Is it ok to sell these things on trademe?

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Kilack

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#89935 12-Sep-2011 07:37

Stumbled over an auction where someone is basically selling windows service packs for $20 and selling ubuntu etc and fedora, driver disks... etc

He seems to be making a killing... looking at his sales..
http://www.trademe.co.nz/Computers/Software/Operating-systems/Windows/auction-406180956.htm

I feel sorry for the people paying $$ because obviously its all free to download etc..
I mean yes perhaps they don't want to download and are happy to buy the CD's etc...
but to me it more seems to be taking advantage of people that are desparately trying to solve pc problems.
I mean they are also selling software that erases HD's etc, but its all free software that they have collected and just burnt to disk...
Is it ok to profit on MS products like service packs? profit from ubuntu etc?

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#519761 12-Sep-2011 07:59

I wonder if they are genuine Win XP service Pack disks, or something he has copied or whipped together. If not official, then he is using Microsoft's name and logo's illegally.

jjnz1

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#519762 12-Sep-2011 08:02

At that price, I would consider that he is only profiting on the media and packaging etc, and not the software itself, which is fine and acceptable.

Looks like he found a niche market? But yes, I definitely wouldn't pay someone for this when I can download it for free.

jjnz1

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#519764 12-Sep-2011 08:07

keewee01: ...then he is using Microsoft's name and logo's illegally.

I don't think it is illegal because it is a genuine Microsoft product. He has just format shifted it.

Morally it is questionable, but not illegal.

Kilack

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#519766 12-Sep-2011 08:12

jjnz1:
keewee01: ...then he is using Microsoft's name and logo's illegally.

I don't think it is illegal because it is a genuine Microsoft product. He has just format shifted it.

Morally it is questionable, but not illegal.

Yeah, I looked through some of the questions on his past auctions, you can tell that the types of people buying from him have no idea about computers in general.
I guess there is no law about taking advantage of the ignorant and desperate .

Annoys me though :) but anyway, if its legal its all good I guess.

garvani

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#519771 12-Sep-2011 08:47

he is making a killing off Hiren disk's

! hmmm...

Kyanar

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#519802 12-Sep-2011 09:47

jjnz1:
keewee01: ...then he is using Microsoft's name and logo's illegally.

I don't think it is illegal because it is a genuine Microsoft product. He has just format shifted it.

Morally it is questionable, but not illegal.

Could be trademark infringement, if people are led to believe the disc is an official Microsoft supplied one.

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toyonut

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#519820 12-Sep-2011 10:14

Interesting he is selling Audacity. He hasn't rebranded it which is good, but it is still free online. He has heaps of GUN/GPL software. I guess this is ok because he says it is gnu/gpl and isn't charging much. Don't know how Richard Stallman would feel though.

Try Vultr using this link and get us both some credit:

http://www.vultr.com/?ref=7033587-3B

Lurch

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#519822 12-Sep-2011 10:20

$20 + $6 for a copy of service pack 3 he's downloaded? The CD would only be afew cents and posting a CD wouldn't be $6 even from Aussie.

sunfolk

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#519825 12-Sep-2011 10:22

get them cheaper from here...http://www.linuxcd.org/view_distro.php?lst=&id_cate=56&id_distro=445

Richard stallman wouldnt care, so long as the software is free as in libre not as in beer

alexx

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#519828 12-Sep-2011 10:26

Not sure about the Microsoft service packs - there are some licensing conditions involved there. However the GPL allows people to sell media containing Linux and other GPL'ed software and charge a reasonable price for the packaging as long as they don't take away any of the rights given in the GPL.

In the old days on dial-up (and before), buying CDs was the only reasonable way to get Linux distributions.

#include <standard.disclaimer>

gzt

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#519888 12-Sep-2011 12:10

Distributing and charging for distribution of self-replicated Microsoft service packs will get him in trouble for sure. As I understand it there is a specific licence agreement required for that.

With the GNU GPL he can charge as much as he likes for distribution of the binaries, as long as he makes the source available for a reasonable fee on request. Don't know about other types of open source license.

I doubt the selling party has given any thought to these issues. [Edit: If so, it is possible the selling party is in violation of other requirements of the GNU GPL in relation to distribution]

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blakamin

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#519893 12-Sep-2011 12:29

Pretty sure the car manuals are copyright & not for redistribution. Might ask BMW.

PaulBrislen

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#519896 12-Sep-2011 12:36

Is it worth posting some comments to this effect in his auction?

just a thought.

Paul

scuwp

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#519923 12-Sep-2011 13:18

Gosh, leave the poor industrious fella alone, he's just trying to make a living. Talk about tall poppy syndrome! It's not like he is doing anything really serious like downloading pirated movies or something (LOL)

Lazy is such an ugly word, I prefer to call it selective participation

jaymz

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#519926 12-Sep-2011 13:22

scuwp: Gosh, leave the poor industrious fella alone, he's just trying to make a living. Talk about tall poppy syndrome! It's not like he is doing anything really serious like downloading pirated movies or something (LOL)

I'm just miffed that I didn't think or do this earlier! Would have been a nice side income!

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