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UK Government Confiscates Firefox CDs

Alsee writes "The idea that Free Software can be sold has some government officials perplexed. Times Online has the story. A UK Trading Standards officer contacted the Mozilla Foundation to report catching a business selling copies of Firefox. The organization confiscated the CDs with the intent to prosecute said business. When informed that such distribution was authorized, the officer first expressed disbelief that Free Software could be sold then said 'If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation'."

540 comments

  1. I love Mozilla by Nick+Fury · · Score: 0, Offtopic

    I 3 Mozilla Foundation.

    1. Re:I love Mozilla by Anonymous Coward · · Score: 3, Funny

      Where's the (-1, Too Stupid to Correctly make a <)?

    2. Re:I love Mozilla by Anonymous Coward · · Score: 0

      I read that as he poops on mozilla...

    3. Re:I love Mozilla by tuckerteeth · · Score: 3, Funny

      Junior ministers have already been deployed to find out what the government should do about free software...
      "It goes against the grain to have this sort of thing going on in Great Britain. We've partially dismantled free speech and the freedom of movement. We will need to review what can be done to combat this new threat." (quote was made up).

    4. Re:I love Mozilla by Mike+Savior · · Score: 1, Funny

      In that case... what a cute bum.

      --
      space is pretty cool.
    5. Re:I love Mozilla by db32 · · Score: 1

      Maybe is key is broke. You insensitive clod!

      --
      The only change I can believe in is what I find in my couch cushions.
    6. Re:I love Mozilla by myurr · · Score: 1

      Like your 'H' key?

    7. Re:I love Mozilla by zodiaccat · · Score: 1

      Nono, I understand what he was saying; he more-than-loves Mozilla. Y'know... since 3 is more than 3 . Brilliant!

    8. Re:I love Mozilla by zodiaccat · · Score: 1

      Or... y'know, since both he and I were too stupid to click "Extrans," which would have prevented the
      But yeah. 3 is more than <3.

  2. Licenses by eldavojohn · · Score: 5, Informative
    Some of the licenses allow for people to charge for distributing the software. After all, they burned it to a disc and probably did all the labeling. You're paying for nothing more than the time and resources that went into this. Is it wrong to charge $10 per CD with Mozilla on it? Probably, but I don't think it's illegal. You simply have to disclose that there is no warranty and state that the software falls under the MPL.

    As Section 3.5 states:
    You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
    Do not confuse the MPL with the GPL, folks.
    'If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation.'
    Well, Mozilla falls under the MPL. I'm not sure any other software falls under this license. For that reason, anyone distributing software that falls under other licenses should be investigated. I'm not sure how people distributing Mozilla legally at a charge prohibits you from arresting people who are distributing copyrighted software which they made their own copies of.
    --
    My work here is dung.
    1. Re:Licenses by MooCows · · Score: 1

      Is it wrong to charge $10 per CD with Mozilla on it?

      Actually, I believe it is.
      Mozilla (and Firefox, etc.) are trademarks of the Mozilla Foundation.
      IANAL but I don't think you can go around selling Mozilla-branded items without permission from the Mozilla folks.

      --
      The path I walk alone is endlessly long.
      30 minutes by bike, 15 by bus.
    2. Re:Licenses by ajs · · Score: 3, Interesting
      Why on earth would it be wrong to charge (any amount) for Firefox?! The benefits are vast:
      • Everyone who buys it is reducing load on the download servers and mirrors
      • Those who actually offer some added value will sell better. This encourages Firefox development (in the same way that Red Hat, Mantiva, Novell, IBM and many others have contributed to Linux).
      • In many places, offering a product for sale implies a certain amount of warantee which cannot be disclaimed, on the part of the seller (lemon laws, etc). This gives consumers leverage by which to demand things like security updates, which further incents distributors to participate in Firefox development.
      • Many people in the world with very slow, noisy connections to the Internet cannot reasonably download something as large as Firefox.
      • For every dollar (or Euro or Pound) spent on Firefox CDs, there is more measurable sale of open source software.
      • Overseas sales will encourage better regionalization enhancements.
      • Since you can download it for free, those purchasing it are likely people who would NOT have used Firefox otherwise (perhaps they just don't trust free software, or perhaps they would not have come acorss it other than on a shelf).
    3. Re:Licenses by Anonymous Coward · · Score: 5, Informative

      You can charge for GPL'd software also. The important thing is the freedom to review and edit the way the program works, not the fact that GPL software is TYPICALLY, BUT NOT ALWAYS, distributed for free.

      In that respect, it's no different than the MPL or the multitude of similar open source licenses ou there.

    4. Re:Licenses by albalbo · · Score: 4, Informative

      You can, so long as it's the original. If you modify the software, you have to rebuild it without the branding, unless you have MoFo's permission.

      --
      "Elmo knows where you live!" - The Simpsons
    5. Re:Licenses by albalbo · · Score: 1, Insightful
      Do not confuse the MPL with the GPL, folks.
      Well, indeed, but how is that relevant ? The GPL allows you to charge for distribution also. The only thing you're not allowed to do is charge an unreasonable amount for the source code.
      --
      "Elmo knows where you live!" - The Simpsons
    6. Re:Licenses by drakaan · · Score: 4, Informative
      The IANAL comment saves you on this one. Trademark prevents another company making another product from confusing customers by using your mark.

      If they were distributing a different browser and calling it Mozilla or Firefox then they'd run afoul of trademark law. What's at issue here is copyright, which is added to by the MPL that explicitly allows for copying.

      The fact that the cops can't comprehend what's allowed via the MPL is humorous, as is their failure to understand how it relates to copyright with no additional permissive license.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    7. Re:Licenses by 91degrees · · Score: 1

      Is it wrong to charge $10 per CD with Mozilla on it?

      Do you mean from an ethical point of view? i.e. Is it wrong to charge people that much for doing so little work? If that's what your asking, my answer is "no". It's also not wrong for me to charge $9 for the same CD. Free market forces work rather nicely here.

    8. Re:Licenses by sepluv · · Score: 3, Insightful
      Do not confuse the MPL with the GPL, folks.
      The GNU GPL clause on this is different how?

      In fact, restricting commercial distribution would make the software non-free (see the FSF's free software definition, the Debian Free Software Guidelines or the OSI's open-source definition).

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    9. Re:Licenses by sepluv · · Score: 1
      Mozilla legally at a charge prohibits you from arresting people who are distributing copyrighted software which they made their own copies of.
      Well..clearly...TS assume that anyone making copies of anything that they didn't write themselves is unlawful. Someoene tell them about these things called copyright licenses...oh and fair use, the public domain and uncopyrightable works.
      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    10. Re:Licenses by Raven42rac · · Score: 3, Funny

      Free as in speech, not as in beer. You CAN sell "free software" Look at the packaged linux distros. English cops=n00bs. RTFM bobbies.

      --
      I hate sigs.
    11. Re:Licenses by Uber+Banker · · Score: 4, Funny

      Hehe,

      Everyone who buys it is reducing load on the download servers and mirrors
      I download one copy for every copy i burn.

      Those who actually offer some added value will sell better. This encourages Firefox development (in the same way that Red Hat, Mantiva, Novell, IBM and many others have contributed to Linux).
      I only sell it to Microsoft employees who promise to burn every copy.

      In many places, offering a product for sale implies a certain amount of warantee which cannot be disclaimed, on the part of the seller (lemon laws, etc). This gives consumers leverage by which to demand things like security updates, which further incents distributors to participate in Firefox development.
      I tell them the security update warnings are spammers, and that I won't update it for them.

      Many people in the world with very slow, noisy connections to the Internet cannot reasonably download something as large as Firefox.
      I give them Opera.

      For every dollar (or Euro or Pound) spent on Firefox CDs, there is more measurable sale of open source software.
      Sales are unregistered with tax, etc, authorities.

      Overseas sales will encourage better regionalization enhancements.
      If someone from overseas orders a copy, I send them an empty box.

      Since you can download it for free, those purchasing it are likely people who would NOT have used Firefox otherwise (perhaps they just don't trust free software, or perhaps they would not have come acorss it other than on a shelf).
      To encourage sales, I have a large advert in my shop window stating that the MD5 sums on Mozilla's website are incorrect because Mozilla is an increasing target of hackers and they regularly hack the site and put malicious copies in the place of genuine copies. Only I have genuine copies, only I, only for $50.99.

      I have too much time on mu hands, you insensitive clod!

    12. Re:Licenses by wilsone8 · · Score: 1

      See Also: Red Hat.

      --
      The real problem is not whether machines think but whether men do. - B.F. Skinner
    13. Re:Licenses by Anonymous Coward · · Score: 0

      Isn't FF tri-licensed(GPL/LGPL/MPL)?

    14. Re:Licenses by VolciMaster · · Score: 4, Funny
      unless you have MoFo's permission.

      Man, there's a particularly unfortunate abbreviation.

    15. Re:Licenses by Anonymous Coward · · Score: 0
      is it wrong to charge $10 per CD with Mozilla on it? Probably

      Probably? What if the buyer and seller both agreed, 100% voluntarily, on the price? Is it still "wrong" then? How can any instance of voluntary association be "wrong"? And how can you possibly judge a transaction to be fair or unfair when you haven't even consulted the actual parties involved in the transaction?

      The bottom line is that you don't have the slighest voice in any of this. Only the buyer and seller are involved in the transaction, and therefore, only the buyer and seller have any right to say whether the transaction is fair.

    16. Re:Licenses by Directrix1 · · Score: 1

      So if I sell pencils called 'Microsoft Windows Vista Ultimate Edition' for $200 bucks each over the internet, then I am not violating trademark law?

      --
      Occam's razor is the blind faith in the natural selection of least resistance and in universal oversimplification. -- EF
    17. Re:Licenses by Anonymous Coward · · Score: 5, Funny

      Unfortunately awesome, maybe.

    18. Re:Licenses by musicalcarrion · · Score: 2, Insightful

      Disclaimer: I don't know anything about UK copyright law, a small amount of the US stuff and more than I wish to know about Australia copyright law.

      I'm seeing this sort of problem a lot lately. A vast number of people (including people who should know) don't seem to realise that most copyright laws are just a fallback state for authors of works who don't specifically set the terms that their work is distributed under. It is still always up to the author, isn't it? If the author of the work (OK, the copyright owner) says that it's OK, then there's no problem. Nobody's breaking any copyright law. If Mozilla had been developed and there wasn't a specific license agreement, they'd probably find themselves in trouble.

      It's like the music I make available for nothing over the web. People can redistribute it and copy it under the terms I've specified. If I hadn't specified the terms, they'd be limited to what the (Australian) copyright laws allow.

    19. Re:Licenses by pgpckt · · Score: 1

      No, I agree with the GrandParent post.

      "IANAL but I don't think you can go around selling Mozilla-branded items without permission from the Mozilla folks."

      This seems to be an accurate view of the law.

      Mozilla is a registered trademark in the United States. http://tarr.uspto.gov/servlet/tarr?regser=serial&e ntry=74698316 .I will assume it is in the UK as well for the purposes of this problem. This being the case, Mozilla has both a trademark interest and a copyright interest in their works.

      Turning to the Lanham Act, section 32(b) (again, USA law, I assume UK law is similar):

      "Any person who shall ... reproduce ... a registered mark and apply such reproduction ... to ... packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, shall be liable...."

      While there is no likelihood of confusion as to the actual product (the software), there is likelihood of confusion as to the source of the product. A person seeing a CD labeled "Mozilla Firefox" could be confused into believing that the CD itself was produced by Mozilla and that the source of the physical CD itself is from Mozilla.

      There may be a fair use defense under the Lanham Act, section 33(b), particularly 33(b)(9), but even still, Mozilla has a trademark interest and we have to work through the analysis.

      Of course, there is also a copyright interest in the software on the CD. But I do believe that the GP post was correct that there is both trademark and copyright interests at stake.

      I am not a lawyer. None of this is not legal advice.

      --
      Lawrence Lessig is my personal hero.
    20. Re:Licenses by Joey+Vegetables · · Score: 1

      Some of the licenses allow for people to charge for distributing the software

      Not just some but all free software licenses, by definition.

    21. Re:Licenses by johneee · · Score: 1

      Heh.

      It reminds me of the booming business (back in the day) there was selling shareware software for five or ten dollars in the stores.

      I always wondered how many people were very confused when installing it and then being told that they should send money to the developers if they liked and continued using the software since they had already paid for it.

      I was always kind of peeved at it since I'm sure the people who packaged and distributed the discs probably made far more than the developers ever did. I guess middle men always make more than the creators of a work... Plus, at the time there wasn't a handy dandy interweb thingy for people to get the shareware if they didn't buy it, so it definately had a reason to be.

      --
      - ------- There are ten kinds of people in the world. Those who understand binary, and those who... Huh?
    22. Re:Licenses by Anonymous Coward · · Score: 0

      I love the screeching headline of this article "UK Government confiscates...". It was a clueless trading standards officer who is querying this -- a local civil servant (government employee) who is over-worked and not briefed... probably handed a list of names/email/numbers and told to contact them regarding their software being found. The headline makes it sound like Tony Blair has personally authorised the move.

      It was probably two minutes before someone in her office told her what the deal was.

    23. Re:Licenses by Anonymous Coward · · Score: 1, Insightful

      Probably. The issue with trademark law is whether customers are likely to be confused. You could certainly argue that pencils and operating systems are sufficiently different that no one would be confused, but the specficity of your chosen name would probably do you in. Of course, this has absolute nothing to do with copyright law, as you haven't copied anything. On the other hand, if you sell copies of Microsoft's operating system under that name (or any other), you are in violation of copyright law, not trademark law. Open source software is concerned with copyright. You are explicitly granted the right to make copies and do with them what you will, subject to the terms of the different licenses. So you aren't violating trademark, because you aren't trying to use someone else's trademark to sell *your* product, and you aren't violating copyright, because you are explicitly allowed to make and sell copies. Thus, you're legally clear.

    24. Re:Licenses by d_jedi · · Score: 1

      Practically, though, GPL software can only be distributed for free, as there's nothing stopping someone who buys a copy of the software from turning around and giving it away for free to everyone else.

      --
      I am the maverick of Slashdot
    25. Re:Licenses by Kombat · · Score: 1

      So if I sell pencils called 'Microsoft Windows Vista Ultimate Edition' for $200 bucks each over the internet, then I am not violating trademark law?

      You might possibly get into trouble there, simply because you're obviously going out of your way to achieve brand similarity with an established entity. However, it is true that simply having the same name as an existing product/company is not a violation of trademark law. Take, for example, "Ford" the car company and "Ford" the modeling agency. Kraft foods versus Kraft music. Apple computer and Apple Auto Glass. There are lots of examples where companies in non-competing industries share the same or similar names.

