Guest jonnybump Posted May 18, 2003 Report Posted May 18, 2003 While browsing eBay earlier today, I came across yet another auction trying to sell several applications for the SPV which I'm assuming are without consent. I won't go into details but the link is here: http://cgi.ebay.co.uk/ws/eBayISAPI.dll?Vie...7&category=3312 I've yet to check out the Vero system so I'll be taking a look at that soon to try and close this auction down. This kinda thing really gets to me!! :x What's more is this particular auctioneer is trying to sell 94 copies not just 1! Just thought I would let you all know. Jonny
Guest Coolboy1982 Posted May 18, 2003 Report Posted May 18, 2003 While browsing eBay earlier today, I came across yet another auction trying to sell several applications for the SPV which I'm assuming are without consent. I won't go into details but the link is here: http://cgi.ebay.co.uk/ws/eBayISAPI.dll?Vie...7&category=3312 I've yet to check out the Vero system so I'll be taking a look at that soon to try and close this auction down. This kinda thing really gets to me!! :x What's more is this particular auctioneer is trying to sell 94 copies not just 1! Just thought I would let you all know. Jonny I saw that a day or two ago... The amusing thing is that he also sells the "torch facility" ;-) I suppose he initially listed 99 or 100 so that a handful of idiots have already bought this stuff! However, I wouldn't get too emotional about this, as there will always be software piracy on any platform!
Guest awarner [MVP] Posted May 18, 2003 Report Posted May 18, 2003 However, I wouldn't get too emotional about this, as there will always be software piracy on any platform! Nice attitude :roll: Remember Smartphone deverlopment is still new and needs all the support it can get. Without Developers what would we have? a usless brick that has a few nice features. All you have to do is report the post to Ebay informing them of piracy and the auction will be removed :) PS topic moved to Main
Guest awarner [MVP] Posted May 18, 2003 Report Posted May 18, 2003 I asked the seller why he was selling pirate software, he's his reply :D NICE TO KNOW YOUVE PLENTY OF FREE TIME ON YOUR HANDS YOU SAD SAD PERSON. I've got a headache from all that shouting :lol: :( :) Sad? but not a thieving B#*&%$£@
Guest Vector Posted May 18, 2003 Report Posted May 18, 2003 hehe, nice 1 awarner, how is that sad ?, he's the sad one because he's trying to make money out of other peoples good work, it's oh so very SAD :) :twisted:
Guest TSCRYPTO Posted May 18, 2003 Report Posted May 18, 2003 Has anyone actually reported this schmuppet to e-bay?
Guest nickcornaglia Posted May 18, 2003 Report Posted May 18, 2003 Tattle-Tale! Teacher's Pet! Software Police! Rat! "Ms. Teacher....you gave Billy a 85% on his test when he should have actually gotten an 83%...see, you missed this one!" Just Kidding! I'm in a funky mood today! Nice Detective Work!!! Give 'em HELL!
Guest adam Posted May 18, 2003 Report Posted May 18, 2003 How about selling Modaco Plus subscriptions on ebay, that should cost the pirates some business!
Guest Ed Posted May 19, 2003 Report Posted May 19, 2003 Is any of the software on his CD actually copyrighted?
Guest Gorskar Posted May 19, 2003 Report Posted May 19, 2003 Of course it is. There are commercial apps there which is blatent piracy, and freeware apps are still copywrited. Just becuase the author agrees to distribute his/her app as freeware does not mean they reliquish copywrite on their work, and they can still say how they want it distributed (most would NOT want other people making a fast buck of their hard work I should think!)
Guest Ed Posted May 19, 2003 Report Posted May 19, 2003 Of course it is.Yeah? There are commercial apps there which is blatent piracy Oh right, I didn't see that, which ones? and freeware apps are still copywrited.Well most of them are not. Just becuase the author agrees to distribute his/her app as freeware does not mean they reliquish copywrite on their work, and they can still say how they want it distributed (most would NOT want other people making a fast buck of their hard work I should think!) Well if it was never copyrighted in the first place they wouldn't have anything to reliquish, they have no say on how it's distributed and what they want is quite unimportant.
