selling freeware - what's the rules?

  • Thread starter Thread starter Will
  • Start date Start date
W

Will

Is this allowed?
Surely the dedicated freeware program authors must object to their software
being pedalled like this on Ebay.It's growing into a huge business.
Download a few free apps and browsers each month or just copy them off
magazine disks and add them to your CD. Run your adds continuously and watch
the money flow in.
Often the seller will have a cheap selling price and make a 500% profit on
the postage.

http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=4291&item=7117459097&rd=1&ssPageName=WDVW

or

http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=182&item=7117747553&rd=1&ssPageName=WDVW

There's also a few making a living out of selling Micorsoft service packs
and patches (available free) for up to $20 a CD.
 
Will said:
Is this allowed?
Surely the dedicated freeware program authors must object to their software
being pedalled like this on Ebay.It's growing into a huge business.
Click to expand...

Allowed? By whom?
Why are you getting you knickers in a twist about it. It may be
unethical, ammoral, but so are many things that go on.

It may be breaching copywrite law, but that happens all day every day.
When you talk about 500% profit you make it sound like these people are
making a killing. I'll bet you they are not - they're just sad
opportunists trying to make a buck off someone else's efforts and can't
imagine any of them are getting rich from their efforts.

Kennel down, spend less time on ebay and less time being bitter and
twisted about the scammers who have always been around and always will
be. Remember that only the foolish send them money and be grateful that
you are not that silly.
 
Is this allowed?
Click to expand...

I didn't check all the software on those disks, but for the GPL'd
stuff it's certainly allowed.

The second disk you gave the link for has shareware on it, but labeled
as freeware. That's probably enough to get eBay to yank it.
 
Will scribebat:
Is this allowed?
Click to expand...

This question cannot be answered for all software as yes or no, because it
simply depends on the license.

- free software (as defined by FSF) can be offered this way, it is
completely legitimate.

- freeware (gratis software) may or may not be offered this way, depending
on the license the author gave. For example, the AFPL forbids this
explicitly, so Aladdin Ghostscript must not be offered this way.
 
Will said:
Is this allowed?
Surely the dedicated freeware program authors must object to their software
being pedalled like this on Ebay.It's growing into a huge business.
Download a few free apps and browsers each month or just copy them off
magazine disks and add them to your CD. Run your adds continuously and watch
the money flow in.
Often the seller will have a cheap selling price and make a 500% profit on
the postage.
Click to expand...
Can't see an issue. The EBay link I clicked was well laid out and
didn't make any attempt to hide the fact it was freeware that was being
sold as well as showing exactly what software was on.

He's not charging a stupid price and it is no different to people
selling Linux Distros for a few $$ which they are legally OK to do as
you are allowed to charge a reasonable amount to cover costs. $3.95AUS
seems a reasonable amount.

Now if he'd been trying to sell OpenOffice for $50AUS then ou have an
argument.


--
Conor

Greedo shot first. Greedo ALWAYS shot first. You did not see Solo shoot
first.
It never happened. Never, ever. Not in any version. Remember: Greedo
shot first.
 
Is this allowed?
Surely the dedicated freeware program authors must object to their software
being pedalled like this on Ebay.It's growing into a huge business.
Download a few free apps and browsers each month or just copy them off
magazine disks and add them to your CD. Run your adds continuously and watch
the money flow in.
Often the seller will have a cheap selling price and make a 500% profit on
the postage.

http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=4291&item=7117459097&rd=1&ssPageName=WDVW

or

http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=182&item=7117747553&rd=1&ssPageName=WDVW

There's also a few making a living out of selling Micorsoft service packs
and patches (available free) for up to $20 a CD.
Click to expand...