      --
      Like woodworking? Build your own picture frames.
    26. Re:Licenses by Hellkitten · · Score: 1

      So if I sell pencils called 'Microsoft Windows Vista Ultimate Edition' for $200 bucks each over the internet, then I am not violating trademark law?

      That depends on trademark law where you come from. Seeing as I could legally sell a product called "Windows" (the kind you use to look outside without leaving that annoying hole in the wall), without infringing on Microsofts trade mark. Your suggested name is a little more specific and may be targetted by the law, but as it isn't a product in the realm of the trademarked item (operating systems, computer programs) it may technically be legal in some parts of the world. And you'd have to make sure your internet site only sells to the countries where you could get away with it.

      But you should make damn sure that your buyer knows that the actual product is a pencil, or you could get run over by different kinds of consumer protection laws, even if that particular countrys trademark laws didn't target you

      This is not legal advice, I am obviously not a lawyer, or you would never have seen the bullshit above

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
    27. Re:Licenses by Frazbin · · Score: 1

      Laws, laws, laws. Let's not get too litigation happy. If everybody involved think it's ok (i.e. the copiers and the software foundation) then, with things like this, nobody's done anything wrong. Right? The idea of copyright law stabbing the copyright holder inadvertently by forcing him to adhere to the same crippling licenses that proprietary, corporate, software uses is a crazy idea every way you think about it. I guess it's a good thing that isn't what's happening.

    28. Re:Licenses by bruce_the_loon · · Score: 1

      Your suggested name is a little more specific and may be targetted by the law, but as it isn't a product in the realm of the trademarked item (operating systems, computer programs)

      But it would accomplish much of the same tasks as the Windows OS would for most people. Surely a breach of trademark would be considered for this.

      --
      Trying to become famous by taking photos. Visit my homepage please.
    29. Re:Licenses by FireFury03 · · Score: 1

      Practically, though, GPL software can only be distributed for free, as there's nothing stopping someone who buys a copy of the software from turning around and giving it away for free to everyone else.

      I think people like Red Hat, SUSE, etc would disagree with you to some extent. If you buy RHEL you get software _and_ support for a certain amount of cash. Much of the software is free but it is essentially being sold by being bundled with the support (and guaranteed future updates).

    30. Re:Licenses by that+_evil+_gleek · · Score: 2, Funny

      Maybe, they should have explained as shareware, but you only have to pay $0 to register it ;-]
      (and you don't have to register it )

    31. Re:Licenses by Jasper__unique_dammi · · Score: 1

      I think if you happen to come along and you want the source code, then they'll have to give it for free. (somehow, does not have to be on a cd (because cd costs))
      I think least the GPL requires that you keep the source free, no strings on how you get that. So its a bit pointless to try to sell it to people who know how to compile it.

      Ok I am setting a bad example, should have read the GPL before saying this.

    32. Re:Licenses by YomikoReadman · · Score: 1

      If you buy RHEL you get software _and_ support for a certain amount of cash

      Actually, in this case, you're really only paying for support. If you wanted a copy of RHEL, IIRC you can get the binaries from RH free of charge. However, there is a disclaimer saying that you agree to expect no support from RH should something go wrong.

      --
      I have no regrets, this is the only path.
      My whole life has been "UNLIMITED BLADE WORKS"
    33. Re:Licenses by Anonymous Coward · · Score: 1, Informative

      The Great British have different Trademark law, and I think because they are much smaller geographically than the US (and have fewer businesses) they don't allow confusingly similar business names even across different industries.

      I think thats part of why Apple Records Vs. Apple Computer was such a big hubbub, they sued in the UK multiple times, under UK law which gives more rights to Apple to protect their Trademark. In the US Acme Auto Parts is going to have a hard time suing Acme Clothes Pins (unless they steal their logo or something).

    34. Re:Licenses by mjm1231 · · Score: 1

      I disagree. I have never had a pencil give me a blue screen of death.

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    35. Re:Licenses by FireFury03 · · Score: 1

      Actually, in this case, you're really only paying for support.

      From a strictly technical point of view you're right. But in reality you are _effectively_ selling the software as well since it's bundled with the support - you can't get the support without the software, they are a package.

      Similarly, selling FireFox on CDs you're _technically_ selling the media and the work involved in burning the CD, but for all intents and purposes you're effectively selling the software, media and service - they are bundled together, you can't buy the media and copying service without the software.

      It's really just understanding how the masses view the transaction. How many times have you heard someone say something like "I've bought Microsoft Office"? They haven't, they've bought an aluminium and plastic disc, a cardboard box and a _licence_ to use the software. In the MS Office case, the licence you just bought may even be completely worthless to you as it may contain a clause that prevents you from using the software (since you can't view the licence until you've bought it). But from the perspective of most end users they have bought the software - they don't care about the legal technicalities.

      Same goes for music and videos, etc. This is partly why many people get confused and angry about what they're allowed to do with stuff - as far as they're concerned when they bought a CD, they bought the actual music on it and don't see why they shouldn't be allowed to listen to it on their iPod. Infact they bought a licence to use the music in a certain way and that licence forbids them from using it how they want.

      Whether or not you should be _required_ to agree the a licence (that you probably haven't seen) before you can use the content you've paid for, and whether that licence should be able to restrict your fair use rights, etc. are of course other matters open to debate.

    36. Re:Licenses by DeesEesLobo · · Score: 0

      Legally speaking, if you're using someone else's trademark to sell your product, then you are violating trademark law. That is only if your product is different from the trademark product.

      If your product is the same, then you may be violating copyright laws. But that's not the case with FF anyway. So you are a distributor/reseller of the product and resellers have their margins.

      Personally, I think selling FF for $10 on CDs is a great idea. Private enterprise can increase the adoption of FF (and other open source software) and they should be adequately compensated for that. Remember, they may be selling to your grandma who probably will never even hear about FF otherwise. There is effort involved in burning software to a CD and seeking out grandmothers to sell it to (and making their online experience more secure).

      --
      2+2=5 for very large values of 2.
    37. Re:Licenses by networkBoy · · Score: 2, Funny

      Nah,
      Validation Department. Now there's an unfortunate abbreviation.
      We changed our name to Design Validation Lab shortly after.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    38. Re:Licenses by Anonymous Coward · · Score: 0

      What about 6 minute abs?

    39. Re:Licenses by FudRucker · · Score: 1

      yes, the software on the CD is free, users are just paying for the cost of manufacturing the CD and shipping & handling...

      --
      Politics is Treachery, Religion is Brainwashing
    40. Re:Licenses by delong · · Score: 1

      None of this is not legal advice

      Watch your double negatives there, my man. :)

    41. Re:Licenses by jokewallpaper · · Score: 5, Funny
      Check out www.MoFo.com http://www.mofo.com/

      The big law firm of Morrison & Foerster..."Over one thousand lawyers worldwide"

      That's a lot of mo fos

    42. Re:Licenses by lhand · · Score: 1

      >I don't think you can go around selling Mozilla-branded items without permission from the Mozilla folks.

      Correct.

      And the license gives you that very permission. At least for the software--you'll have to work out the T-shirt merchandizing some other way.

    43. Re:Licenses by budgenator · · Score: 4, Funny
      Actulay it's also a law firm
      With more than a thousand lawyers in nineteen offices around the world, Morrison & Foerster offers clients comprehensive, global legal services in business and litigation. The firm is distinguished by its unsurpassed expertise in finance, life sciences, and technology, legendary litigation skills, and an unrivaled reach across the Pacific Rim, particularly in Japan and China. We have one compelling mission: to deliver success for our clients.
      Morrison & Foerster.
      Attorney A "Who are we up against?"
      Attorney B "It's the MoFo's."
      Attorney A "That just great!"
      I guess if you need an attorney, you'll want one that's a real MoFo.
      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    44. Re:Licenses by pthisis · · Score: 2, Informative
      "IANAL but I don't think you can go around selling Mozilla-branded items without permission from the Mozilla folks."

      This seems to be an accurate view of the law.


      It seems technically accurate, but it's somewhat misleading in this case since Mozilla has granted blanket permission for the trademark to be used when distributing unaltered copies of their software.

      http://www.mozilla.org/foundation/trademarks/polic y.html
      --
      rage, rage against the dying of the light
    45. Re:Licenses by BungoMan85 · · Score: 1

      So it's not just me that's having the SEVERE memory leak issues and probably even worse issues with it eating up my processor? I love Firefox, but I have to kill it more often than I did Internet Explorer.

      --
      Bungo!
    46. Re:Licenses by pthisis · · Score: 1

      Some of the licenses allow for people to charge for distributing the software.

      All of the accepted free software and open-source software allows this--it's a requirement to be called open-source or to widely be considered free software in the GNU sense. Indeed, not allowing commercial distribution/use was the major reason that the old Qt license was considered non-free.

      Guaranteeing that right is the very first clause of both the Debian Free Software Guidelines and the Open Source Definition. And the FSF has a similar stance, saying in their Free Software Definition "A free program must be available for commercial use, commercial development, and commercial distribution."

      --
      rage, rage against the dying of the light
    47. Re:Licenses by Sparr0 · · Score: 1

      they've bought an aluminium and plastic disc, a cardboard box and a _licence_ to use the software

      incorrect. copies of software are sold, not licensed. this is established by precedent. there may be licensing involved, although i choose to reject most EULAs, but what you pay for in the store is a copy.

    48. Re:Licenses by operagost · · Score: 2, Funny

      It's not enough. Apparently, you also need a paperclip.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    49. Re:Licenses by jonbryce · · Score: 2, Insightful

      No it's not wrong.

      Before I got broadband, I used to buy CDs from people like that. Mainly from www.linuxemporium.co.uk at £2 per CD.

      It would have cost me more than what they were charging in telephone charges, it would have taken longer to download it than for them to send it by first class post, and it would have tied up my telephone line for days, preventing me from using it for other purposes.

      These people do provide a useful service, and that is why the GPL specifically allows it. Competition from lots of different business will prevent them from overcharging for the service they provide.

    50. Re:Licenses by DrSkwid · · Score: 2, Informative

      try turning your cache off, it's a feature not a memory leak

      viewed pages are stored in memory for quick viewing later

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    51. Re:Licenses by Anonymous Coward · · Score: 0

      Lanham is an unconstitutional restriction on free speech.

      And don't try to give me some crap about "that's not what the courts have held" - because the courts have been bribed.

      It's unconstitutional.

    52. Re:Licenses by ahodgson · · Score: 1

      Actually, in this case, you're really only paying for support. If you wanted a copy of RHEL, IIRC you can get the binaries from RH free of charge. However, there is a disclaimer saying that you gree to expect no support from RH should something go wrong.

      Actually, you can't. Redhat does generously provide all their source RPM's for free, however.

    53. Re:Licenses by GWTPict · · Score: 1
      Trading Standards aren't police in the UK, they're Local Government employees. If she'd just bothered checking with her IT department I'm sure someone would have explained the whole concept to her, I work in IT (or ICT or whatever the fuck else were supposed to call ourselves these days) for Manchester City Council and there's loads of us using Firefox, we've a couple of Apache on Linux webservers, blah blah, FFS someone get me another coffee.

      And Relax.....

    54. Re:Licenses by FireFury03 · · Score: 1

      incorrect. copies of software are sold, not licensed. this is established by precedent.

      Can you provide a link to the precident?

      If you really have been sold the software, rather than a licence to use it this would mean you didn't need to agree to a licence in order to use the software. Like it or not, EULAs have been shown to be legally enforcable by precident.

    55. Re:Licenses by mAineAc · · Score: 1
      "If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. "

      They even cover modification so you are incorrect. You can even list yourself as a contributor.

    56. Re:Licenses by Anonymous Coward · · Score: 0

      >> unless you have MoFo's permission.

      >Man, there's a particularly unfortunate abbreviation.

      Or accurate if they deny you permission. :-)

    57. Re:Licenses by ClamIAm · · Score: 1

      The neat side effect of this is that people who want to charge unreasonable prices won't get any sales, unlike proprietary software.

    58. Re:Licenses by Intron · · Score: 1

      I think Blue Screen Windows would be a great name for a door and window company. MS would hesitate to claim publicly that there was an obvious association with their product.

      --
      Intron: the portion of DNA which expresses nothing useful.
    59. Re:Licenses by Arandir · · Score: 1

      Actually, you can NOT sell GPLd software. You can charge for support, for the cost of distribution, and for the cost of the media, but you can NOT sell the actual software. The GPL is quite clear on this regard. Otherwise the buyer would now own his copy of the software, and no longer be bound by your license.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    60. Re:Licenses by Excelsior · · Score: 1

      It's not even that hard of a concept to understand. Shakespeare's "Romeo and Juliet" is public domain. But anyone can charge for performances (a version of distribution). How is distributing free software for a price any harder to understand?

      These police made arrests without understanding the law, and are trying to pass the buck for their own mistakes. Not much different than how I imagine they would react after rounding up a production of Macbeth for stealing Bill's intellectual property.

      At any rate, law enforcement should understand the law, not the other way around.

    61. Re:Licenses by Anonymous Coward · · Score: 0

      1. That's BS, it maxes out at 8 pages and there's no way 8 pages of cache takes 500MB.

      2. That also fails to explain why closing a window causes Firefox to take 100% CPU for 30 seconds. Closing the last window causes it to eat up 100% CPU into the minutes.

      And, as previously mentioned, that bug is considered INVALID. It's supposed to behave like that.

    62. Re:Licenses by drakaan · · Score: 1
      While there is no likelihood of confusion as to the actual product (the software), there is likelihood of confusion as to the source of the product. A person seeing a CD labeled "Mozilla Firefox" could be confused into believing that the CD itself was produced by Mozilla and that the source of the physical CD itself is from Mozilla.

      There is not likelihood of confusion as to the source of the product, though. The source of the product is Mozilla.org. If the distributor is saying "Hi, I'm an employee of Mozilla and Mozilla is selling these CD's...", then there's confusion about the physical source of the CD.

      Assuming that Mozilla Firefox is the software that is on the CD, there is no confusion as to the source of the product...that's why there's no trademark violation. If they were selling *another* product (say a web server) and used Mozilla branding to perhaps imply some kind of unwarranted support from mozilla, that would infringe...likewise, if they had another browser they wanted to sell and labeled it as mozilla firefox, they'd run afoul of copyright restrictions.

      Since the license allows reproduction and allows someone who distributes copies to charge some nominal fee, they don't run afoul of copyright restrictions either.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    63. Re:Licenses by sflory · · Score: 1

      Keep in mind that some people had (still have) dialup connections. It was a massive pain in the ass download things from the net. The middle men provide a service in providing the software on a cdrom. No long downloads, and no poking around to find things. (Now there are likely shady guys that just throw a lot of random crap on a cdrom, and don't make it clear that it's freely availble over the net.) Now you and I wouldn't need with our fat pipes, and knowledge of where to go to down thing, but Joe user might be interested in a cdrom full of shareware.

