Re: [Flightgear-devel] Another person selling FlightGear on ebay

2009-10-22 Thread Bob Faulkner

I believe this person was well within their rights up until they claimed
copyright over the entire work. Even if they have copyright on accompanying
software they wrote to work with it, I believe they are required to license it
under the GPL if they distribute it with FG.

I'm pretty sure claiming copyright over it and stating (falsely) that it's
prohibited to copy, modify, or distribute it is a violation.

IF they removed that one bit from the page and they include an offer with the
software (not the ad) to provide the sources, they'd be compliant.

I'm not a lawyer though.

Email them and ask them to provide the source code and a copy of the license
it's released under. (They can charge a reasonable fee for processing and
materials for that, but they can't refuse to do it and pointing you to the
flightgear site isn't enough. THEY have to provide them.)

Bob

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 Date: Tue, 20 Oct 2009 16:11:43 -0500
 From: Curtis Olson curtol...@gmail.com
 Subject: [Flightgear-devel] Another person selling FlightGear on ebay
 
 
 Here's a slightly different wrinkle (maybe) on this whole selling 
 copies of FlightGear under dubious premises.
 
 In this case FlightGear is prominently displayed in the ebay ad, but 
 later they claim:
 
 Copyright
 This item is copyrighted. Any reproduction, duplication or resale of 
 any kind is strictly prohibited. Software included is either 
 released under GNU or contains our protected IP. Copyright ? 2009 MT 
 Software Solutions. All rights reserved.
 
 Is this a problem?  Here's the link so you can see it all in context:
 
 http://cgi.ebay.co.uk/Flight-Gear-Simulator-2009-for-Microsoft-

Windows-Vista_W0QQitemZ180388068783QQcmdZViewItemQQptZUK_PC_Video_Games_Video_Games_JS?hash=item29fff77daf
 
 Thanks,
 
 Curt.
 -- 
 Curtis Olson: http://baron.flightgear.org/~curt/


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Re: [Flightgear-devel] Another person selling FlightGear on ebay

2009-10-22 Thread Erik Hofman
Bob Faulkner wrote:
 I believe this person was well within their rights up until they claimed
 copyright over the entire work. Even if they have copyright on accompanying
 software they wrote to work with it, I believe they are required to license it
 under the GPL if they distribute it with FG.
 
 I'm pretty sure claiming copyright over it and stating (falsely) that it's
 prohibited to copy, modify, or distribute it is a violation.

They clearly state: 'Software included is either released under GNU or 
contains our protected IP' which could mean they created a separate 
application that installs FlightGear, or something similar.
Then it's perfectly legal to say you can't just copy the media as is.

Software that is connecting to FlightGear using a socket connection 
could be non-GPL also.

Erik

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Re: [Flightgear-devel] Another person selling FlightGear on ebay

2009-10-21 Thread Erik Hofman
George Patterson wrote:
 On Wed, Oct 21, 2009 at 8:11 AM, Curtis Olson curtol...@gmail.com wrote:
 Here's a slightly different wrinkle (maybe) on this whole selling copies of
 FlightGear under dubious premises.

 In this case FlightGear is prominently displayed in the ebay ad, but later
 they claim:

 Copyright
 This item is copyrighted. Any reproduction, duplication or resale of any
 kind is strictly prohibited.
 Software included is either released under GNU or contains our protected IP.
 Copyright © 2009 MT Software Solutions. All rights reserved.

This might be perfectly legal if they, for instance, ship their own 
installer. Then the package can't be sold as is (because if the 
inclusion of their differently copyrighted software), but you are 
allowed to grab FlightGear from the nmedia and give it to all your 
friends for example.

Erik

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Re: [Flightgear-devel] Another person selling FlightGear on ebay

2009-10-21 Thread Jon S. Berndt
Maybe there ought to be a continuous listing on eBay for FlightGear that we
put there, that mentions all the other rebrands, and prominently displays
the web site, that it can be downloaded freely. The idea behind the listing
wouldn't be to make money, just to set the facts straight.

Or something like that ...

