Re: [ossig] What's your take on this.

[Dinesh Nair <dinesh@xxxxxxxxxxxx>]

On 28/08/2004 00:33 Charles F. Moreira said the following:
> official didn't quite understand the concept of the GNU-GPL and said 
> that users can download the software for free and use it as long as 
> it's for their personal use but if they resell it, then they can be 
> charged and prosecuted.

perhaps it needs pointing out to the ministry official that he does not
understand open source software. as you've correctly pointed out, all
open source licenses specifically allow distribution of the software. in
fact as you've mentioned FreeBSD 5.0, the BSD License allows
redistribution without source as well.

> 1.    Under the Copyright Act 1987. They will call the copyright 
> owner and ask them if they want to prosecute and go ahead if they say
>  yes.

zilch. i doubt either Linus Torvalds or the FreeBSD Foundation is going
to want to prosecute. :)

> 2.    Under the Trade Description Act 1972, Original Label (Label 
> Tulen) order 2002 where all software CDs sold must carry an original 
> label or certificate.

i would ask who's responsible for certifying this original software
and/or producing the stickers ? if it's the ministry, then they should
be informed that all distributors of OSS should be provided with the
stickers to use, or amend the legislation to take into account the
wishes of the copyright holder as embodied in the software license.

> 3.    Under the Price Control Act (Akta Kawalan Harga) 1946 whereby 
> the packaging must bear the full name and address of either the 
> manufacturer, authorsied distributor or dealer.

on this, it's hard to argue, other than to suggest that distributors
could use their own fullnames and addresses here as they are permitted
to redistribute open source software for a fee or for gratis. note that
the price control act is not specifically for software but rather for
all goods. this raises another question though, for software sold online
and distributed on the net, does this legislation come into effect then ?

> they can get any copyright owner to prosecute under 1. above but they
>  certainly could prosecute under 2. amd 3. if they were so
> determined.

i think it's unlikely. as you've said, they've probably netted enough
pirated software to prosecute on that without exposing themselves to a
can of worms by prosecuting for OSS.

> It also means that if you're one of the luckier ones with broadband 
> access and want to do the community a favour by burning a few Linux, 
> FreeBSD, etc CDs and sell it to anyone who wants them at prices 
> covering your costs, you'd be risking prosecution.

if they are going ahead, then let me know. i'd immediately go set up a
stall in low yatt selling freshly pressed copies of FreeBSD 4.10 and
FreeBSD 5.3-BETA1 for RM5 a pop. the kementrian is free to come and bust
me and by god i'll make them look stupid in court. heck, i may even turn
myself in to the BSA to claim the double whammy of that reward they're
offering.

> Of course, all this is academic and the Ministry would find it easier
>  to overlook a handful of CDs containing open source software when 
> they have an overwhelming number of pirated proprietary software and 
> games to prosecute the vendors for.

as i mention, this is more likely the case. they wont prosecute
specifically for the OSS CDs, but for the pirated ones.

-- 
Regards,                           /\_/\   "All dogs go to heaven."
dinesh@alphaque.com                (0 0)    http://www.alphaque.com/
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