      --
      IANALBIPOOGL (I am not a Lawyer, but I play one on GrokLaw.)
    64. Re:Licenses by turbidostato · · Score: 1

      "I disagree. I have never had a pencil give me a blue screen of death."

      That's because it's under the "minimum technology" level.

      While a pencil is unable to give you one of those technically advanced "blue screen of death", a more evolutioned fountain pen can (over your shirt, even).

    65. Re:Licenses by DJStealth · · Score: 1

      If I 'buy' a piece of software in the store.

      Then prior to installing it, I hack the installation to bypass the license agreement.

      Am I bound by the license?

    66. Re:Licenses by DrSkwid · · Score: 1

      http://news.yahoo.com/s/cmp/20060217/tc_cmp/180203 308

      I can only take Mike Schroepfer, Mozilla's director of engineering's word for it.

      Though this made me laugh :

      "All versions of Firefox no doubt leak memory -- it is a common problem with software this complicated."

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    67. Re:Licenses by Fulcrum+of+Evil · · Score: 1

      But in reality you are _effectively_ selling the software as well since it's bundled with the support - you can't get the support without the software, they are a package.

      Sure you can.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    68. Re:Licenses by pgpckt · · Score: 1

      If the distributor is saying "Hi, I'm an employee of Mozilla and Mozilla is selling these CD's...", then there's confusion about the physical source of the CD.

      Which is exactly what a reasonable person could argue that the Mozilla logo on the CD is saying. Would a reasonable consumer believe from seeing the logo that "Mozilla is selling these CD's?" I think so!

      --
      Lawrence Lessig is my personal hero.
    69. Re:Licenses by PunkOfLinux · · Score: 1

      Watch. Now somebody from /.'s going to do that, and geeks from around the world will buy their windows and doors from that company.

    70. Re:Licenses by bunratty · · Score: 1

      I don't get it. What's funny? It sounds like an obviously true statement to me, such as, "no doubt all versions of OpenOffice crash -- it is a common problem with software this complicated," or "no doubt Linux has security problems -- it is a common problem with software this complicated."

      --
      What a fool believes, he sees, no wise man has the power to reason away.
    71. Re:Licenses by zr · · Score: 1

      sheesh, guys, how many times do they have to explain this to us, geeks: you do not pay for the work that went into the product, you pay for the percieved value of that product (or service). whether it is the convenience of not having to pay for internet traffic to download the damn thing, or whether it is for the feeling of owning a piece of concrete property, who knows, we all have our own perception of reality.

      so stop saying that when you buy boxed free software you pay for the box, because you never do.

    72. Re:Licenses by DrSkwid · · Score: 0, Offtopic

      complexity is a design fault

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    73. Re:Licenses by bunratty · · Score: 1

      So, this is a single-celled organism I'm conversing with? It seems that either nature or God (depending on whether you belive in evolution or creation(ism)) disagrees with you.

      --
      What a fool believes, he sees, no wise man has the power to reason away.
    74. Re:Licenses by Anonymous Coward · · Score: 0

      "MoFo One of 100 Best Companies for Working Mothers"

      They really are mother fuckers!

    75. Re:Licenses by DrSkwid · · Score: 1

      Which is more successful, simple nematodes or complex humans ?

      Which would a human have more chance of designing from scratch and making it work, The 1000 celled nematode or the 10 trillion celled human ?

      Some people have forgotten what the Unix philosophy is and why, or never knew what it was.
      I suspect you are one of the latter.

      Certainly bloatware like Firefox has forgotten.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    76. Re:Licenses by rm69990 · · Score: 1

      Ummm, unless I'm mistaken, you're trying to say that the GPL does not allow these same things. I highly suggest you read the GPL, which does in fact, contain very similar language allowing the exact same things.

    77. Re:Licenses by bunratty · · Score: 1
      Obviously, it depends on how you define the term "success."

      Back to the point, which you're trying to distract the conversation from, is your complexity over a nematode a design fault? Perhaps you should correct it. ;-)

      --
      What a fool believes, he sees, no wise man has the power to reason away.
    78. Re:Licenses by drakaan · · Score: 1
      Well, okay, but the reasonable person you're thinking of (ala the cop in the article) would be someone who doesn't understand that Mozilla lets people copy and distribute their software under certain conditions.

      If the software was from a company offering a product under different licensing, it'd be a fair assumption, but because of the different distribution model, the reasonable assumption is different. In the case of Mozilla or linux or GPL or MPL licenses products in general), there would have to be an extremely high level of subterfuge and misleading involved, or at least an unreasonable price for a CD with nothing but the browser on it (no modifications, etc).

      In the sense of what do people who are unaware of GPL and MPL licensing think is reasonable, I can see the point you're trying to make, but I think from a legal standpoint, there's no there there.

      There's nothing there to dilute Mozilla's brand or harm their business on trademark or copyright grounds because of the licensing terms. Selling copies of Mozilla Firefox that are labeled as being products from Mozilla doesn't drive people to other products or take income away from them, and as long as they are complying with the terms of the MPL, Mozilla has explicitly said "that's fine".

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    79. Re:Licenses by DrSkwid · · Score: 1

      You introduced biology.

      Code complexity is a design fault, it is as simple as that.

      Let's take some examples :

      NFSv3 - 22 message types
      NFSv4 - 42 message types,

      is v4 twice as good as v3 ?

      9p 13 message types

      is NFS 4 times as good as 9p ?

      Linux kernel - 4,827,671 lines of code, over 300 syscalls, hundreds if not thousands if ioctls (it is hard to tell, the ioctl_list man page stopped being updated at 432 back in Linux 1.3.27!)

      Plan9 kernel - 148,787 lines of code, 37 syscalls, no ioctls, no networking,

      Is the Linux kernel an order of magnitude *better* than the plan9 kernel ?

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    80. Re:Licenses by Anonymous Coward · · Score: 0

      Let's face it. The corn defficient diet produces defficient people.

    81. Re:Licenses by Anonymous Coward · · Score: 0

      Incorrect. You may sell copies of the software, but you may not sell the copyright (because you don't own that). You don't seem to understand the difference between owning a copy of a piece of software (or a book...) and owning the copyright to the software (or the book).

      If you own a piece of software (or a book) you may resell it as you wish, as it is your property. What you may not do is make copies of it, as it is protected by copyright laws. The GPL is a statement that the copyright holder grants you permission to make copies of the software, and distribute it, for a fee if you want to, as long as you satisfy certain conditions (providing the source).

    82. Re:Licenses by bunratty · · Score: 1
      You're the one who introduced using complexity as a measure of "goodness" of a system, not me. Of course you can't determine which system is better just by which is more complicated.

      Quicksort is more complicated than bubble sort. Do you consider all uses of quicksort to be design faults that would be fixed by replacing them with bubble sort?

      --
      What a fool believes, he sees, no wise man has the power to reason away.
    83. Re:Licenses by assassinator42 · · Score: 1

      Not as unfortunate as IANAL.

    84. Re:Licenses by FreakWent · · Score: 1

      Well there's your proof against intelligent design right there.

    85. Re:Licenses by shellbeach · · Score: 1

      Which is more successful, simple nematodes or complex humans ?

      Which would a human have more chance of designing from scratch and making it work, The 1000 celled nematode or the 10 trillion celled human ?

      Some people have forgotten what the Unix philosophy is and why, or never knew what it was.


      So are you suggesting that firefox should be implemented as several thousand small applications joined together with pipes?? :)

    86. Re:Licenses by zcat_NZ · · Score: 1

      mofo is a trademark of Morrison & Foerster. I'm not sure if they actually registered it as such, but their website is www.mofo.com and they're rather fond of the image that they're 'nobody to be messed with'.

      And considering that they are in fact a law firm of approximately a thousand lawyers spread through 19 global offices, they probably aren't the kind of firm you want to get into a trademark war with.

      --
      455fe10422ca29c4933f95052b792ab2
    87. Re:Licenses by Sparr0 · · Score: 1
      Here it is.

      Some excerpts for your pre-reading pleasure:

      Whether contracts such as Adobe's EULA, often referred to as "shrinkwrap" licenses, are valid is a much-disputed question. A number of courts that have addressed the validity of the shrinkwrap license have found them to be invalid, characterizing them as contracts of adhesion, unconscionable, and/or unacceptable pursuant to the Uniform Commercial Code. Step-Saver, 939 F.2d 91; Vault Corp. v. Quaid Software Ltd., 847 F.2d 255 (Sth Cir. 1988).

      ...

      In short, the transfer of copies of Adobe software making up the distribution chain from Adobe to SoftMan are sales of the particular copies, but not of Adobe's intellectual rights in the computer program itself, which is protected by Adobe's copyright. SoftMan is an "owner" of the copy and is entitled to the use and enjoyment of the software, with the rights that are consistent with copyright law. The Court rejects Adobe's argument that the EULA gives to purchasers only a license to use the software. The Court finds that SoftMan has not assented to the EULA and therefore cannot be bound by its terms.

    88. Re:Licenses by Emil+Brink · · Score: 1

      Heh. In my native tongue, Swedish, CEO is "verkställande direktör" ("executive director", verbatim). Hilarity ensues when Swedes use the Swedish abbreviation in English, which might happen if they're in a hurry and/or don't have their thinking caps on straight. :)

      --
      main(O){10<putchar(4^--O?77-(15&5128 >>4*O):10)&&main(2+O);}
    89. Re:Licenses by boldra · · Score: 1

      While in the Czech Republic I asked at a computer store if they had any boxed linux distros. The clerk responded that they didn't, then leaned forward and whispered, "But I could download it for you and put it on a CD..." I said great, and that I'd pick them up the next day. I'm sure he thought he was doing something illegal.

      --
      I've been posting on the net since 1994 and I still haven't come up with a good sig!
    90. Re:Licenses by Anonymous Coward · · Score: 0

      Is the Linux kernel an order of magnitude *better* than the plan9 kernel ?

      Yes.

    91. Re:Licenses by Anonymous Coward · · Score: 0

      The GPL only requires you to give the source to anyone who has obtained the binary (directly or indirectly[1]) from you.

      Basically, this means you can charge any price you want for the first copy, but after that market forces (supply and demand) kick in and lower the price rapidly.

      [1] i.e. you also have to give the source to those who got a copy of the binary from someone who got a copy from someone who bought it from you.

    92. Re:Licenses by DrSkwid · · Score: 1

      Using what metric ?

      Does is crash 10x less often ?
      Do my applications run 10x faster ?
      It is certainly at least 10x easier to root Linux.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    93. Re:Licenses by DrSkwid · · Score: 1


      If I was sorting my bookmarks into alphabetical order I use bubble sort.
      The chance of my screweing up the implementation is greatly reduced.

      Code complexity is a very real metric used in important systems.

      http://www.stsc.hill.af.mil/crosstalk/1994/12/xt94 d12b.asp

      When your "director of engineering" uses it as an excuse for the memory leak, like the OP was whining about, you should start to question their competence. Not of coding ability but of design choices.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    94. Re:Licenses by DrSkwid · · Score: 1

      > So are you suggesting that firefox should be implemented as several thousand small applications joined together with pipes?? :)

      Not thousands but why not, in principle ?

      Downloading files from the internet and caching them is a very different job from rendering HTML. Having them in different processes would not be difficult or undesirable. Yet we have this monolith of a web browser, that by admission, is so complex the director of engineering says : of course it leaks memory.

      Unix has lost its way. Thank goodness some people didn't forget what they started. The CREATORS of Unix stopped using it in the late 80s.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    95. Re:Licenses by xSauronx · · Score: 1

      you mean, it sounds bad if they happened to say "my vd really chaps my ass sometimes"? yeah, i can see that.

      --
      By and large, language is a tool for concealing the truth. -- George Carlin
    96. Re:Licenses by Anonymous Coward · · Score: 0

      Not thousands but why not, in principle ?

      Because that's how it's implemented?

      Look up "object oriented design" some time. Essentially you have little objects, sometimes called "modules", that handle one task and, in the case of Mozilla, handle it poorly. But if Mozilla was designed well, you'd have small modules that take one thing and handle it well.

      The stuff that handles networking is completely separate from the stuff that handles page rendering. The caching is a separate component that runs on top of the networking components, and the page rendering then uses the caching component to actually fetch URLs.

      Unfortunately for Mozilla, the framework used to connect the various components together is a piece of shit. The release source of Mozilla causes assertion errors EVERYWHERE in the component layer, it leaks memory like nothing else, and it's a giant complicated mess. Imagine if piping input/output between programs was buggy as all hell. That's what Mozilla's insides are like.

      Modern programming does use the UNIX concept of "small programs that do simple tasks" - they've just become libraries or objects. It's the same concept (a well-known interface to specific functionality), just implemented in a more direct way than using pipes. Just because Mozilla fucked it up doesn't mean that it can't be done that way.

    97. Re:Licenses by DrSkwid · · Score: 1

      Actually, yes I know. It is a monolith built from parts.
      That is no real reason not to split them between acqusition and display and the other functions.
      Co-processes would help the situation but I don't think it's going to happen.

      Shame really.

      Someone from the plan9 community is in the process of porting some of the components (Gecko and the JS engine) but the morass is a tough pond to wade through.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    98. Re:Licenses by Anonymous Coward · · Score: 0

      Hah! Good luck with that. When I refered to Mozilla fucked it all up, that's basically what I was refering to. The JS engine is completely intertwined with both the component architecture and the rendering engine. Splitting the rendering engine from the JS engine is essentially impossible.

      Ever wonder why IE can support multiple scripting languages on a webpage and Mozilla can't?

      Because the JavaScript engine is closely coupled with the rendering engine.

      The rendering engine uses JavaScript objects written in C++. I wish I was kidding, but I'm not.

    99. Re:Licenses by Yardboy · · Score: 1

      I prefer my MoFo's of the Honky variety.

      "lots of fun for the whole trailer park"

      --
      drink beer, and let the water run the mill
  3. What they mean to say is.... by winchester · · Score: 5, Insightful

    "we are too stupid to make a distinction between Free software and commercial software. We can't read nor do we understand licence agreements."

    In other words, they can't do their job in a proper way.

    1. Re:What they mean to say is.... by mausmalone · · Score: 1

      Don't be overly harsh. They probably just erred on the side of caution and came out wrong this time. Their incredulous response, however, is thoroughly mockable.

      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    2. Re:What they mean to say is.... by JetScootr · · Score: 5, Insightful

      I don't think it's overly harsh to expect a copyright enforcement agency of the government *to*read*and*understand*copyrights* before starting an enforcement action.
      I'd certainly expect a traffic cop to read the speed limit sign before writing a speeding ticket.

