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Re: [ossig] What's your take on this.
Regulation on OSS distribution is difficult. It's
businees model does not follow conventional business
format or idea.
In my opinion, the best way to distribute/redistribute
OSS is via preloaded PCs where the CDs and the code
are given as part of the package with nominal charge
on the CDs or given free.
There are commecial distro with legal copyrighted
protection on their products also should be given the
fair copyright protection. however, left they may be.
--- Dinesh Nair <dinesh@alphaque.com> wrote:
>
> 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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