Selling Ubuntu on eBay

phantom_cyph · 01-27-2008, 01:30 PM

I'm serious, this guy is selling Ubuntu on eBay. Here is the item, and this is what I wrote him:

Quote:

I'm just curious as to why you are selling something that is free for download or delivery...

response:

Quote:

because i can

my response:

Quote:

good explanation for ripping people off. are you even a Linux user?

his unfriendly response:

Quote:

Hi, since your persistent!FYI- Let me elaborate. I own a computer shop. I also have used Linux, windows,OSX and most every operating system known to man! Some people still use dial up, some people dont have a working knowledge of how to use the program and some people dont want to wait 3-4 weeks for it to arrive in the mail. Those are my customers. I really place no value what so ever on your opinion either. Its no secret the operating system is free yet I still sell the crap out of it! Now go nother Dell and Acer for charging $50.00 extra for the operating system every time they sell one with it on there! BYEEEEEEEEEEEEEEEEEEEEEEEEEEE

Is it legal to sell something like that? I understand if its a distro he made, but Ubuntu's? I mean, he probably has them deliver the CDs to him in bulk, and then sells them for a profit.

Also, Dell and Acer actually set it up, configure, etc. This guy doesn't install it, he in fact charges for the OS, and more than that for the shipping. Plus, if you look at the eBay item page, it shows beryl/compiz, which has to be set up, that isn't stock. Thats like showing a fully customized sports car and selling you the stock one without power windows.

pixellany · 01-27-2008, 01:40 PM

It's legal to sell Ubuntu CDs
It's legal to be an opportunist
It's even legal to be a jerk..

Welcome to reality!!

phantom_cyph · 01-27-2008, 01:43 PM

Quote:

Originally Posted by pixellany

It's legal to sell Ubuntu CDs
It's legal to be an opportunist
It's even legal to be a jerk..

Welcome to reality!!

This sucks...how can we protect what we love? lol

choogendyk · 01-27-2008, 01:51 PM

It's a wild world out there.

I learned the hard way living on Long Island for 7 years and trying to run a business there. I got ripped off for thousands of dollars, because I innocently trusted other people who ran sizable businesses. I assumed someone running a sizable business with storefront, offices, etc. would be reasonably trustworthy. NOT. I found out from a collection agent that this one business was notorious for ripping off smaller businesses and kept a lawyer on retainer to counter sue anyone who tried to collect. Defense of a counter suit has to be paid for up front. Since most of the smaller businesses can't afford that, they drop the collection attempt.

P.T. Barnum's principle of a new sucker born every minute applies to businesses in dense population areas and on the web. Why is there so much spam? Because there is that small percentage who fall for it, thus making it profitable. So, following other principles, buyer beware. Especially in big cities and on the internet.

ilikejam · 01-27-2008, 03:09 PM

Unless he's supplying the sources along with the binary distro, then he's in breach of section 3 of the GPL.

pixellany · 01-27-2008, 03:15 PM

Quote:

Originally Posted by ilikejam

Unless he's supplying the sources along with the binary distro, then he's in breach of section 3 of the GPL.

I think you mean he is violating the GPL if he does not supply the source code. I seem to recall that the GPL says only that you have to make the source available. (By implication, this means he would have to supply it on request.)

Someone who feels adventurous can send him an e-mail asking how he is setup to comply with the GPL.

2damncommon · 01-27-2008, 03:39 PM

Quote:

Originally Posted by pixellany

I think you mean he is violating the GPL if he does not supply the source code. I seem to recall that the GPL says only that you have to make the source available. (By implication, this means he would have to supply it on request.)

Someone who feels adventurous can send him an e-mail asking how he is setup to comply with the GPL.

I wonder if this is on the right track.
If Best Buy sells boxed versions of OpenSUSE do they need to supply the source?

There are lots of websites that will sell you a CD/DVD of download versions of Linux.

XavierP · 01-27-2008, 04:10 PM

You can legally sell the CDs for whatever price you set. The polite thing to do is set the price at the cost of media + shipping + your time, but you can sell it for whatever the market will bear.

If pressed on getting hold of the source code he can just point you at the Ubuntu site and say it's there.

ilikejam · 01-27-2008, 05:12 PM

Quote:

Originally Posted by XavierP

If pressed on getting hold of the source code he can just point you at the Ubuntu site and say it's there.

Quoth the GPL, 3c:

Code:

    c) Accompany it with the information you received as to the offer
    to distribute corresponding source code.  (This alternative is
    allowed only for noncommercial distribution and only if you
    received the program in object code or executable form with such
    an offer, in accord with Subsection b above.)

Since he's /selling/ the CDs, this doesn't apply, so /he/ has to provide access to the sources.

dive · 01-27-2008, 05:39 PM

Does the cd contain any source code at all, like our beloved slackware?

ilikejam · 01-27-2008, 06:03 PM

Nope. The source CDs can be ordered through the Ubuntu site, and the sources are available there too.

Maybe our eBay seller is willing to send source CDs, or maybe he has a repo set up. Doubtful, but you never know.

2damncommon · 01-27-2008, 06:17 PM

Quote:

Originally Posted by ilikejam

Nope. The source CDs can be ordered through the Ubuntu site, and the sources are available there too.

Maybe our eBay seller is willing to send source CDs, or maybe he has a repo set up. Doubtful, but you never know.

Am I wrong to think he does not have to do more than offer the source for the same "nominal fee" as the distribution CD?

XavierP · 01-27-2008, 06:34 PM

The requirement to provide source code does not specify how this has to be done - you can put it on cd, print it out and mail it, offer it for download, read it out over the phone. You just have to make it available to anyone who asks legitimately.

ilikejam · 01-27-2008, 06:57 PM

Quote:

Originally Posted by XavierP

The requirement to provide source code does not specify how this has to be done - you can put it on cd, print it out and mail it, offer it for download, read it out over the phone. You just have to make it available to anyone who asks legitimately.

Nitpick, but anyway...
Not /anyone/. Only those he has distributed the binaries to.

2damncommon · 01-27-2008, 07:24 PM

I would never recommend ebay over what I would consider more legitimate sources for Linux CD/DVDs, such as Linux Central or Linux CD. There are others. But his offer seems fairly legit for ebay.

To me the most confusing issue is that he seems to be advertising a boxed set of what Dell preinstalls rather than just a Ubuntu live/install CD which is probably what is actually shipped.

Heck, he even has the "Bill recommends Ubuntu" joke.