      --
      Pavlov wouldn't be so famous if he'd used a can opener instead of a bell.
    3. Re:What they mean to say is.... by sepluv · · Score: 4, Interesting
      we are too stupid to make a distinction between Free software and commercial software
      Actually, if anything, the opposite is true: she failed to understand that free software can be commercial.

      However, I think she doesn't know anything about free software (or software for that matter) and her assumption was actually that if you don't hold the copyright on a work and are copying it you must be breaking the law, so, actually, she seems to not to be able to comprehend the idea of a copyright license, full stop (i.e.: she thinks that copyright shouldn't allow you to pass on your exclusive right to copy to a third party).

      It is as if she thinks it is the duty of everyone to keep their works a secret and not publish them (otherwise the masses might learn stuff). I wonder when she'll find out about the public domain: an evil conspiracy by the government to allow information to be copied by anyone without anyone having the right to restrict this immoral act. No one tell her about these evil things called libraries...

      Although, being in a nortoriously corrupt UK TS dept., I'm not surprised that she is scared of the idea of freedom of information and thinks freedom of expression is immoral somehow.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    4. Re:What they mean to say is.... by drooling-dog · · Score: 1
      I'm not sure I see the stupidity here; the woman called to inquire about the licensing status of the software, just as she should have. Stupid would have been to prosecute without having taken that critical step.

      Guilty as charged for ignorance of FOSS, though...

    5. Re:What they mean to say is.... by Mahou · · Score: 1

      the idea that something free can be sold perplexes me. i don't think it has anything to do with copyright and more to do with the word 'free'

      --
      if i'm not immortal, what's the point of living?
      ...te?
    6. Re:What they mean to say is.... by db32 · · Score: 2, Insightful

      Shutup! Have you forgotten your place here?! This is /. and we shall mock anyone who doesn't understand things on the same level we pretend to. I think most people here agree she did the right thing by gathering information before prosecuting, but ultimately she made an inane statement about software and thus shall be mocked furiously.

      --
      The only change I can believe in is what I find in my couch cushions.
    7. Re:What they mean to say is.... by sepluv · · Score: 1
      RTFA. Nothing wrong with that. The stupidity was the fact that she refused to believe that anyone would provide a license to a third party allowing them to copy `their' work, and she demanded proof that the response from licensing@mozilla.org was from a representative of MF on licensing.

      Also, possibly, the fact that she confiscated it in the first place, seems unable to read a copyright license or understand that such a thing might even exist, and cut of the conversation when Gervase didn't give her `proof' that he represented MF (so who knows if these guys ever got their CDs back).

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    8. Re:What they mean to say is.... by jacksonj04 · · Score: 1

      You're not paying for the software on the CD. You're paying for the time and expense involved in putting it on said CD. You may also be paying for support of said software.

      --
      How many people can read hex if only you and dead people can read hex?
    9. Re:What they mean to say is.... by Anonymous Coward · · Score: 0

      >>>Although, being in a nortoriously corrupt UK TS dept

      Citation, please?

    10. Re:What they mean to say is.... by tomhudson · · Score: 2, Insightful

      the idea that something free can be sold perplexes me.

      Air is free, and yet businesses spend big bucks buying it in compressed form. Same with oxygen, hydrogen, and dihydrous monoxide (also called dihydrogen monoxide).

      Heck, dihydrous monoxide literally "falls from the skies", and yet companies sell millions of dollars of this chemical every year.

      More info on dihydrous monoxide

      petition to ban it

    11. Re:What they mean to say is.... by Haeleth · · Score: 1

      the idea that something free can be sold perplexes me.

      Why?

      Are you saying that if someone gives me a present, and for whatever reason I want to sell it instead of keeping it, you can't understand why I should be allowed to?

    12. Re:What they mean to say is.... by Mahou · · Score: 1

      your analogies suck. no one buys regular, polluted air at 1 atmosphere of pressure, they buy specific gasses or air that is compressed. is this cd compressed and/or purified and they're selling it for the effort of compressing and/or purifying it? again, no one sells water that has "fallen from the sky"; they sell purified water. are these cd's purified, whatever the hell that would mean?

      --
      if i'm not immortal, what's the point of living?
      ...te?
    13. Re:What they mean to say is.... by Mahou · · Score: 1

      if they're still offering that present to anyone for free right next to you, yes i think it would be wrong for you to sell it to a blind person who doesn't see the original giftgiver giving it out for free.

      --
      if i'm not immortal, what's the point of living?
      ...te?
    14. Re:What they mean to say is.... by 1u3hr · · Score: 2, Insightful
      I don't think it's overly harsh to expect a copyright enforcement agency of the government *to*read*and*understand*copyrights* before starting an enforcement action.

      Considering that virtually all software distributed physically claims copyright protection to the maximum extent possible, it probably seemed an empty formality. However, obviously they did check with the Mozilla people before laying charges. I do wonder though if the same shop wasn't also selling bootlegs of Adobe, MS, etc ... those places tend to just sell software at a flat rate per CD, and the reason the officer was put out was that she couldn't just say "500 illegal CDROM copies of copyright software", but now had to check and categorise each one individually.

    15. Re:What they mean to say is.... by hawk · · Score: 1

      Should I point out that the article doesn't say that any were confiscated, but rather that she inquired before taking action, and that he replied that they wanted any confiscated copies returned?

      hawk

    16. Re:What they mean to say is.... by Anonymous Coward · · Score: 0

      convienience of purchasing it in CD form?

      spring water is free if you go to a spring, but people will sell it to you for a couple bucks a bottle.. is this "wrong" somehow?

    17. Re:What they mean to say is.... by ThePiMan2003 · · Score: 1

      It means its downloaded and stuck on a labeled CD.

    18. Re:What they mean to say is.... by Chosen+Reject · · Score: 1
      no one buys regular, polluted air at 1 atmosphere of pressure

      And these people weren't selling regular donwloads of Firefox. They were selling CDs, which cost money, that were burned with CD burners, which costs money and takes time. So what again is your point?

      --
      Stop Global Warming!
      Just say no to irreversible processes!
    19. Re:What they mean to say is.... by hswerdfe · · Score: 0

      she thinks it is the duty of everyone to keep their works a secret and not publish them

      really oh great Jeti Master tell me more about this persons inner most thoughts.

      --
      --meh--
    20. Re:What they mean to say is.... by Mahou · · Score: 1

      i admit i have no idea about this case other than the summary but the summary acts as though not understanding how something free can be sold it a bad thing. so my point would be that the summary should say police were perplexed at people selling CDs and 'time and effort' and 'costs of electricity for burning cd burners' which happened to have a modified version of firefox(or whatever the case my be).

      --
      if i'm not immortal, what's the point of living?
      ...te?
    21. Re:What they mean to say is.... by sepluv · · Score: 2, Informative

      Yep, I know that. I assumed that the /. editors had some new information on this story as they stated that in the headline, but they're just being their normal incompetent selves.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    22. Re:What they mean to say is.... by sepluv · · Score: 1

      You're quoting me out of context. Include the original "It is as if" to your quote, and note that I was responding to someone else's explanation of why she did this with something I said I thought was a better explanation.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    23. Re:What they mean to say is.... by tomhudson · · Score: 1

      poster with no sense of humour and suffering from either limited reading skills or a VERY short-term memory wrote:

      your analogies suck. no one buys regular, polluted air at 1 atmosphere of pressure, they buy specific gasses or air that is compressed
      ... conveniently forgetting that I had written this (bold added for emphasis):
      Air is free, and yet businesses spend big bucks buying it in compressed form. Same with oxygen, hydrogen

      Nowhere did I say that people buy "polluted air at 1 atmoshpere of pressure".

      So, your reading skills suck.

      Its the same with firefox. These people aren't paying for the code - they're paying for the physical media and the time it took to burn it, etc. Maybe some of these people don't have a net connection, or their antivirus expired and they don't want to shell out more $$$, or they want to give it as a gift to a friend. There's plenty of reason to pay money for something that is nominally free. Its called a "service economy" for a reason.

    24. Re:What they mean to say is.... by Anonymous Coward · · Score: 0

      Dipshit.

    25. Re:What they mean to say is.... by aonaran · · Score: 1

      Agreed, unless you add value to it.

      eg. offering paid downloads of OSS with no additional support or anything is wrong
              offering paid downloads with additional support is OK
              offering paid copies on CD-ROM media when it is only offered free by download is OK

      The reason I feel this is so is you are selling your services, not really the software.

      I may be biased though, I've often sold Linux distros and other OSS on Ebay for people who didn't have the time or ability to download it (either because I got into the queue early in a new release, and getting it by mail is faster than waiting for FTP server loads to go down or torrents to be setup or because they were on dial up and didn't have a month to download 4 CDs worth of Fedora)

    26. Re:What they mean to say is.... by sepluv · · Score: 1
      Well, IME, it is more officers of local authorities in general who are corrupt (not all of them...but a significant IMO minority) because of the lack of any control by councillors (who have the wool pulled over their eyes very easily and get threatened with litigation by officers if they ask questions), but Trading Standards departments' dealing with businesses probably make them more open to that sort of thing.

      FTR, that was a personal opinion in a /. comment (from someone who has dealt with various local authorities on lots of matters) and I haven't seen any studies on it. Try Google if you're bored.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    27. Re:What they mean to say is.... by ArsenneLupin · · Score: 1
      is this cd compressed

      Actually, it most probably is. Rpms are compressed (using bzip2, AFAIR). And even if it's the windows version of Firefox, it's installer file is most likely a self-extracting compressed file.

      and/or purified and

      It's 100% Internet Exploder free. Does that count as purified?

      they're selling it for the effort of compressing and/or

      Actually, that's what you pay a distributor for: cram lots of stuff on the distro CD...

      purifying it?

      I have to pass on this one. Firefox was pure to begin with ;-)

    28. Re:What they mean to say is.... by Mahou · · Score: 1

      poster with article reading skills and a VERY blue banana wrote:

      Nowhere did I say that people buy "polluted air at 1 atmosphere of pressure".

      i have no idea if these people are charging just for costs of the CDs + burning. and i don't know whether they made any specials mods. i have no idea about anything of this case but i was just assuming they were trying to make a quick buck by selling it for undeserved profit. so even though you point out you said businesses spend money on compressed air and not 1 atm of polluted air, i had thought the CDs contained just regular ol' "1 atm, polluted" firefox

      --
      if i'm not immortal, what's the point of living?
      ...te?
    29. Re:What they mean to say is.... by Huge+Pi+Removal · · Score: 1

      Notoriously corrupt TS dept? What's your evidence, because I've never seen a story that suggests they are?

      Oliver.

      --
      - Oliver

      The right to bear arms is only slightly less stupid than the right to arm bears...
    30. Re:What they mean to say is.... by Cobralisk · · Score: 1

      Being blind is different than being ignorant or stupid, and in any case is no excuse for not knowing your surroundings. Many people in the slashdot community make our living charging a fee for knowing more about computers, the internet or technology in general than the people we sell our services to. This knowledge comes from a significant investment in time and intellectual resources. Of all the things in the world that are or ought to be free, time is not one of them.

      --
      Waiting for ad.doubleclick.net...
    31. Re:What they mean to say is.... by radarsat1 · · Score: 1

      eg. offering paid downloads of OSS with no additional support or anything is wrong

      you know, i completely agree with your statements, but this one had me thinking... i'd be willing to bet that there are people out there that would be more comfortable with buying something than downloading it for free, even if its exactly the same thing. Some people just don't grasp the concept of free software and prefer to pay for it.

      Crazy, but somehow I think its true..

    32. Re:What they mean to say is.... by tomhudson · · Score: 1
      A couple of bad assumptions on your part:

      1. i had thought the CDs contained just regular ol' "1 atm, polluted" firefox

        The CDs are allowed to contain "just regular ol' "1 atm, polluted" firefox" Its perfectly fine for anyone to take and sell copies of firefox with no alterations or additions whatsoever. You made the same erroneous assumption that was described in the article itself, so don't feel too bad - you're not alone.

      2. ... poster with article reading skills and a VERY blue banana wrote:

        you may have assumed that the name I post under matches my gender (hint - it doesn't, but its a good name to use on Troll Tuesdays, etc., and my fans have gotten used to the mismatch, etc ... :-)

    33. Re:What they mean to say is.... by hswerdfe · · Score: 1

      You're quoting me out of context
      i am.

      my point is. Your Analisis rests on a few quotes from a news article.
      first I don't agree your conclusion is valid even if they were quoted in context.
      and being the nature of the news they may not have been.

      note that I was responding to someone else's explanation

      fair enough.
      I did miss the orig. Great Grand parent post as it was modded down.

      --
      --meh--
    34. Re:What they mean to say is.... by The_Mr_Flibble · · Score: 1

      That's a bit harsh they do read the speed signs over here. However as they seem to unable to read the instructions for the radar gun they use they just guess how fast you were going then issue the ticket. Ok maybe it's not a bit harsh, a friend of mine was pulled over for doing 40 mph in a 30 zone so he pulled over next to the sign that was for the 40 zone he was entering and on the other side of the sign it was a 50 zone. So the police issued a ticket for going 40 in a 50 zone (yes they still issued the ticket and my friend had to go to court).

    35. Re:What they mean to say is.... by Nahor · · Score: 1
      I'd certainly expect a traffic cop to read the speed limit sign before writing a speeding ticket.

      It depends: were you or were you not driving over the speed limit?

    36. Re:What they mean to say is.... by Bloke+down+the+pub · · Score: 1
      Agreed, unless you add value to it.
      Why? If my aunt gives me some money because I'm her favourit nephew, it's mine to spend as I wish, i.e. exchange it for something. Why is the reverse process wrong, then?
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    37. Re:What they mean to say is.... by aonaran · · Score: 1

      Because selling someone something that they can get for free rather than telling them where to go for the free handout isjust taking advantage of the person's ignorance for your own personal gain. I think you'll find that under most people's views of ethics this is considered wrong.

      It's not really like taking a gift from your aunt (who would likely not give that to everyone, and that has a much higher value than free to most of the world who don't recieve gifts from your aunt), and much more like going to a food bank to get a basket of food and setting up a table in the market down the street to sell off the stuff you picked up at the food bank.

    38. Re:What they mean to say is.... by FromWithin · · Score: 1

      So, in fact, not notoriously corrupt at all...I've never heard anything bad about Trading Standards, ever. I couldn't see any sites via your link regarding corruption inside Trading Standards, only about their work against corruption.

      You really shouldn't such post a hideously general, damaging, accusatory, personal opinion as fact. Your suggestion was that it is widely known to be corrupt and this is absolutely not the case.

    39. Re:What they mean to say is.... by Anonymous Coward · · Score: 0

      You are both confusing free as in cost with free as in freedom... comparing rain to free(dom) software does not help.

