What is "piracy" and is it ever justified - Page 7 - maemo.org

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	mrojas	2010-03-03 , 04:56
	Posts: 733 \| Thanked: 991 times \| Joined on Dec 2008	#61

Originally Posted by azorni

When you sold me your program, unless you had me sign a specific clause in the selling contract, you gave me that right to give this program to anyone I want. This is called alienation : the act of selling makes you give up some rights regarding what is sold.

So to answer your question, you have the right to charge $15 to anyone who wants you to give him your program.

But you don't have the right to invoke public force to punish someone who bought it to you and then gave it to someone else.

And here is, I think, the crux of the issue:

If were talking something tangible, like a car, if you sell it, you can't use it anymore.

If we are talking about something "virtual" like software, you could give away the disks and uninstall the software, and you would be in a similar situation to the car.

However, software can be duplicated, so you could give away a copy while retaining yours; which, in turn, would make ysss lose a potential customer.

That is why so many EULA forbid re-distribution.

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	ysss	2010-03-03 , 05:06
	Posts: 4,384 \| Thanked: 5,524 times \| Joined on Jul 2007 @ ˙ǝɹǝɥʍou	#62

Ok.

So I will slip in a EULA (End User License Agreement) that forbids redistribution that you will have to agree to before you install/use my software.

I would also have copy of the EULA available on my website so you can read it before you pay for the software.

Am I (legally, ethically) protected from software piracy then?

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	ysss	2010-03-03 , 05:09
	Posts: 4,384 \| Thanked: 5,524 times \| Joined on Jul 2007 @ ˙ǝɹǝɥʍou	#63

Originally Posted by azorni

My opinion is that software editors should not sell their products by individual copies, but instead they should sell publication.

Say your firm developed a software which reached $1M in development. You want to sell it and would like to make $100K benefit, i.e. 10% profit.

Instead of trying to sell 100 thousand copies of software to 100 thousand of people at a price of $11 each, you should first publish some restricted version of the software in order to create demand and have the public realize its usefulness. Then you sell the publication of the complete program, for a price of $1.1M.

Potential buyers would have no choice but joining their money in order to obtain the software.

According to me this is the only way to sell digital data without threatening any legal proceeding.

In other words, you have a problem with the amount of profit that I make?

Do take into account the risk that I'm taking.

And the fact that you have no idea what my costs are.

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	mrojas	2010-03-03 , 05:13
	Posts: 733 \| Thanked: 991 times \| Joined on Dec 2008	#64

Originally Posted by ysss

Ok.

So I will slip in a EULA (End User License Agreement) that forbids redistribution that you will have to agree to before you install/use my software.

I would also have copy of the EULA available on my website so you can read it before you pay for the software.

Am I (legally, ethically) protected from software piracy then?

Legally, I don't know. But ethically, you would be OK from my point of view.

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azorni	2010-03-03 , 05:23
Posts: 16 \| Thanked: 1 time \| Joined on Dec 2009 @ Paris, France	#65

Originally Posted by ysss

In other words, you have a problem with the amount of profit that I make?

Do take into account the risk that I'm taking.

And the fact that you have no idea what my costs are.

I have absolutely no problem with the amount of profit you make.

I have indeed no idea of your costs. That's precisely why you are the only one who decide at what price you want to sell your product.

Please do not misunderstand me.

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	ysss	2010-03-03 , 05:27
	Posts: 4,384 \| Thanked: 5,524 times \| Joined on Jul 2007 @ ˙ǝɹǝɥʍou	#66

Ok, so I'm still waiting for someone to give a good reason for pirating my software for $0.

Although my marginal cost may be $0 (not really), I will have ongoing operating and marketing expenses to keep my company afloat and to fund future projects.

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azorni	2010-03-03 , 05:29
Posts: 16 \| Thanked: 1 time \| Joined on Dec 2009 @ Paris, France	#67

Originally Posted by ysss

Ok.

So I will slip in a EULA (End User License Agreement) that forbids redistribution that you will have to agree to before you install/use my software.

I would also have copy of the EULA available on my website so you can read it before you pay for the software.

Am I (legally, ethically) protected from software piracy then?

As far I am concerned I tend to avoid buying any software that has a EULA. And when I do most of the time it's because I didn't realize it was in it. I like to really own the things I own. So I don't buy these stuffs.

Are you legally and ethically protected from software piracy with EULA ?

Yes, absolutely. Someone who bought your program, provided that he was really aware of the EULA, has committed not to give it away to someone else. He should not , neither legally nor ethically, do it.

But to me this is just as silly as trying to sell a car with a special clause in the contract saying that the buyer will have no right to lend the car to anyone, nor the friends or familly.

If you can find someone silly enough to sign such a contract, good for you, but I doubt this would be good for society.

Last edited by azorni; 2010-03-03 at 05:37.

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	ysss	2010-03-03 , 05:32
	Posts: 4,384 \| Thanked: 5,524 times \| Joined on Jul 2007 @ ˙ǝɹǝɥʍou	#68

Originally Posted by azorni

As far I am concerned I tend to avoid buying any software that has a EULA. And when I do most of the time it's because I didn't realize it was in it. I like to really own the things I own. So I don't buy these stuffs.

What if you need the software with EULA?

@mrojas: Yes, I completely agree with the pricing issues. It's a problem in many countries.

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azorni	2010-03-03 , 05:41
Posts: 16 \| Thanked: 1 time \| Joined on Dec 2009 @ Paris, France	#69

Originally Posted by ysss

What if you need the software with EULA?

Well I would buy it. I bought some XP CD, once. And maybe a few other softwares, occasionally. But if someone would have gave me one of his CD, I wouldn't have refused it. Well, after more thinking, I 'd rather refuse it, since it might be considered as recel.

Anyway I don't care since I tend to use only free software.

Last edited by azorni; 2010-03-03 at 05:55.