
  market.  Well ... it turns out that the mushroom 
  market is not efficient.

  You might say wow, that's a huge markup.  I agree, 
  it's a huge markup.  On the other hand, huge markups 
  are perfectly legal.  There is nothing anybody can 
  do about it, except maybe to shop around.

Other examples abound.  Year after year, people buy
"breakfast cereal" despite the amazingly high markup.

In early 1976, a Mattel vice president compared a game 
I had written to a Pet Rock.  He meant it as the highest 
compliment, referring to something that millions of
people would gladly buy, even though there was obviously 
a high markup.
  http://en.wikipedia.org/wiki/Pet_Rock

On 03/17/2010 08:07 AM, Patrice Poly wrote:

> I think what this person(s) do here is *almost* legal.

I am not a lawyer, and I will not opine as to 
whether any particular thing is legal, but we
certainly must consider the hypothesis that what
FPS is doing is legal.  It's a plausible hypothesis.

Is FPS making money off of GPL software?  Yes ...
but that is expressly permitted by the GPL subject 
to some not-very-onerous conditions.  We can insist 
that FPS strictly uphold the conditions, but that 
will not stop FPS from doing the things that list 
members find most distasteful.

Is FPS charging a huge markup?  Yes, definitely ...
but there is nothing illegal about that.  Some of
the suggestions offered in this forum for trying
to prevent that would violate the letter and spirit
of the GPL.  Loosely speaking, the point of the GPL
is to prevent people -- including us -- from modifying
GPL software so as to make it non-GPL.

Is FPS guilty of plagiarism?  Yes, definitely ...
but this is not illegal, either.  It is IMHO morally
reprehensible, but it is permitted by the GPL.  In
another context, if you want to disallow plagiarism, 
you should use a Creative Commons / attribution license 
or some such.  The GPL was designed by and for people 
who thought the anti-plagiarism provisions of the BSD 
license were too much trouble.  In the context of FG, 
short of starting over and rewriting FG from scratch, 
I cannot imagine any way of "porting" FG to a more-
restrictive license.

==========

So, what *can* be done?

For starters, in this situation as in so many others,
sunlight is an excellent disinfectant.  If the FPS
guy is touting his wares in any open forum, you can
speak up in that forum, early and often, so that 
buyers know where to go for the cheapest and most 
up-to-date FG versions.  Don't get mad, just get 
the facts out.

You can even go so far as to write articles for the
various PC simulator magazines.  This includes
articles announcing the latest version of FG ...
and also perhaps articles doing a review, comparing
price and features, of the various offerings.  I
reckon somebody who increases the price without
increasing the features would not fare well in such
a comparison.

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