The legality of all of this depends on the license of the freeware in
question. The GNU license, (I think these are the rules but haven't
confirmed), allows you to do whatever you want with the program, so long as
you give away the source code. GPL, I think is much the same where you have
to include the source code. So, if I wanted to sell OpenOffice for
instance, I can charge whatever I want for it, so long as I do not charge
for the source code. As it is freely available for download, only the
uninformaed or a fool would actually pay for the product. There are however
many people out there with only dial-up connections, and slow ones at that,
that would gladly pay 5 bucks to get a CD with this stuff already on it. In
this case it looks like the seller is really only charging for the work put
into putting this on a CD and shipping it and the media itself. As in any
industry there will be some price gouging going on, so buyer beware.

OTOH, many freewares state clearely that redistribution or copying the
software is strictly forbidden, in this case the seller would be in
violation.
 
Yea and I love it how the first link has about 10 lines of copyright info so
you won't "steal" any of the program on "his" CD.
 
Thanks fellas, I've read all your replies and agree with most of them. I
suppose there is a meagre opportunity to make money out of simply collecting
freeware programs from my monthly computer magazine, burning it to a CD and
putting it on Ebay. Or better still why don't I just buy one disk off Ebay
and burn copies of it and sell it instead?

As you say he can't have a copyright on something he doesn't own in the
first place. He doesn't have a legitimate right to anything but the money
for his materials and labour and that's only for the ones he sells
personally and I won't be taking that away from him. Of course Microsoft
might have something different to say but I couldn't find any info stopping
people from profiteering from their patches and service packs. When computer
mags include them on their monthly CD aren't they profiting by selling more
copies of the mag?
 
It may be breaching copywrite law, but that happens all day every day.
When you talk about 500% profit you make it sound like these people are
making a killing. I'll bet you they are not - they're just sad
opportunists trying to make a buck off someone else's efforts and can't
imagine any of them are getting rich from their efforts.
Click to expand...

In the pre-Internet-boom days, I worked for Public Brand Software, one
of the largest disk vendors of shareware and freeware in the US,
selling both through their mail order catalog and a 20+ line BBS. At
its peak PBS probably employed 30 or so people, had it's own tech
support staff for customers, owned its own building, etc. (all of
which required substantial income) and while it depends on your
definition of "getting rich" I don't think any of the owners were
exactly "hurt" when the company was sold to Ziff-Davis. The rumor at
the time was that the principals each made 7 figure sums from the
sale. I stayed with Ziff until 2001, when the company was sold to
C/Net, another outfit that makes "a buck off someone else's efforts."
My point being that there was, and probably still is, the opportunity
to make money doing this, whether it's done legitimately or not.
Hopefully the former.
Kennel down, spend less time on ebay and less time being bitter and
twisted about the scammers who have always been around and always will
be. Remember that only the foolish send them money and be grateful that
you are not that silly.
Click to expand...

I can think of a couple of reasons why someone would *still* buy a
compilation CD of freeware/shareware, none them foolish or scams. The
majority of the people using the Internet will have neither the
ability, interest, or possibly even the time that you may have to
track down software.

Dave
 
Well, it depends on the license you get with the freeware.

For example if anyone sold my programs I could sue them, because my usage
policy strictly forbids it.

If the disclaimer does NOT specify you can't sell them, you can assume you
may sell the software, even thought it isn't yours.
If the disclaimer doesn't specify you can't put it on a CD and sell the CD,
you can, too.

At least, I do think these are the rules.
It's the authors own stupid fault not to put it in the disclaimer.

Bart
 
Sorry, I should've read the replies first. D'oh!

Well, it depends on the license you get with the freeware.

For example if anyone sold my programs I could sue them, because my usage
policy strictly forbids it.

If the disclaimer does NOT specify you can't sell them, you can assume you
may sell the software, even thought it isn't yours.
If the disclaimer doesn't specify you can't put it on a CD and sell the CD,
you can, too.

At least, I do think these are the rules.
It's the authors own stupid fault not to put it in the disclaimer.