Guest mattat Posted May 19, 2003 Report Posted May 19, 2003 All freeware apps are copyrighted, in fact more or less everything that you produce that is 'original' [which has a slightly odd meaning in law] is protected by copyright. Computer programmes are a slightly odd case, but if you want information then see the European Directive on the legal protection of Computer programs. This requires a program to be an author's own intellectual creation for it to be protected. It does not require a © sign to be included - this merely provides evidence of the copyright owner's wishes. What most freeware applications have is a "non-exclusive user licence", meaning that more or less everyone has a right to use the software. This is implied into the making available with no restrictions of the code. The question is really whether you can imply a right to sell the software, and this is very unlikely to be the case (though it depends for example on the information supplied with the program - if it said that there was a right to redistribute for profit then it would indeed be allowed). If you want more information then just post here and ask, but I would be 100% happy to say that what he is doing is illegal. Motocross is a commercial application and not freeware, Pocket TV is supplied with a licence that explicitly forbids commercial use, and the movies that are supplied are protected under there own copyrights.
Guest Posted May 19, 2003 Report Posted May 19, 2003 Well if it was never copyrighted in the first place they wouldn't have anything to reliquish, they have no say on how it's distributed and what they want is quite unimportant. What the author wants is quite unimportant? You obviously have never written any software yourself, have you? And, as people have said copyright is an automatic right, belonging to the creator of the work. If they say it can't be distributed for comercial gain, then anyone that does that is breaking the law. And why should someone make money out of others work?
Guest Hax Posted May 19, 2003 Report Posted May 19, 2003 Well if it was never copyrighted in the first place they wouldn't have anything to reliquish, they have no say on how it's distributed and what they want is quite unimportant. Ed, Your not the auctioner are you? :) Hax
Guest spacemonkey Posted May 19, 2003 Report Posted May 19, 2003 This whole issue really just highlights the problem with eBay and similar sites, where people can sell ANYTHING. However, if they're illegal activitys become a problem, these people are relatively easy to track down as they must have paypal or something similar. Aside from that. It is DEFINITELY 100% illegal to sell items such as Motocross stunt racer. As to the freeware/shareware, the various people who have contributed to writing it do have a copyright but generally such software is distributed as is with a license to duplicate and redistribute at will as long as the program itself isn't changed. For items covered by the GPL this right is further extended by the right to modify code as long as modifications are also distributed. As to charging for it? Well, if it's just repackaging and distributing freeware (or shareware) then they are allowed to charge a reasonable rate for doing that, and the shareware industry has always had this (allthough less now we have the internet). So, even though I don't necessarily support what they are doing, I don't have a big problem with it apart from the fact that they seem to be also distributing commercial products such as Motocross which is clearly illegal. My site will always have the competitive edge for gnuboy (for example) because on my site it's free where as theirs costs £10.
Guest Ed Posted May 19, 2003 Report Posted May 19, 2003 What the author wants is quite unimportant? You obviously have never written any software yourself, have you?Yes. I've written and released a number of freeware apps. I didn't take out copyright on them so I have no rights or say as to what is done with them. And, as people have said copyright is an automatic right, belonging to the creator of the work. If they say it can't be distributed for comercial gain, then anyone that does that is breaking the law. Copyright is automatic in that it exists as soon as a work that can be protected by copyright is created in a material form* Your not the auctioner are you? No, and it's "you're", not "your" :) * Some irony here.
Guest awarner [MVP] Posted May 19, 2003 Report Posted May 19, 2003 *coff*bunch of grasses*coff* Always pro piracy every time this comes up ? makes you wonder :?
Guest Posted May 19, 2003 Report Posted May 19, 2003 Yes. I've written and released a number of freeware apps. I didn't take out copyright on them so I have no rights or say as to what is done with them. How do you not “take out” copyright? As soon as you release your software out into the wild and claim yourself as the author it is copyrighted to you. If someone challenges you over that claim then you would need proof (and source code usually does the trick!). You don’t need to register your software with anybody to “take out” copyright; it doesn’t work in the same way as the patent system. Even if you don’t specifically state that it can’t be distributed for commercial gain the law implies that no one can distribute it without your consent. If people do it is up to the author to decided if they are bothered chasing it up. Personally I would be annoyed if someone was making money from my work, but I wouldn’t bother with the hassle. And freeware generally means “free licence to use” not “free licence to distribute”. And I am not going to go into the argument over commercial apps; the legality on that one is obvious. Copyright is automatic in that it exists as soon as a work that can be protected by copyright is created in a material form For the purposes of software “material form” is taken to mean a compiled runtime / executable. Anyway, all of this is a moot point really; technically all of the work is copyrighted, technically the author of each piece of software has rights to enforce, in practice someone’s been a bit of a sly entrepreneur and made a quick buck. (Oh, and a couple of people that didn’t know better have been charged for stuff that is either a) pirated or :) they could have got for free :oops: ). I’m going to bow out of this thread now because it’s not worth debating the finer points of copyright law when I have no vested interest myself, especially since I feel that I am dragging the general jolly nature of the board down :( .
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