    40. Re:What they mean to say is.... by Mahou · · Score: 1

      so people can sell firefox on cd? like not just charge for a service associated with it, or reimbursement for materials and time? actual money for something that's completely free? man, you foss people blow my mind. it's like communist hookers or some other really weird analogy

      "blue banana" eww i was just trying to be random, not make a crazy fruit euphemism

      --
      if i'm not immortal, what's the point of living?
      ...te?
    41. Re:What they mean to say is.... by IDStewart · · Score: 1

      i was just assuming they were trying to make a quick buck by selling it for undeserved profit.

      If the buyer and the seller reach a mutually agreeable price for the product (and the seller has the right to sell the product), why is the profit undeserved?
    42. Re:What they mean to say is.... by Jon_S · · Score: 1

      It should only perplex you if you thinking of the word free with respect to cost issues. While dictionary.com is hardly authoritative, if you go there, the definition of "free" that has to do with cost of an item is way down the list as the 7th definition listed.

      The first definition, related to whether or not you are in jail, doesn't apply here. But the definition numbers 2, 4 and 5 of "free" is what is intended by the term "free software". Specifically, that the software is, for example, "Not affected or restricted by a given condition".

      It is a common mistake for people who see the term "free software" to read "free" in the sense that is way down in the No. 7 spot on the definition of this term. However, the term is meant to be used by the more common definitions that refer to freedom.

      P.S. I am aware that actually the GPL does in fact impose quite a few restrictions on you if you choose to accept the license, so even it isn't totally free by that definition. But most people tend to think those restrictions (i.e. that you must supply source code, that you can't incorporate into proprietary code) are good in the big picture.

    43. Re:What they mean to say is.... by Obi-w00t · · Score: 1

      I agree, people shouldn't throw around accusation of corruption without getting their facts straight first. It will only lead to comparisons that many will feel are too close to home or unjustified.
      Anyway, on-topic, I think there may have just been a misunderstanding. There is quite a lot of piracy distribution among the younger generation in the UK, might have thought it was some criminals trying to cash in.

    44. Re:What they mean to say is.... by paving-slab · · Score: 1
      ...Although, being in a nortoriously corrupt UK TS dept... ...FTR, that was a personal opinion in a /. comment ... I haven't seen any studies on it...

      It doesn't appear to be a personal opinion to me.

      Notorious | No*to"ri*ous |
      ...
      Generally known and talked of by the public;
      universally believed to be true;
      manifest to the world;
      evident; -- usually in an unfavorable sense;
      as, a notorious thief;
      a notorious crime or vice.
      1913 Webster

      But nice try with the link, which produces pages with information on how they deal with corruption, not accusing them of corruption.

      And why add maladministration to the search? Maladministration is not corruption.

      So do you have anything to back it up? Or was it just hyperbole?

    45. Re:What they mean to say is.... by kennygraham · · Score: 1
      Firefox was pure to begin with ;-)
      You haven't actually seen the source, have you?
    46. Re:What they mean to say is.... by thisisper · · Score: 1

      Is Mike Hammer or Inspector Clouseau really supposed to understand the minutae of these confusing license agreements? The police in my neighborhood barely understand the parking regulations that I am constantly getting ticketed for. The law has become so complex that law enforcement doesn't understand how to enforce the regulations competently. Feel free to expand this thought into a general explanation of goverment behavior, especially taxation authorities.

    47. Re:What they mean to say is.... by biglig2 · · Score: 1

      Analogy stretching here, but this gift has written on it in Braile the fact that anyone can give away a copy for free. (i.e. a legitimate Mozilla CD has the license on it)

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    48. Re:What they mean to say is.... by biglig2 · · Score: 1

      Hmmm, the clue is rather in the name, isn't it. Copyright law is a law that explains who has the right to make copies of something; if it meant that no-one had that right it would surely be called copynoright law.

      --
      ~~~~~ BigLig2? You mean there's another one of me?
    49. Re:What they mean to say is.... by VdG · · Score: 1

      Trading Standards is not primarily a copyright enforcement agency. Usually, they'd be dealing with things like faulty goods and services. e.g. Mechanic who charges for servicing your car, but doesn't bother to change the oil, or somebody selling you a kettle that doesn't boil water.

      They'd also be concerned by people selling pirated films, music and software, which I guess is how they got involved here. But in that case their interest is not because it's pirated, but because the goods are not what they claim to be. i.e. A good quality, legally produced disc.

      Usually Trading Standards officers are extremely good; it's unfair to slag them all off because one officer didn't understand copyright and free software.

    50. Re:What they mean to say is.... by Mahou · · Score: 1

      but why would they have the "right" to sell it? (assuming they've never worked on it). if a giant community of people work for free to create something, how can someone come along and claim "right to sell"?

      --
      if i'm not immortal, what's the point of living?
      ...te?
    51. Re:What they mean to say is.... by tomhudson · · Score: 1
      You're free to take firefox and burn it on CD and sell it for any price you can get for it, as long as you comply with these condtions: , and the FAQ http://www.mozilla.org/MPL/mpl-faq.html

      Just remember, so is everyone else, so if you charge too high a price, others will undercut you. Most of us just burn it to Cd and give it away.

    52. Re:What they mean to say is.... by tomhudson · · Score: 1
      To borrow your phrase, you may be forgetting that "free as in cost" is a big part of freedom, when cost is a barrier to usage. If the average price of a web browser was $1000.00 per seat per year, we wouldn't be having this discussion - nobody would be using the web.

      Before Borland came out with their $100 Turbo C compiler, $3,000.00 per copy was considered "reasonable". A $100 price point for a C compiler was unheard of. There was a lot more freedom to develop code at $100 than at $3,000.00.

    53. Re:What they mean to say is.... by renehollan · · Score: 1
      The interesting bit is the argument that such licenses will make it difficult to advise merchants and enforce the law.

      Well, it's already hard to advise complience with laws, there being so damn many of them. Witness the thriving legal industry.

      If she really felt that way, she should investigate libertarianism which advocates very few laws (non-initiation of force or fraud) and very little government (providing a dispute-settlement mechanism of last resort, protection from criminals, and being charged with defence from foreign invarers). Somehow, I don't think her sentiments lie in that direction though. She just wants her job to be easier.

      Usually it's the other way around: to support a growing government, more laws are enacted and more legal complexity results requiring a growth of government in the areas of enforcement. An interesting symbiosis between politicians, bureaucrats, and lawyers arises, as these groups all benefit. The complexities of free software licenses should be welcomed as increasing complexity.

      I suspect though, that the real fear is that free software is becoming popular, and thus a threat to proprietaray alternatives. The evidence is that one can essentially take what is free, add modest value in the form of physical packaging, and still be profitable on the basis of volume. Two newpence a copy profit times a million copies equals twenty thousand pounds.

      This isn't the first difficulty free software faces. Because the margins on added value are generally so slim (support contracts being an exception), the cost of legal complience in order to offer a good or service for sale can eat up a large part of that gross margin. Witness the implied warranty. If it can't be disclaimed, and the margins are thin, what merchant can afford the risk of non-fitness for use? They cynic in me says that implied warranties favour the larger merchants over the smaller ones more than they protect the consumer. Whatever happened to "caveat emptor"?

      Free software is risky. You're on your own when it comes to evaluating it's suitability for your purposes. It isn't the investment in the capital good that is the issue -- it is the investment of one's time in performing the evaluation. Historically, users of free software were also producers of it (even if only for their own consumption), and their skills at evaluation were high and/or their time was inexpensive to them.

      But now, we have a new class of user who is generally incapable of making expert evaluations and values their non-working time. Do we not need implied warranties to protect them?

      I don't think so. I don't think we need implied warranties at all. The suitabily of products and the quality of services can be determined by (a) reputation and (b) review. Smart consumers already research what they purchase, in effect either doing research themselves, or relying on independent reviewers. Why should they also have to pay for the costs associated with merchants having to honour implied warranties? About the only argument that can be made in favour of implied warranties is they fill a role when independent reviewers do not yet exist, or a reputation has not yet been established.

      But, there is a two-fold problem here: If reputation has not yet been established, and a market is too small to support independent reviewers, the overall risk to consumers is small simply by the sheer smallness of their number. IOW, it isn't a problem big enough for governent to get involved in. Furthermore, undue burdens such as implied warranties hinder growth of innovative new products and services because the overhead they represent is significant.

      Clearly, established merchants and producers of proprietary software have a vested interest to hinder the spread of free software as much as possible, and will use any politically palitable argument to do so, including the call for legislation with which they can comply at little cost, but which proportionally far more burdensome

      --
      You could've hired me.
    54. Re:What they mean to say is.... by sepluv · · Score: 1

      OK. It was an off-the-cuff remark. I accept it wasn't really accurate. "Notorious" probably wasn't the right word, although I have heard of trading standards deptartments being investigated. Also "untransparent" or "maladministrating" would probably be a better than "corrupt"--although what I was insinuating is that there may be some reason why TS are so much more willing to follow up complaints from big business (or even ask businesses if they want to complain about something that could be unlawful) than complaints from consumers, esp. those against big businesses. That's why I made a comment about freedom of information.

      FTR, I think that this officer broadly did the right thing. However, her shock at someone allowing third parties to make copies of something they hold the copyright on (and her implication that Gervese was making her job difficult and demands that he proof he works for MoFo) suggest some ignorance on her part about copyright. Having said that Trading Standards probably rarely deal with copyright cases, so this isn't that unexpected.

      To be honest, I think like all discussions on /., way too much is being read into this. After all, we don't know exactly what she said or the context.

      [BTW, I'm not sure why everyone complains about pedantry if anyone points out the frequent factual innaccuracies on /. (e.g.: on copyright law), but when I express possibly unwarranted negative opinion about the government (as is the job of the citizen--hence them being exempt from libel or slander), everyone is up in arms.]

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    55. Re:What they mean to say is.... by Cederic · · Score: 2, Insightful


      Which copyright information would you have Trading Standards use? The copyright licence on the confiscated disks? Clearly not trustworthy.

      The licence on mozilla.org? How does the trading standards officer know which licence applies? if any?

      Even if they find the right licence, do they have to be a lawyer? Is it not more sensible to contact the copyright owner directly and ask them explicitly whether they approve of such behaviour?

      Everything up to "you're breaking our anti-piracy ability" was perfectly acceptable. That remark was unfortunate, comical, and probably personally embarrassing to the poor individual that made it.

    56. Re:What they mean to say is.... by pthisis · · Score: 1

      offering paid downloads of OSS with no additional support or anything is wrong

      I disagree, strongly; the software developer has intentionally chosen to allow it--and allowing sales is the #1 bullet point in the definition of what OSS is, it's not some hidden surprise.

      --
      rage, rage against the dying of the light
    57. Re:What they mean to say is.... by bani · · Score: 1

      Everything up to "you're breaking our anti-piracy ability" was perfectly acceptable. That remark was unfortunate, comical, and probably personally embarrassing to the poor individual that made it.

      Not really. That kind of talk is what gets people promoted.

    58. Re:What they mean to say is.... by aix+tom · · Score: 1

      Well, don't be to hard on them. I can't read nor understand most licence agreements, too. At least not in the time I'm willing to invest into it. ;-)

    59. Re:What they mean to say is.... by Xtifr · · Score: 1

      > "Considering that virtually all software distributed physically claims copyright protection to the maximum extent possible..."

      Only for some very odd definition of "virtually all". If you said "most," I wouldn't argue a bit, but I think that free/libre/open-source software has definitely reached the point where it's pretty hard to claim that "virtually all" software falls outside that category. Especially in Europe, where Firefox alone is reportedly climbing into the 20% usage range.

      > "However, obviously they did check with the Mozilla people before laying charges."

      Yes, but not before confiscating the discs. Sure, they returned them, but not before interfering with the company's business and the Mozilla Foundation's distribution scheme. In the US, I'm pretty sure there'd be grounds for a lawsuit there. (Although, to be fair, in the US, I think parting your hair funny, or at all, could be grounds for a lawsuit. This case, however, might be grounds for a successful lawsuit!)

      > "I do wonder though if the same shop wasn't also selling bootlegs of Adobe, MS, etc ."

      That would go some small way towards explaining things, IF your speculation is correct, but TFA provides no suggestion that it was. And in any case, FLOSS is widely used by governments, companies and individuals around the world, and has been around for decades (I first used freely modifiable/redistributable software five years before the FSF was founded). It's simply stupid and embarrassing that the UK gov't doesn't know how to deal with it at this late date.

    60. Re:What they mean to say is.... by IDStewart · · Score: 1

      Because the license grants them that right. If the copyright holder doesn't want others to profit from their work, then they shouldn't distribute the product under a license that permits them to do so.

      Since the license does permit others to profit from the work of the Mozilla Foundation, then the profit can hardly be said to be undeserved.

    61. Re:What they mean to say is.... by FLEB · · Score: 1

      The giant community of people told them they could. So can I and so can you. If you want it a different way, write your own license.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
    62. Re:What they mean to say is.... by stuuf · · Score: 1

      You missed the "physically distributed" part. OSS is generally downloaded over HTTP/FTP/BitTorrent/etc, not on a boxed CD that you buy from a store. With respect to your comment about the US legal system, I think it's equally likely that we'll see legislation passed in the next few years requiring law enforcement to confiscate everything at the first sign of a copyright violation, and ask questions later. Also, the article was written by a Mozilla Foundation member; he probably wouldn't want to say that the same people selling Firefox CDs are also selling bootlegged Photoshop, even if someone had told him that were the case.

      --

      Everyone is born right-handed; only the greatest overcome it

    63. Re:What they mean to say is.... by bckrispi · · Score: 2, Funny
      Maybe some of these people don't have a net connection...

      Hell of a lot of good Firefox is going to do them in that case!

      --
      Xenon, where's my money? -Borno
    64. Re:What they mean to say is.... by Bloke+down+the+pub · · Score: 1

      You have a point, at least partly. But on the other hand, people may not have the time, expertise, fast reliable internet connection yada yada to obtain it for themselves. Telling someon a recipe doesn't make them a cook.

      You could equally argue that a restaurant exploits people by charging more than the cost of the ingredients.

      In either case, nobody forces you to buy, but likewise nobody forbids[1] a bit of DIY if you're capable of it.

      [1] not until trusted computing becomes the norm, anyway.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    65. Re:What they mean to say is.... by tomhudson · · Score: 1

      Maybe some of these people don't have a net connection...

      Hell of a lot of good Firefox is going to do them in that case!

      Gee, its not like browsers need a net connection to work: Use your imagination
      • Help files and documentation in html format
      • Intranets that don't allow outside connections in either direction, but that use browser-based server apps
      • Games written in javascript, java, flash
      • Older computers that they don't want to bother configuring to connect to the net, but still want to have an up-to-date browser
      • older laptops
    66. Re:What they mean to say is.... by Atzanteol · · Score: 1

      I think at issue is whether she confiscated CDs before fully understanding whether they were illegal or not. The article doesn't quite make that clear (taking action? Meaning legal action or confiscation action?). If she did, then that's kinda like giving somebody a ticket for speeding without having any idea what the speed limit is.