Bart


http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=4291&item=7117459097&rd=1&ssPageName=WDVW
http://cgi.ebay.com.au/ws/eBayISAPI.dll?ViewItem&category=182&item=7117747553&rd=1&ssPageName=WDVW
Click to expand...
 
I believe you can copyright a collection...as long as it
does not contain any copyright material, that the author
has not approved for the collection...

Wonder if this makes sense...oh well...

have fun....sno
 
<Is this allowed?
If the EULA for the software doesn't say anything against it, yes.

<It's growing into a huge business.
Where do you get that? The number of people doing it? What about
actual sales figures, which would be a more accurate indicator. If you
look at sales numbers I bet you wouldn't say it's a huge business.

<Run your adds continuously and watch the money flow in. Often the
seller will have a cheap <selling price and make a 500% profit on the
postage.
More like trickle in. When I sold my CD on E-Bay I listed for 6
months, no takers. I gave the CD's away and took a loss.

It depends on what you think of as profit. Gross profit, yes, but not
much. Net profit no, after you factor in your time spent burning the
CD, building the menu system, designing, creating and printing the case
inserts, buying cd mailers and postage. It's usually about break-even
in the "more trouble than it's worth" category.

<There's also a few making a living out of selling Micorsoft service
packs and patches
<(available free)
I doubt they are "making a living" at it. And if they are, so what? It
may be worth $5 to $20 to you not to have to spend the time
downloading. Not everyone has broadband. People who create freeware
compilation CD's are selling the convenience of not having to download.
I doubt any of them are taking credit for authoring the apps.
John H.
WWW.JHOODSOFT.ORG
 
<Is this allowed?
If the EULA for the software doesn't say anything against it, yes.

<It's growing into a huge business.
Where do you get that? The number of people doing it? What about
actual sales figures, which would be a more accurate indicator. If you
look at sales numbers I bet you wouldn't say it's a huge business.

<Run your adds continuously and watch the money flow in. Often the
seller will have a cheap <selling price and make a 500% profit on the
postage.
More like trickle in. When I sold my CD on E-Bay I listed for 6
months, no takers. I gave the CD's away and took a loss.

It depends on what you think of as profit. Gross profit, yes, but not
much. Net profit no, after you factor in your time spent burning the
CD, building the menu system, designing, creating and printing the case
inserts, buying cd mailers and postage. It's usually about break-even
in the "more trouble than it's worth" category.

<There's also a few making a living out of selling Micorsoft service
packs and patches
<(available free)
I doubt they are "making a living" at it. And if they are, so what? It
may be worth $5 to $20 to you not to have to spend the time
downloading. Not everyone has broadband. People who create freeware
compilation CD's are selling the convenience of not having to download.
I doubt any of them are taking credit for authoring the apps.
John H.
WWW.JHOODSOFT.ORG
 
ceg said:
And that's different than people from here selling a.c.f. compiled
CD's because?
Click to expand...

You mean all this time I could have been *selling* them????

I am such an idiot...
 
<There's also a few making a living out of selling Micorsoft service
packs and patches
<(available free)
I doubt they are "making a living" at it. And if they are, so what? It
may be worth $5 to $20 to you not to have to spend the time
downloading. Not everyone has broadband. People who create freeware
compilation CD's are selling the convenience of not having to download.
I doubt any of them are taking credit for authoring the apps.
John H.
WWW.JHOODSOFT.ORG
Click to expand...

I went to a Saturday computer market today and there was this guy there
selling Microsoft XP service pack 2 and other free programs for $15. The
kid had a box of 50 and when I went back 4 hours later (to return a faulty
item but that;s another story) the kid had five left. Not bad pocket money.
Let's just assume in the grossly unlikely event that he doesn't pay tax on
it and after paying less than $1 per item in production (no CD labels or
jewel case) he has made my net wage for the week on a Saturday morning.
 
People have been doing the same thing with shareware programs since before
Windows and before CD's.
 
Back
Top