Guilty until proven innocent

Discussion in 'NZ Computing' started by Lawrence D'Oliveiro, May 23, 2008.

  1. After all, if you're trying to resell software, that automatically means you
    must be a pirate, right?

    <http://techdirt.com/articles/20080522/0016171201.shtml>
    <http://www.channelregister.co.uk/2008/05/23/ebay_autodesk_ruling/>
    Lawrence D'Oliveiro, May 23, 2008
    #1
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  2. Lawrence D'Oliveiro

    Gordon Guest

    On 2008-05-23, Lawrence D'Oliveiro <_zealand> wrote:
    > After all, if you're trying to resell software, that automatically means you
    > must be a pirate, right?
    >


    Not in all cases.After all the GPL allows one to receive money in exchange
    for the software.
    Gordon, May 24, 2008
    #2
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  3. Lawrence D'Oliveiro

    peterwn Guest

    On May 24, 4:25 pm, Gordon <> wrote:
    > On 2008-05-23, Lawrence D'Oliveiro <_zealand> wrote:
    >
    > > After all, if you're trying to resell software, that automatically means you
    > > must be a pirate, right?

    >
    > Not in all cases.After all the GPL allows one to receive money in exchange
    > for the software.


    GPL'd software is entirely different. With GPL'd software the money
    is to cover the cost and media of making the software available for
    sale. There is no charge per se for the intellectual property.
    People will pay $35 to Philip Charles for a DVD containing GPL'd
    software for convenience. There is nothing to stop you burning a copy
    of the DVD he supplies for your friend or even selling it at $10 at a
    flea market etc.

    The issue the OP raised related to a vendor of proprietary software to
    prevent the resale of the product, or to put it another way to forbid
    the assignment of the licence. It is probable that courts may allow
    assignment unless the vendor has good reason not to and there is
    probably no good reason with respect to shrinkwrap software or even
    more so a computer loaded with the software (after all it is Microsoft
    who wants its OS on every possible PC).
    peterwn, May 24, 2008
    #3
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