New Earth Software, selling FOF?

[jlg6184]

http://stores.ebay.com/New-Earth-Software

I've been ordering games from Ebay and stumbled across this group selling freeware games.

Some of the things they are selling include:
GIMP, Audacity, Frets on Fire, Battle of Wesnoth, Super Tux Kart, Secret Maryo Chronicles and many more.

While this is technically legal, is there anything that can be done about it, or does the wording in the GNU/GPL protect this fully. I always assumed that the wording was there for the creators of the software, not somebody reselling it to make a quick buck, I find it quite curious that some hack off the street can bundle the games up in a pretty disc and sell them for profit when the makers of the items in question offer them free of charge and don't receive any of the revenue.

[raynebc]

People should inundate him with questions about why he is selling something that is free, and is probably not following the open source licenses.

[amak11]

um, that's against ebay's guidelines if i remember right. As he inst the soul owner of the rights of the software or some legal mumbo jumbo

[J2r0a1n1]

Considering very few purchase software legally for PC's, I wouldn't find trying to sell freeware a big deal at all. -
I can guarantee that if you see a new PC game on a commercial, you're not going to go to target.com and check the prices; you're going to go to google.com, and look for the crack.
That would probably be why his auctions aren't getting any bids. :-)

[demoj]

Honestly if this guy somehow made FOF for the Xbox 360 (PS3, Wii) and it had a huge list of songs from various fretters to download 4 free from this site... I think it'd b prty sweet

[aander91]

Not to mention hilariously illegal.

[demoj]

Not to mention hilariously illegal.

yea but still...

[jstump91]

Not to mention hilariously illegal.

Disclaimer: I am not a lawyer, so the following is not to be considered legal advice.

Only if he releases binaries without corresponding source code, whether or not the software has actually been changed.

The GPL does not forbid anyone from selling software covered by it for money. It only requires that source code be made available under the GPL alongside any public binary redistribution of the program, whether or not there are changes made to it, and it allows anyone who obtains a copy of the software (binary or source) to redistribute it (and the source, if it was a binary distribution), modified or unmodified, gratis or for money, under the GPL.

People who redistribute or modify the software are also forbidden from removing any copyright and license notices that existed in the program.

This means the store cited by the OP is in the clear with respect to the GPL as long as no copyright or license notices were removed and the game is shipped either source-only, with complete corresponding source included, or with an offer included to provide the complete corresponding source code for free or for no more than the cost of the binary, and anyone obtaining source or binaries still has full rights to do anything the GPL allows them to do to the software, including give copies away for free, modify it, sell it, etc. The offer of source code (if that is the mechanism chosen) must also be valid for anyone who indirectly receives the software from the store (i.e. if someone who buys binaries gives their friend a copy for free).

See also: http://www.gnu.org/licenses/gpl-faq.html

[aander91]

Sorry, I was referring to the songs that he also mentioned that songs would be available for download.

[slashfan7964]

Even still tho...it's freeware...

[aander91]

Songs aren't freeware bro.

[slashfan7964]

Songs aren't, the game is...

[PiXeLaDo]

GNU is not THAT free you know? you can't get profit out of an open source project (read: can't sell it).
BUT you can charge IF you're selling a CD (or any physical storage media) with all those apps in it.

I'm not implying it makes it OK to sell freeware, just saying that you can charge for the CD

[warhol]

12c?

[PiXeLaDo]

what?