      If not, well she may be a bit braindead IMHO, but she gets kudos for at least contacting Mozilla.org about it before doing anything 'rash.'

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    67. Re:What they mean to say is.... by aonaran · · Score: 1

      I think you skipped over my original post

      I said it's un ethical to just create another download site that's pay rather than link to a site that gives it away for free.

      I'm with you on charging for burning to CD-ROM for people who don't have fast internet I have sold and do currently sell CD-ROMs of Linux distros, I just don't think it'd be right to set up a paypal shopping cart on my website to allow access to download something that people could download from the original site for free.

    68. Re:What they mean to say is.... by Atzanteol · · Score: 1

      Shouldn't the cop know that before pulling you over?

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    69. Re:What they mean to say is.... by Fulcrum+of+Evil · · Score: 1

      You're not paying for the software on the CD. You're paying for the time and expense involved in putting it on said CD. You may also be paying for support of said software.

      Actually, I'm paying for the CD. Cost of distribution is just part of that. After I buy a CD, I then own a copy of it, whether it's MS Win2k or Rhel4.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    70. Re:What they mean to say is.... by Nahor · · Score: 1

      Not if he doesn't know how to read the speed limit sign, that was the remark of the GGP post.

    71. Re:What they mean to say is.... by scragz · · Score: 1

      Actually, it most probably is. Rpms are compressed (using bzip2, AFAIR). And even if it's the windows version of Firefox, it's installer file is most likely a self-extracting compressed file.

      The Windows installer uses 7-Zip since bug 244026.

    72. Re:What they mean to say is.... by renehollan · · Score: 1
      I said it's un ethical to just create another download site that's pay rather than link to a site that gives it away for free.

      I'm with you on charging for burning to CD-ROM for people who don't have fast internet I have sold and do currently sell CD-ROMs of Linux distros, I just don't think it'd be right to set up a paypal shopping cart on my website to allow access to download something that people could download from the original site for free.

      I think you're arguing that taking advantage of someone's ignorance is wrong, and while that may be true, taking the time to explain where and how to get something you got for free costs, well, your time.

      Even if I agree with that, I don't think it's illegal or that it should be. Clearly, anyone who obtains a firefox CD at a price suggesting that their ignorance was taken advantage of, would clearly cry "unfair", thus soiling the reputation of the merchant, and his business will quickly dry up.

      IOW, the "lack of ethics" of which you speak is self-correcting when it comes to the ignorant masses that would otherwise be relieved of their coin. I think that's good enough.

      --
      You could've hired me.
    73. Re:What they mean to say is.... by TheCarp · · Score: 1

      Im sorry officer, I wasn't aware of how fast I was going

      Believe it or not, never gotten a speeding ticket, and been pulled over for it twice (once doing 90 in a 55).

      Remember, the police officer is NOT on your side, there is absolutly no reason to ever GIVE him evidence (like a statment of guilt) against you. I never have, and never will admit to knowing how fast I was going... he better have his radar gun calibrated too... I have a friend who got off on a ticket because the cop didn't have his calibration records with him in court.

      Actully...funny story... he was in court and the officer aparently said something that pissed the judge off. So the judge asked for the records... he didn't have them. Case dismissed. Then my friends case came up, same cop. The Judge just turned to the cop, still livid, and said "so do you have the calibration records now?" "no" "case dismissed!"

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    74. Re:What they mean to say is.... by Cow+Herd+(Anonymous) · · Score: 1

      Are you free? Can you be sold?

      Thinking about the answers to those two questions may give you more information about your apparent confusion.

    75. Re:What they mean to say is.... by incabulos · · Score: 1

      The problem is that erring on the side of caution does not exempt them from laws against theft. The UK Trading Standards officer involved committed a felony, and should be prosecuted for this crime. Ignorance of the law, as they say, is neither an excuse nor a defense.

    76. Re:What they mean to say is.... by 1u3hr · · Score: 1
      > "Considering that virtually all software distributed physically claims copyright protection to the maximum extent possible..."
      Only for some very odd definition of "virtually all". If you said "most," I wouldn't argue a bit, but I think that free/libre/open-source software

      I said "virtually all distributed physically". As in, on a CD, in a box, etc; which is what TFA is concerned with.

    77. Re:What they mean to say is.... by jacksonj04 · · Score: 1

      With Win2K it's possible to buy a CD without a licence attached, such as copies to be used under a site licence. Having a copy of the software doesn't necessarily mean you're allowed to use it (Although the point is moot in this case).

      --
      How many people can read hex if only you and dead people can read hex?
    78. Re:What they mean to say is.... by Fulcrum+of+Evil · · Score: 1

      With Win2K it's possible to buy a CD without a licence attached, such as copies to be used under a site licence.

      Generally, though, when you buy the CD, you own the copy and have a right to use it. The physical media CD usually contains obvious notices on the box saying what its limitations are.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    79. Re:What they mean to say is.... by mpe · · Score: 1

      "we are too stupid to make a distinction between Free software and commercial software. We can't read nor do we understand licence agreements."

      "free software" can easily be "commercial" and there is plenty of proprietary software which isn't in any way "commercial".
      What she did is know as "shoot first and ask questions later". The solution is simply to either ask the copyright holder before taking drastic action or only take such action when the copyright holder complains first.

    80. Re:What they mean to say is.... by mpe · · Score: 1

      no one sells water that has "fallen from the sky"; they sell purified water.

      It need not be purified by them. Quite a few companies sell bottled tap water, at a quite huge markup.

  4. No-one expects the British Inquisition ! by cbelt3 · · Score: 5, Funny

    My GOD ! They're giving it away ! How can we control this !

    1. Re:No-one expects the British Inquisition ! by Errtu76 · · Score: 0, Redundant

      Poke them with the soft cussions! If they don't work ... bring in THE COMFY CHAIR !!!!

    2. Re:No-one expects the British Inquisition ! by Anonymous Coward · · Score: 0

      I think you meant:

        My GOD ! They're giving it away ! How can we tax this !

    3. Re:No-one expects the British Inquisition ! by mikesmind · · Score: 1
      My GOD ! They're giving it away ! How can we control this !

      This is funny and not so funny, at the same time. Government establishes laws to protect someone. Here is a case where the entity (Mozilla) they are supposed to protect, does not need their protection! The license terms allow the software to be distributed, as long as the distributor abides by the terms of the license. (IANAL)

      It is hard to be a police state when people start choosing freedom!

      --
      www.mikesmind.com - www.daddyworkathome.com - www.freetofarm.org - www.tenfoottable.com
    4. Re:No-one expects the British Inquisition ! by argStyopa · · Score: 1

      More importantly, it screws up tax systems where they take a % of the value of the transactions, doesn't it?

      Always wondered how the IRS would audit someone who did business entirely by barter.

      --
      -Styopa
    5. Re:No-one expects the British Inquisition ! by Anonymous Coward · · Score: 0

      It could be that their real concern is to prevent your grandmother from buying something she could get for free. If you think about it could be considered a scam. Sure, there are licenses you should read and everything but besides the Slashdot crowd, who else that uses computers knows what GPL is all about?

      "I can't believe that your company would allow people to make money from something that you allow people to have free access to. Is this really the case?" she asked.

    6. Re:No-one expects the British Inquisition ! by Tweekster · · Score: 1

      Easily. They simply tax what the item costs in monetary terms...(they do that all the time actually)

      --
      The phrase "more better" is acceptable English. suck it grammar Nazis
    7. Re:No-one expects the British Inquisition ! by pthisis · · Score: 1

      See IRC tax topic 420 - Bartering Income
      http://www.irs.gov/taxtopics/tc420.html

      They have tons of compliance officers on this, since many business do in fact do a majority of their business by barter.

      --
      rage, rage against the dying of the light
  5. "If your software's free... by Ossifer · · Score: 5, Funny

    ... you're going to put us out of our jobs, I mean, who would we prosecute then??!?!"

    1. Re:"If your software's free... by WWWWolf · · Score: 2, Insightful
      I mean, who would we prosecute then??!?!

      Um, people who violate OSS licenses, perhaps? It shouldn't matter who gets paid, as long as the lawyers get paid, you know?

      (I know you tried to be funny, and succeeded, too. =)

    2. Re:"If your software's free... by Ossifer · · Score: 2, Funny

      "The people who violate OSS licenses? How could anybody violate something that's free?!?" ;-)

    3. Re:"If your software's free... by harrkev · · Score: 2, Informative

      Simple -- by modifying it, distributing it, and NOT giving away the source code.

      People have gotten in trouble for doing exactly this.

      --
      "-1 Troll" is the apparently the same as "-1 I disagree with you."
    4. Re:"If your software's free... by aborchers · · Score: 5, Funny

      Their comment

      "If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation"

      reminds me of something I heard once in a meeting at work. A middle manager, upon being told a single, sensible and direct way to solve a problem, blurted out:

      "But we need options so we can make decisions!"

      --
      Trouble making decisions? Just flip for it.
    5. Re:"If your software's free... by Plunky · · Score: 1
      "The people who violate OSS licenses? How could anybody violate something that's free?!?"

      If it exists, somebody wants to violate it.

    6. Re:"If your software's free... by r3m0t · · Score: 1

      The wink indicated he was joking. But you forgot - another way is to redistribute it (for love or money) claiming you wrote the code.

    7. Re:"If your software's free... by Ziviyr · · Score: 1

      "But we need options so we can make decisions!"

      Okay, here are two options:

      1. Implement sensible direct solution.

      (slams banana onto the table)
      2. Do nothing and eat a banana.

      Now you can make a decision.
      We've got more bananas if you don't think you have enough options.

      --

      Someone set us up the bomb, so shine we are!
  6. Brits by Anonymous Coward · · Score: 0

    Are the British REALLY into finding and prosecuting people who pirate software/music/videos?? I found it strange when I got a message from an Music Industry "Representative" based in London for some unauthorized content a user uploaded onto my US based server. Now they're confiscating Firefox CDs??? Is it a big way of making money over there? Try to find people pirating stuff and REPORT THEM! They're nuts.

    1. Re:Brits by mikael · · Score: 1

      In most UK cities there are small-trader marketplaces where anyone with a permit can set up a stall and sell just about anything - usually these are items like badges, union-jack keyrings, iron-on patch badges, celebration coffee mugs/T-shirts, etc... ), flashing LED pens, mobile phone covers, second hand books/CD's. Anything that can be carried in boxes from the boot of a car. The more dodgy of these traders sell pirated CDs and DVDs at cheap prices ($5 each) - these are obvious because the jewelbox covers would be off-tone and it would be a regular burnable CD/DVD inside.

      The trading standards officers regularly visit these places to look for counterfeit products. In the past, if music CD's or film DVD's are being sold, they would be confiscated immediately. Now, since a trader has started selling legally distributable software, the trading standards officers will have to examine each CD in order to read the software license agreement.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    2. Re:Brits by Blrfl · · Score: 1

      In other words, they'll be forced to do their jobs.

    3. Re:Brits by gnasher719 · · Score: 1

      '' The trading standards officers regularly visit these places to look for counterfeit products. In the past, if music CD's or film DVD's are being sold, they would be confiscated immediately. Now, since a trader has started selling legally distributable software, the trading standards officers will have to examine each CD in order to read the software license agreement. ''

      Not necessarily. All he has to do is ask the seller whether any of the goods the officer wants to confiscate is actually legal. If he says no, confiscate. Only if he says yes, things get more interesting. And if you have a copy of Firefox in the middle of hundred illegal copies of other software, maybe you wouldn't want to press the matter, because instead of getting just the illegal software confiscated, you are likely to end up in court.

  7. Not the first time by AmericanInKiev · · Score: 3, Interesting

    As having been arrested for picking up litter - I can understand this problem. Police are mmotivated to enforce the status quo, actual facts are too bothersome.
    AIK

    1. Re:Not the first time by ThePowerGorilla · · Score: 1

      Pardon my ignorance, but how do you get arrested for picking up litter?

    2. Re:Not the first time by Anonymous Coward · · Score: 5, Funny

      Litter is British slang for prostitutes.

    3. Re:Not the first time by Nemi · · Score: 1

      ROFL, I wish I had mod points...

    4. Re:Not the first time by beebware · · Score: 1

      I guess picking up litter is technically theft (either from the person who's litter it is our the local authorities litter clearance department0.

    5. Re:Not the first time by stevied · · Score: 2, Funny

      Do you want to explain to them what a "lay by" is, as well? ;-)

    6. Re:Not the first time by AmericanInKiev · · Score: 3, Interesting

      A great deal of litter is intentional and is used for advertising purposes (similar to graffiti) This litter may take the form of posters or placards on telephone poles - or other public property and is prohibited so far as I know in every country and state (though my research is limited to english speaking domains).

      I was convicted of encouraging minors to participate in making the roadsides clean of litter. Appearing soon in a federal court near you.

      AIK

    7. Re:Not the first time by Anonymous Coward · · Score: 0

      So, would you like to give us more details about your case so we can spam the prosecutors and judges involved with cuss-laden anti-them letters?

    8. Re:Not the first time by Anonymous Coward · · Score: 1, Funny

      Also, "picking up" is British slang for buggering.

  8. Umm... by Anonymous Coward · · Score: 0

    Guess the guy in the UK has no idea that you can take linux, package it yourself, and sell it if ya want...and have been able to for years - because the license pretty much lets ya do it...

    But like, it has no effect on anti-piracy laws, because, well, selling copies of Firefox on CD isn't piracy?

    LoL

  9. why? by Errtu76 · · Score: 2, Insightful

    If they bothered to read the license Mozilla has attached to its products, they wouldn't be so surprised.

    1. Re:why? by Anonymous Coward · · Score: 0

      It's been regularly pointed out on /. that there are too many licences for that to work. Every piece of commercial software has a different EULA, they're all long and written in obfuscated language, and it's as unreasonable to expect us to read and understand them as it is to expect the Trading Standards people. If you're expecting a piece of software to be commercial then you ignore the licence.
      Free software does a bit better in that usually all you need to do is see "GPL" or "BSD" and you're fine, but there are still too many Free licences too, e.g. Firefox is under the MPL. I've never read the MPL and never intend to. For all I know it could forbid me from distributing Firefox, the only reason I think it doesn't is because it's usually referred to as Free on /..

    2. Re:why? by Errtu76 · · Score: 1

      In all honesty, i'd have to admit that i never read it either. By the same assumptions as you i've made my conclusion too. And yes, i normally see either GPL, BSD, or similar and feel 'safe'.

