Le samedi 18 novembre 2006 à 15:27 -0500, Jim Wilson a écrit :
> Andy's suggestion that this is ok because of the publicity value doesn't 
> detract from the 
> fraud aspect.  Has anyone asked for a copy of the license the seller is 
> offering "on request"?
> 
The real question we should address is : Does the seller provide the GPL
licence in the download, and does he provide, or offer to provide the
source code.
If he does, he can say whatever he wants on his website/publicity, there
is no GPL violation.


> In other words you can make a request to the seller to cease his operation,  
> or you can notify ebay of a violation without having to prove violation.  I 
> am reasonably sure 
> that Ebay will respect the wishes of anyone who can prove simply that they 
> hold the 
> copyright, regardless of the content or wording of the license.  They do not 
> expect you 
> to be a lawyer, and they will delist almost anything that is contested.  
> There is a 
> slight possibility that Ebay has a special policy for GPL license claims,  
> but I would 
> doubt that.
> 
Assuming there is no GPL violation, this can only be done by contending
to Ebay that the screenshot in the publicity is a copyright violation.
(I'm not sure what is the right term in english : rough translation from
french of what I mean here is "author rights", which is what covers by
default any creative work in french law.)

> The only question is then, do you want this seller's auction removed?  If you 
> want to 
> opinion of project members on this, the my vote would be yes, remove it.
So I think that the seller should be contacted to ask him politely if he
complies to GPL licence, and to point towards flightgear.org if he
wishes to continue to use those screenshots.

-- 
Jocelyn Couetdic


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