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Old 02-09-2004, 08:43 PM   #1
hobcat1
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Post Piracy or Not?


I'm sure its known to all, but Lindows recently, through a well-displayed coupon code, gave away downloads to their 4.5 Developer's Edition. Okay, so I legitimately bought it (in a way). Now, it gives directions to burn it to a CD, and I do. Now, the next part usually might cause....a "sore" spot, but would selling that CD on Ebay be considered piracy?

First off, it was given free to me, so they already lost something like 59.99 on that. Second, if I don't use it ( which I don't), and sell it, isn't it like selling the actual, in-box CD, though there is not assurance I wouldn't use it? If the website allows unlimited downloads of purchased software, isn't there something wrong with THAT system? I legitimately thought (only one, though) that I could sell that program. Perhaps I shouldn't have called it Lindows, but still.

Now, the man I sold it to just happens to be in "Law Enforcement" in California. Not that that scares me, as there's little he can do in Georgia. He "only" contacted Ebay and Squaretrade. I offered to refund with my CD back. Was I in the wrong? It seems that a downloaded copy would be just as good as a in-box copy if described the same way. This guy has some major hang-ups about doing anything minutely out of line. "Very disappointed," is he...
 
Old 02-09-2004, 08:51 PM   #2
sundialsvcs
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INAL, but I would opine that it is inappropriate for you to sell at a profit what cost you nothing, and to whose copyright you held no title. You could draw all kinds of lawyerly fine-points here, but I think the purchaser cut to the chase. Certainly the person to whom you sold it has every right to be pissed, and I gather it didn't take him too long to sniff it out.
 
Old 02-09-2004, 08:52 PM   #3
mikshaw
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Depends on the license. If it's under GPL, and all the included software is also GPL, you can do whatever you want with it, as long as you retain the GPL license with the product. If any part of the CD is non-GPL, you could very well be breaking the law.
 
Old 02-09-2004, 08:55 PM   #4
homey
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Probably a cyber cop of some sort. Anyway, I don't think Lindows intended for people to resell this. It was just a way for people to try the product, fall in love with it, and tell your friends. The agreement which you did agree to probably said as much.
 
Old 02-09-2004, 08:57 PM   #5
hobcat1
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Guess that's right....I jumped at the chance...
 
Old 02-09-2004, 09:01 PM   #6
trickykid
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AFAIK, you can sell it but once you do, your transferring the license along with it so you can't necessarily keep it and use it yourself no longer legally.

Read the License for the product on Lindows site or if it came with it. As much as I know, most of the software is GPL but I do believe their Click and Run software is not, so redistributing Lindows to make money off the one copy of yours is piracy.

Regards.
 
Old 02-09-2004, 09:10 PM   #7
homey
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You can make lots of friends at your new residence and show them how to use Lindows while you're there.
 
Old 02-09-2004, 09:26 PM   #8
hobcat1
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Ah-ha,ha....funny. I would never intentially sell pirated software. Besides, I refunded his money, he sends it back. He just wants to be rid of it like a prostitute would with herpes.
 
  


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