      I wouldn't be surprised if there was some line in it saying "Congratulations for reading up to this point. We never thought somebody actually bothered, but you have our deepest respect and gratitude from this moment on." , and nobody would notice it until Firefox 2.0 was released :P

    3. Re:why? by JesseMcDonald · · Score: 1

      Any license listed on the Open Source Initiative's Licenses page is certified to adhere to the Open Source Definition, and the very first item on that list is Free Redistribution. Thus, knowing that the MPL is an OSI-certified Open Source license, you can be sure that it allows you to redistribute MPL software without ever having to read the MPL itself.

      Furthermore, Firefox is dual-licensed (GPL/MPL). Since you (probably) know that the GPL allows redistribution, you don't actually need to know whether the MPL allows it or not, since you could simply redistribute it under the GPL's terms instead.

      Disclaimer: IANAL and this is not legal advice.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    4. Re:why? by 91degrees · · Score: 1

      The MPL does allow you to charge a fee for support, but I didn't see it mention that you could charge for distribution. Nor did I see any nmention that you couldn't charge for distribution but it's not all that clear.

    5. Re:why? by LordKazan · · Score: 1

      The EULA for the game FreeSpace 2 explicitly permitted you to make copies and give them to your friends. Nobody noticed for four years.

      --
      If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
    6. Re:why? by Errtu76 · · Score: 1

      I also remember some company having a line in their EULA pointing to a url that gave the first person to view it, a cash prize (or something). Lasted for months until somebody finally noticed it :)

    7. Re:why? by Anonymous Coward · · Score: 0

      Well, cheers for the info, but I've installed firefox about 10 times (on windows + 5ish on linux via apt, which don't count since it doesn't pop up a licence) and never even noticed it was dual-licenced. It doesn't mention it on Help->About. I didn't know about the OSI licences page either, thanks.
      I maintain that it's not an efficient use of the Trading Standards people's time to be reading licence agreements, and contacting the copyright holders is a better idea.

    8. Re:why? by pthisis · · Score: 1

      I maintain that it's not an efficient use of the Trading Standards people's time to be reading licence agreements, and contacting the copyright holders is a better idea.

      This makes no sense. By the time you can get the contact info, sit through corporate hold, talk to someone, and explain the situation you could've read the license several times over. It makes far more sense to read it, and then call if it's ambiguous.

      --
      rage, rage against the dying of the light
  10. This makes me ashamed to be british. by Anonymous Coward · · Score: 0

    How godddamn retarded is that? They've missed the entire point of anti-piracy legislation...

  11. Free Beer by wwwillem · · Score: 5, Funny

    Someone should take this guy to the bar and explain it to him over a 'free beer'.....

    --
    Browsers shouldn't have a back button!! It's all about going forward...
    1. Re:Free Beer by LarsWestergren · · Score: 1

      Someone should take this guy to the bar and explain it to him over a 'free beer'.....

      The guy you mention from the article is actually a woman. I supposet this is sort of a reverse Crying Game.

      WWWillem: "God, that is a relief. I was really attracted to you, and I was hoping it was just the beer..."

      This is the sort of messed up situation that causes well adjusted gay men to run screaming for the closet. (Thanks to MST3K for that joke..)

      --

      Being bitter is drinking poison and hoping someone else will die

    2. Re:Free Beer by Anonymous Coward · · Score: 0

      It was, unsurprisingly, a woman.

    3. Re:Free Beer by harley_frog · · Score: 1

      Someone should take this guy to the bar and explain it to him over a 'free beer'.....

      You mean like this?

      --
      It's all fun and games until someone loses the key to the handcuffs.
    4. Re:Free Beer by dilvish_the_damned · · Score: 3, Funny

      Someone should take this guy to the bar and explain it to him over a 'free beer'.....

      Giving out beer for free is illegal. I am guessing due to some copyright issue with the originating monk.

      --
      I think you underestimate just how much I just dont care.
    5. Re:Free Beer by Alsee · · Score: 1

      No, not a copyright issue. It's illegal because of a patent issue.

      And no, not a patent on any physical device for making the beer. Not a patent on the physical beer making process. It's illegal because of a software patent on the equation for how long to ferment the beer.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  12. Can I get this job? by Cyphertube · · Score: 1

    This sounds like a job wherein I'd never have to use my brain. Is this some kind of civil service position? What are the requirements to get this job? Can I get a work permit if I show that I'm qualified to understand the difference between pirated and simply copied software? (You'd think they'd spend more time cracking down on the people selling on eBay.co.uk, right?)

    Then again, I think I'd be quite bored.

    --
    Linux - because it doesn't leave that Steve Ballmer aftertaste.
    1. Re:Can I get this job? by XxtraLarGe · · Score: 1

      The could probably afford to hire more competent people if the Ministry of Silly Walks wasn't getting all their funding!

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    2. Re:Can I get this job? by BenjyD · · Score: 1

      It's a UK public sector position, they'll hire anyone. Nobody ever gets fired (unless you do something really stupid that ends up getting in the newspapers). The pay is crappy, but the conditions are good.

    3. Re:Can I get this job? by Anonymous Coward · · Score: 0

      It's a UK public sector position, they'll hire anyone. Nobody ever gets fired (unless you do something really stupid that ends up getting in the newspapers).

      Quick, someone call The Times.

  13. All the more reason... by perigee369 · · Score: 1, Flamebait

    All the more reason why all this anti-piracy witchhunt should be banished... Governments need to realize that they need to do as the majority wants, not what a select group of rich companies want... My $0.02 worth.

    1. Re:All the more reason... by ryanjensen · · Score: 1
      But the majority never should be able to remove the rights of even the smallest minority. In this case, the select group of rich companies have a right to control the distribution of the software they create - that's copyright.

      It's like in the US right now: should the majority (religious persons) be able to take away the right of the minority (atheists) to not practice religion? Should the majority (caucasians) be able to take away the rights of the minority (other races) just because they wanted the government to? (not that they do)

    2. Re:All the more reason... by perigee369 · · Score: 1

      You bring up a good point, however I think there's a big difference between "copyright" and "Civil Rights"...

      And whomever thought I was intending to 'flamebait' with my original comment should have taken your words to heart, and realized that I simply am pointing out the other side of the whole issue here.

    3. Re:All the more reason... by frinkacheese · · Score: 1

      I'll now take your 0.02 worth, burn it to a CD and sell it down t'market :)

    4. Re:All the more reason... by perigee369 · · Score: 1

      Nice touch ;D

  14. Mr. Officer... by SeekerDarksteel · · Score: 2, Funny

    Thise word..."Free Software"...I do not think it means what you think it means.

    --
    The laws of probability forbid it!
    1. Re:Mr. Officer... by zukakog · · Score: 1

      Anybody want a peanut?

  15. eBay also did/does this to some extent by iosmart · · Score: 5, Interesting

    A while ago when broadband and CD burners weren't too popular, I tried selling burned Linux CDs on eBay for people with dialup. Within a day or two, they pulled my auctions and said "You can't sell burned CDs of any type on eBay."

    1. Re:eBay also did/does this to some extent by rainman_bc · · Score: 1

      As someone who paid for a copy of Mandrake 5, I actually understood the need to pay $5 for a CD... Seemed like a fair purchase to me at the time...

      Granted that was when Linux on the desktop sucked balls...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    2. Re:eBay also did/does this to some extent by Anonymous Coward · · Score: 0

      They might want to tell that to all the people running literally thousands of auctions for burned CDs that contain scanned, unauthorized copies of product manuals on there. I see them *all* the time...

    3. Re:eBay also did/does this to some extent by kid_oliva · · Score: 0

      When you list it as "Burnt Ass Copy of Linux" yeah, they're going to pull it. People sell burnt copies of stuff all the time on Ebay. They explain it in the body what it is and how it is a backup and should only be used as such. Looks like you forgot to eat your Wheaties.

      --
      I eat Karma for breakfast, lunch, and dinner. That's why I don't have any.
    4. Re:eBay also did/does this to some extent by Anonymous Coward · · Score: 0

      people do it all the time...in violation of ebay policy they just are not "caught"

      for right or wrong, the ebay policy is extremely simple, NO CDRS of any kind.

    5. Re:eBay also did/does this to some extent by Anonymous Coward · · Score: 0

      Granted that was when Linux on the desktop sucked balls...
      So this could have happened as recently as today.

    6. Re:eBay also did/does this to some extent by Anonymous Coward · · Score: 0

      I expect thats to stop people selling copies of "Coldplay linux", "Firefox - The White Album" and "Maria Carey sings isapnptools"

    7. Re:eBay also did/does this to some extent by nurb432 · · Score: 1

      Funny how some companies distribute their stuff only on CDr.

      --
      ---- Booth was a patriot ----
    8. Re:eBay also did/does this to some extent by ivan256 · · Score: 2, Informative

      People sell burnt copies of stuff all the time on Ebay. They explain it in the body what it is and how it is a backup and should only be used as such.

      Yeah, now... Back then they were worried about getting sued out of their small business existance. Now they're worried about collecting as many listing, upgrade, and closing fees on every stupid-assed fraudulent, mis-categorized, or questionable item listing they can get people to pay for. They only pull auctions of burned things if it's from a company that can afford more lawyers than them now.... Essentially, they only pull pirated Microsoft stuff.

    9. Re:eBay also did/does this to some extent by Anonymous Coward · · Score: 0

      No

      Only your 'woman|mom|daughter' is sucking balls today.

    10. Re:eBay also did/does this to some extent by 00Dan · · Score: 1
      Essentially, they only pull pirated Microsoft stuff.

      Actually, all Microsoft stuff. I had an auction for a copy of MS Office that I won as a door prize pulled and eBay refused to even consider that it could be legit.

      /And then they sent an email to the bidders telling them that I was a software pirate.

    11. Re:eBay also did/does this to some extent by ivan256 · · Score: 1

      And then they sent an email to the bidders telling them that I was a software pirate.

      Sounds like grounds for a libel suit. File it in small claims court. Say there was $3500 in damages. They won't even show up, and you'll win by default.

    12. Re:eBay also did/does this to some extent by Chrontius · · Score: 1

      I probably bought one of your CDs.

      Thank you.

    13. Re:eBay also did/does this to some extent by noidentity · · Score: 1

      "Within a day or two, they pulled my auctions and said "You can't sell burned CDs of any type on eBay.""

      That's probably because it would be more costly for them to hire someone to check every single auction of a burned CD. If they allowed free software, people would have just found a way to covertly communicate what the software really was to the buyer, while claiming it was free software.

    14. Re:eBay also did/does this to some extent by Lehk228 · · Score: 1

      then spend $6000 collecting it. though you could probably sell the debt for at least $2000

      --
      Snowden and Manning are heroes.
    15. Re:eBay also did/does this to some extent by ivan256 · · Score: 1

      Or you could just file for a lein on some of their assets. Surprisingly, even disturbingly easy to get... Especially when you have a judicial ruling in your favor to wave around.

      Not only will you have a check, but you'll have their lawyers on the phone begging you to cash it. You just have to be willing to do some paperwork, and maybe flying to some distant city hall...

  16. And this is why... by Anonymous Coward · · Score: 0, Funny

    The UK goverment should consider an import blockade on banana's.

    1. Re:And this is why... by Anonymous Coward · · Score: 0

      Huh?

  17. This is SO funny by jonbeckett73 · · Score: 3, Funny

    Does this mean the DTI is going to try and confiscate all boxed copies of Linux for sale in the UK?

    --
    Jonathan Beckett http://www.pluggedout.com
    1. Re:This is SO funny by sepluv · · Score: 1

      There's a few good companies selling free software in the UK. I bought a £100+ of free software from the LInux Emporium a couple of years ago. They are probably the best. They even posted me an (unasked for) security update CD for one of the distros a month or two later. They've also got all sorts of other cool parathenalia: t-shirts, cuddly Tuxes, GNU/Linux-installed laptops, books (inlcuding GNU Press books which are difficult to get in the UK).

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
  18. Hmm, might have something to do with this by sane? · · Score: 4, Interesting
    http://news.bbc.co.uk/1/hi/entertainment/4740668.s tm

    Looks like someone on high has been told to allocate resources to copyright infringment. You can see how the idea that people can sell things which are free would confuse PC Plod.

    Here's hoping they get equally confused with the idea you can buy something, but not be able to do what you want with your property and in consequence arrest the chairman of EMI.

    1. Re:Hmm, might have something to do with this by Haeleth · · Score: 1

      I have no objection to them cracking down on commercial pirates. What people who sell pirated DVDs do is totally immoral. I mean, how dare they charge for something you can get for free? :P

    2. Re:Hmm, might have something to do with this by dwandy · · Score: 1
      I like that Federation Against Copyright Theft (Fact) is in fact not about theft... how do you steal a copyright? Or do these guys represent the musicians who've had their works stolen by the RIAA?
      So it's really Federation Against Copyright Infringment (Faci) ...which leads to Federation Employing Copyright Eventually Slumps (Feces)
      FUD About Laws Stymies Everyone (False)

      hmmm, not great; there must be better. anyone? Bueler? anyone?

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
    3. Re:Hmm, might have something to do with this by LainTouko · · Score: 1

      Actually, Federation against Copyright Disobedience would be better. Infringement suggests that copyright is actually a right; something which allows people to do something. Whereas it's actually a restriction; something which stops people from doing something, namely copying the thing except in certain circumstances. It's just called a right because people are more likely to support it then, and the people behind this sort of information scarcity scheme need to mislead the public, as any honest description makes it too easy to work out that it's not actually in our best interests at all.

    4. Re:Hmm, might have something to do with this by timmyf2371 · · Score: 1

      Copyright gives the creator/owner of the work the right to control distribution of his/her work and to have a "temporary" monopoly on the work.

      --

      Backup not found: (A)bort (R)etry (P)anic
    5. Re:Hmm, might have something to do with this by LainTouko · · Score: 1

      No, it gives them the [b]power[/b] to do so. Rights are about what you can do, not what everyone else can do.

  19. Hilarious... by sepluv · · Score: 2, Interesting
    Having experience of TS officers, I know this level of stupidity is more than expected. What surprises me most is that TS actually pursued a complaint. (Actually, they probably thought that MF was a big corp. who would provide them with brown envelopes, which is different from persuing complaints from consumers.)

    Also, see Gervase's blog entry, and it is also on digg.

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  20. submitter: RTFA by l2718 · · Score: 5, Informative

    The blurb is highly misleading. No CDs were confiscated. Rather, the officer did the right thing: upon uncountering the "suspicious" distributor, he first contacted the copyright owner (the Mozilla Foundation) to ask what gives. In particular, no confiscated CDs had to be returned.

    As another poster above points out, the Trading Standards Office should have been able to figure this out by reading the license, but you cannot fault them for going to the people who licensed the software initialy.