Jon


 -Original Message-
 From: Erik Hofman [mailto:e...@ehofman.com]
 Sent: Wednesday, October 21, 2009 3:27 AM
 To: FlightGear developers discussions
 Subject: Re: [Flightgear-devel] Another person selling FlightGear on
 ebay
 
 George Patterson wrote:
  On Wed, Oct 21, 2009 at 8:11 AM, Curtis Olson curtol...@gmail.com
 wrote:
  Here's a slightly different wrinkle (maybe) on this whole selling
 copies of
  FlightGear under dubious premises.
 
  In this case FlightGear is prominently displayed in the ebay ad, but
 later
  they claim:
 
  Copyright
  This item is copyrighted. Any reproduction, duplication or resale of
 any
  kind is strictly prohibited.
  Software included is either released under GNU or contains our
 protected IP.
  Copyright C 2009 MT Software Solutions. All rights reserved.
 
 This might be perfectly legal if they, for instance, ship their own
 installer. Then the package can't be sold as is (because if the
 inclusion of their differently copyrighted software), but you are
 allowed to grab FlightGear from the nmedia and give it to all your
 friends for example.
 
 Erik
 
 ---
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Re: [Flightgear-devel] Another person selling FlightGear on ebay

2009-10-21 Thread Leonardo Fabian Grodek
On 10/21/09, Jon S. Berndt jonsber...@comcast.net wrote:

 Maybe there ought to be a continuous listing on eBay for FlightGear that we
 put there, that mentions all the other rebrands, and prominently displays
 the web site, that it can be downloaded freely. The idea behind the listing
 wouldn't be to make money, just to set the facts straight.

 Or something like that ...

 Jon



Excellent idea.

Fabian
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Re: [Flightgear-devel] Another person selling FlightGear on ebay

2009-10-20 Thread Victhor Foster
Check this out:
http://cgi.ebay.co.uk/Blender-3D-Graphics-Design-Animation-Studio-Software_W0QQitemZ180388068724QQcmdZViewItemQQptZUK_Computing_Software_Software_SR?hash=item29fff77d74#ht_6467wt_1021
I'm pretty sure I didn't have to pay £6 for Blender when I got it :D
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Re: [Flightgear-devel] Another person selling FlightGear on ebay

2009-10-20 Thread George Patterson
On Wed, Oct 21, 2009 at 8:11 AM, Curtis Olson curtol...@gmail.com wrote:
 Here's a slightly different wrinkle (maybe) on this whole selling copies of
 FlightGear under dubious premises.

 In this case FlightGear is prominently displayed in the ebay ad, but later
 they claim:

 Copyright
 This item is copyrighted. Any reproduction, duplication or resale of any
 kind is strictly prohibited.
 Software included is either released under GNU or contains our protected IP.
 Copyright © 2009 MT Software Solutions. All rights reserved.


 Is this a problem?  Here's the link so you can see it all in context:

 http://cgi.ebay.co.uk/Flight-Gear-Simulator-2009-for-Microsoft-Windows-Vista_W0QQitemZ180388068783QQcmdZViewItemQQptZUK_PC_Video_Games_Video_Games_JS?hash=item29fff77daf


Hi Curt,

While I'm not a lawyer, serveral things pop out in my mind.

The GNU license has been stripped and released with a no
reproduction, distribution or resale clause. The copyright has been
removed and replaced with there own. If they want to keep the
copyright on there own installation program (as an example), then it
should read as follows:

Copyright © 2009 Curtis L. Olson
Installation program Copyright © 2009 MT Software Solutions.

The images and probably the text on that page have been copied from
other sources. I'm sure the creator of the images would recognise
them. The ebay listing also contains watermarks on the images is
wrong. It the image was created by them or cited then fair enough.

Anyway, those are the most obvious things that stands out here.


Regards


George

The

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Re: [Flightgear-devel] Another person selling FlightGear on ebay

2009-10-20 Thread Christian Buchner
 The GNU license has been stripped and released with a no
 reproduction, distribution or resale clause.

Well, one needs to order the box and find out. If the program
copyright is misrepresented also on the DVD, there is a genuine
copyright problem for the seller. If it's only wrongly stated in the
ebay product description but not on the DVD, then it's really a false
statement in advertising which may expose them to liabilities other
than copyright law.

Fo a 5.99 GBP product, this box surey looks nice. And the test buyer
should really take them up on their E-mail support for the product.

I for one would welcome a lovey box for flightgear. Would surely look
nice next to X-Plane and the various MS Flight Simulaor editions ;)

Christian

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