At it again (or still)

[lewisboats]

Martijn went rounds with them before...they never could show what code they added to the program to let them start charging for it.

[Martijn_vE]

Originally Posted by lewisboats

Martijn went rounds with them before...they never could show what code they added to the program to let them start charging for it.

I've got the code right here. Nothing has changed except for the name, startup logo and the fact that all references to the GPL license are stripped from the code.

Any of you guys interested?
Special sale this week only $25

[Tim B]

Just to pick up on this discussion as a Software Engineer (both professional and Open-Source), this an issue that the community should be very aware of.

If you are developing software for distribution (free or proprietary) then the license agreement is a pretty important document. It is what gives you the legal right to prosecute for a breach of license, which may include unauthorised reselling, or, as in this case, outright theft.

The GPL is an interesting case of the license agreement:

It allows selling of verbatim and modified copies in source or object form. HOWEVER, it is very clear that VERBATIM means unmodified in any way. MODIFIED copies are covered by GPLv3 Section 5, which in essence says you may distribute a modified copy as long as it is clear that you have done so, and it is clear how you have modified it.

Modifying code to pass it off as your own is not only a despicable act in itself, but is to assume the Intellectual Property Rights to the code (which may have IPR from several developers). This is theft and is an offence (at least under UK Law).

I seriously hope that this gets sorted, because it is exactly what Open-Source software doesn't need. What hope is there for new developers if they see OS work being stolen for someone else's profit. It is not just down to the developers, but also the community to help prevent this.

Tim B.

[Andy]

I suggest taking this tosser to court. Some people are unbelievable.

[boat fan]

Originally Posted by Andy

I suggest taking this tosser to court. Some people are unbelievable.

Yes !!!!

[Jenny Giles]

Originally Posted by Tim B

Modifying code to pass it off as your own is not only a despicable act in itself, but is to assume the Intellectual Property Rights to the code (which may have IPR from several developers). This is theft and is an offence (at least under UK Law).

I seriously hope that this gets sorted, because it is exactly what Open-Source software doesn't need. What hope is there for new developers if they see OS work being stolen for someone else's profit. It is not just down to the developers, but also the community to help prevent this.

I agree with your sentiments, Tim, but it is not always realistic to take the offenders to court.

Firstly, there is the financial cost to consider.

Secondly, it can take a lot of time and effort to bring actions against people who might are not always easy to track down. What chance of success is there if the miscreants are using servers in Uzbekistan?

[Martijn_vE]

I happen to know his name and address, but that doesn't solve anything.
The GPL licennse allows anyone to modify open-source code and sell it for "a reasonable" fee.

Anyone with a bit of common sense can see right through his actions.
But legally it's a totally different matter, and it comes roughly down to the following questions:

1. To what extents has the code been modified.
Well, in this particular case the mode has been modified (the startup screen has been modified), but no functionality has been added or modified.
My personal opinion is that the latter is an important criterion.

2. What is a"reasonable" fee.
5$ is reasonable. 500$ clearly not.
Inbetween those values there is a gray area.

And yes, the effort and costs of taking this to court are going to be considerably.
Especially if one bears in mind that the original software is supposed to be avaliable for free.
This means that , apart from being right, there's nothing to be gained from a trial.

[lewisboats]

SSSSSatifaction.......Ha!ha!ha!ha! (you have to imagine the vindictive tone there)

Seriously...It sure wouldn't be worth the money or the effort to go cross country borders unless you had more money than sense. If that is the case though...Martijn...Adopt me!

[Martijn_vE]

Originally Posted by lewisboats

If that is the case though...Martijn...Adopt me!

You sure rank high on the list Steve.
But seriously, I think it's better to focus my time (and money) on improving DELFTship rather than on a program I stopped developing 3 years ago.

[lewisboats]

Too True. BTW...how much are the add-ons to DelftShip? Looking for the heeled info here but I think I need the add-on but I couldn't seem to find a pricing schedule

[Martijn_vE]

I'll send you the price list by P.M.
But bear in mind that most of the extensions are aimed at professional designers involved in designing (merchant) ships rather than boats.