    1. Re:submitter: RTFA by sqlrob · · Score: 1
      Implication from TFA is that there may have been confiscation

      I wrote back, politely explaining the principles of copyleft - that the software was free, both as in speech and as in price, and that people copying and redistributing it was a feature, not a bug. I said that selling verbatim copies of Firefox on physical media was absolutely fine with us, and we would like her to return any confiscated CDs and allow us to continue with our plan for world domination (or words to that effect).
    2. Re:submitter: RTFA by Hieronymus+Howard · · Score: 2, Funny

      upon uncountering the "suspicious" distributor, he first contacted the copyright owner

      RTFA yourself:
      A little while ago, I received an e-mail from a lady in the Trading Standards department of a large northern town

    3. Re:submitter: RTFA by StopSayingYouSir · · Score: 1
      Not necessarily. To me, the phrase seems to mean, "if you confiscated any CDs, please return them."

      In any case, the submitter clearly went too far.

    4. Re:submitter: RTFA by sepluv · · Score: 1

      He says he asked to return any CDs that she may have confiscated, so I get the impression that it wasn't clear whether she had taken any action or not yet.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
    5. Re:submitter: RTFA by leuk_he · · Score: 4, Informative

      Well, reading the licence on the cd should not believed. Hypothacally I would be able to create a cd containing Oracle and stamp a gpl licence notification on it. Am i allowed to distribute it then.I do not think so. So the lady was correct.

      The other way arround happens also by the way. Some gpl software gets retagged by someone who thinks he can getaway with it. You cannot sell that one because you do not have a valid licence for the software. (even if you say you have. )

    6. Re:submitter: RTFA by Anonymous Coward · · Score: 0

      Rather, the officer did the right thing: upon uncountering the "suspicious" distributor,

      is uncountering the opposite of encountering?

    7. Re:submitter: RTFA by pjay_dml · · Score: 1

      And it posses such a great difficulty to check the license online...

    8. Re:submitter: RTFA by Anonymous Coward · · Score: 0

      Actually from the article it is unclear of the exact action taken either way. Trading standards may or may not have initially confiscated the CDs and if they did it wasn't confirmed that they were returned.

    9. Re:submitter: RTFA by Anonymous Coward · · Score: 0

      There is nothing in the GPL to prevent someone from selling GPL licesnsed software. The restriction is that the source must be included, or a written offer to provide source must be included, basically.

    10. Re:submitter: RTFA by leuk_he · · Score: 1

      But you cannot retag the licence.

    11. Re:submitter: RTFA by schon · · Score: 1

      Yes, but why would the author automatically assume that CD's had been confiscated?

      It's pretty clear that there is an implication that CD's were confiscated. If there weren't, why would he mention it at all?

    12. Re:submitter: RTFA by StopSayingYouSir · · Score: 1
      Because it's common knowledge that people who investigate crimes sometimes gather evidence. It is not clear whether this was merely an assumption on the author's part, or if it really occurred. The article tells us what he told the officer about confiscated CDs; but it does not say what, if anything, the officer told him. Since the article leaves room for doubt, the slashdot headline and summary are not defensible. Even if they are correct, it's a lucky guess.

      Personally, it doesn't make sense to me that the authorities would confiscate anything until after they had confirmed that what was happening was really a crime. But I have asked the author for clarification, and I'll let you know what he says if he responds.

  21. response by The+Cisco+Kid · · Score: 5, Insightful

    "If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation, as it is difficult for us to give general advice to businesses over what is/is not permitted."

    Here is the crux, Miss, what is/is not permitted regarding software is entirely a function of the license that is agreed to by the involved parties. There is no blanket set of rules - what one party's license prohibits, another party's license may encourage or require. The 'general advice' you should give to businesses is that they need to read and understand the licenses associated with whatever software that they are involved with (something you apparently had difficulty doing yourself)

    1. Re:response by Anonymous Coward · · Score: 0

      And blaming the mozilla foundation is blaming the exact wrong "side" for any difficulity explaining licences to people.

      The Mozilla Foundation explains the licensing in plain english. The GPL always had an "English" preamble. And creative commons even has "deeds" that are as clear as language can get including translations in plenty of languages and icons representing a certain use. (creativecommons.org even has a "wizard" for people who want to select a license)

      I am still, However, looking for a human readable version of microsofts licensing policy. As far as I know I would have to figure out what constitutes:
      A. an educational/business/goverment organisation
      B. a computer (Maybe a mainboard, maybe a processor, maybe a procesor core, maybe something with a mac address plus a set of PCI identifiers and a processor serial number)
      C. a "software upgrade" (Didn`t you have to buy your dells with an installed microsoft OS because the organisational licensing only is about "updates" to this OS?)
      D. a hurricane victim (tsunami victims need not apply)

      Its all explained in this 44 page word file.

      So yes, licensing is confusing for "normal people" or busineses. But when you work together with Microsoft (Through the BSA or other lobbyists) to make people follow licenses... then you could get help from their side by asking for understanable licences to enforce.

    2. Re:response by iabervon · · Score: 1

      As somebody else pointed out, they have to contact the actual copyright holder to find out what license to read, particularly if they didn't actually confiscate anything that would have the license on it (and they'd still have to find out if the copyright holder had actually licensed it to the people selling it, since the license isn't a signed and notarized document from Mozilla). (The slashdot blurb is wrong: the article doesn't say that the govt confiscated anything, and implies by omission that they didn't.) Of course, there are plenty of press releases they could have looked at; I doubt that they call up Microsoft every time they see something new sold as a Microsoft product to make sure that Microsoft really did release this.

      As for the guidelines to give businesses, the Mozilla rep really ought to have said, "Tell them to look for the license on http://www.opensource.org/licenses/. If it's there (and the actual owner seems to really have released it under that license), then follow the guidelines in http://www.opensource.org/docs/definition.php. Otherwise, it's too risky to use unless you look over the license with a lawyer or can understand it yourself."

    3. Re:response by swelke · · Score: 1

      The 'general advice' you should give to businesses is that they need to read and understand the licenses associated with whatever software that they are involved with (something you apparently had difficulty doing yourself)

      You seem to be implying that reading and understanding such licenses is something that your average Wal-Mart employee could handle. While reading them is not difficult, understanding is nontrivial. I have tried, and I assure you that it's not so easy. I would guess that a non-lawyer reading a ten page software license is equivalent to a non-programmer reading ten pages of C++ code. Even the GPL, which is designed to be readable is difficult to read, as opposed to most commercial licenses, which are designed to read like gibberish.

      I will grant, however, that somebody whose job it is to enforce copyright laws should understand the licenses involved. If they don't, then that person is simply not qualified for their own job.

      --
      Have you ever wondered How to Take Over
    4. Re:response by The+Cisco+Kid · · Score: 1

      Yes but "they" (some uk government agency) isnt who should be doing that. "They" (some uk govt agency) needs to advise the business to consult the licenses for any software they use/own/copy/whatever *themselves*.. Now of course, that makes "them" (some uk govt agency) less meaningfull in the whole process, so they probably dont like that.

    5. Re:response by The+Cisco+Kid · · Score: 1

      Then allow me to edit my original statement as follows..

      The 'general advice' you should give to businesses is that they need to make sure that their attorneys read and understand....

      The problem is that this agency seems to think there is (or should be) some sort of blanket advice that they can give businesses, and they think it is (or should be) 'you arent allowed to copy any software'. And we of course know that isn't true (nor is the converse). Blanket statements concerning wether you can copy software are not valid - one must refer to the terms of the license under which one obtained the software.

    6. Re:response by swelke · · Score: 1

      Good point.

      --
      Have you ever wondered How to Take Over
  22. I love sensationalism... by gowen · · Score: 2, Insightful

    Anyone notice how "A Trading Standards Officer" has mutated into "UK Government...."

    Because stories are more interesting when it's "Entire Government Proved to be Incompetent" and less interesting when the story is "Some Guy/Gal screws up".

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    1. Re:I love sensationalism... by IflyRC · · Score: 1

      Unless the single person's initials are GWB, then they most definitely sensationalize on the person...

    2. Re:I love sensationalism... by mdwh2 · · Score: 1

      Because stories are more interesting when it's "Entire Government Proved to be Incompetent" and less interesting when the story is "Some Guy/Gal screws up".

      True - but it's the Government that gave that one person the power to do that. If they allow one person to have that power without safeguards to prevent abuse, then arguably they are still nonetheless responsible.

    3. Re:I love sensationalism... by mugstar · · Score: 1

      This was my initial response too. For the benefit of non-UK readers, Trading Standards Officers are funded, employed and under the control of Local Authorites - *NOT* the central UK government (or indeed the devolved bodies in Edinburgh and Cardiff). Nor are they, as a couple of people have assumed, anything to do with the police. The headline is inaccurate.

    4. Re:I love sensationalism... by Ngwenya · · Score: 1
      True - but it's the Government that gave that one person the power to do that. If they allow one person to have that power without safeguards to prevent abuse, then arguably they are still nonetheless responsible.


      Well, a bit of a stretch there. Trading Standards have the power to seize fraudulently traded goods, but in the event of a prosecution failing, or not being pursued, they have to return the goods. And there is a safeguard, by way of the Ombudsman.

      I mean, police officers have a fair bit of power, and we expect them to use it responsibly. Most of the time, they do just that. Occasionally, a mistaken or corrupt officer goes beyond responsible use of power. I don't think the government can legitimately be blamed for according police officers appropriate powers every time a bad copper screws up.

      This was just a case of a poorly trained TS officer screwing up. And it sounds like the situation has been resolved. Don't think we can call it a catastrophic failure of government (local or national).

      --Ng
    5. Re:I love sensationalism... by gowen · · Score: 1
      Trading Standards Officers are funded, employed and under the control of Local Authorites - *NOT* the central UK government
      Except, for some reasoon, in Northern Ireland.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    6. Re:I love sensationalism... by DeXOR · · Score: 1

      I didn't now that Tony Blairs initials were GWB...

    7. Re:I love sensationalism... by RexRhino · · Score: 1

      Individuals who make up government = government. Unless I am misunderstanding, and the Trading Standards Office is some sort of private organization, it is completly legit to claim the UK government did something because one of it's paid employees did something as part of their job.

    8. Re:I love sensationalism... by pingveno · · Score: 1

      At some point, a government must hand trust and power to its employees. In this case, there was a safeguard; the Trading Standards person called up a member of the Mozilla Foundation and got things straightened out. It all turned out well in the end. The Trading Standards officer learned a valuable lesson that she will probably convey to the rest of her department and Gervase Markham (and most of Slashdot) had the fun of getting mad about the whole thing.

      --
      "it's not about aptitude, it's the way you're viewed" - Galinda
    9. Re:I love sensationalism... by Senzei · · Score: 1
      I didn't now that Tony Blairs initials were GWB...

      Only for the american pronunciation.

      --
      Slashdot: Where anecdotes and generalizations can be freely substituted for facts, logic, or intelligence
  23. Job Requirements by JetScootr · · Score: 1

    1. Brain size less than the radius of a CD.
    2. Strict adherence to every rule you've ever been told.
    3. Ability to correlate carpooling with the end of the automotive industry.
    4. Ability to leap to tall conclusions in a single bound.
    5. Complete eagerness to swallow everything spewed forth by the BSA.

    "When I consider the rules for grammar, I think
            'Any fool can make a rule
              and every fool will follow'."
    By some famous poet, I forget his name right now.

    --
    Pavlov wouldn't be so famous if he'd used a can opener instead of a bell.
    1. Re:Job Requirements by Anonymous Coward · · Score: 0

      "Any fool can make a rule, and any fool will mind it." -- Henry David Thoreau

  24. Excellent by The_Mr_Flibble · · Score: 1

    Where's my skull and crossbones flag ?

  25. Language inadequacy... by bjk002 · · Score: 1

    Yet another example of the inadequacy of the english language. The capability to properly differentiate the several contextual meanings of the word "Free", and other such "context-based" words has always been, and always will be a problem.

    --
    Opinion:=TMyOpinion.Create(Me);
    1. Re:Language inadequacy... by Anonymous Coward · · Score: 0

      I therefore propose the following additions to the English language:

      fraib = FRee As In Beer
      frais = FRee As In Speech

      Use of these will help prevent any further confusion.

    2. Re:Language inadequacy... by trezor · · Score: 1

      In the Norwegian language we've always had "fri" for free as in speech and "gratis" for free as in beer.

      Because of the popularity of the english language (and the general cluelessness of people) advertisement agencies decided that using "fri" for both "fri" and "gratis" was a cool thing to do. And they were right. Now all the young people (I'm 27, mind you) say "fri" for everything.

      Call me stubborn, call me a pedant, but I still correct people when they make that mistake. And, yes, I know I am the one losing this battle.

      --
      Not Buzzword 2.0 compliant. Please speak english.
  26. I am very suprised! by bogaboga · · Score: 1
    So even in the UK, which is one of the G8 countries, which means that the UK people are very rich and educated and the country is developed...

    It also means that government bodies are well facilitated with knowledge or tools to obtain it. But what do we see?

    Ignorance as if we are talking about some third world country! We live in interesting times, don't we?

    1. Re:I am very suprised! by ami-in-hamburg · · Score: 1

      C'mon man, just because one lady was a little confused about licensing doesn't mean the whole island sucks!

      I don't know where you're from but you don't have to look far in any society to find incompetent gov. worker bees.

    2. Re:I am very suprised! by jimicus · · Score: 1

      which means that the UK people are very rich and educated and the country is developed..

      Yes, but like every other country in the world, educated or otherwise, we have our fair share of people who were dropped on theirs heads as babies who you simply cannot educate much beyond walking, talking, reading and sometimes writing.

      Our solution is to give them a job in government.

    3. Re:I am very suprised! by dwandy · · Score: 1
      Ignorance as if we are talking about some third world country!
      You are confusing several ideas to make your assertion:
      • Not caring != Ignorance
      • Education != Intelligence
      • Having Job != Caring About Job
      • Rich != Motivated
      • 3rd World != Stupid
      The reality is that some very small percentage of the population drags the rest (of us) forward, while we kick and scream and protest.
      Further, by the Peter Principle, we are assured that few (or no!) positions will be held by someone capable of performing well in that position.

      The government is just a gigantic ball of red tape - basically accountable to no one, and (unlike a private corporation) basically can't go bankrupt.

      So I guess what I'm saying is even in this very rich and educated country not everyone is a rocket scientist, and even less are motivated to do a good job, and those numbers drop even further when you work in a thankless job in a seemingly pointless void of a government bureaucracy.

      Still, it seems to be the best system so far...

      --
      If you think imaginary property and real property are the same, when does your house become public domain?
  27. Bogus article headline by madman101 · · Score: 1

    Nowhere in the article does it say they conficated CD's. They were contacting him BEFORE they took action. While he says they should return any conficated disks, it doesn't say they actually had confiscated any.

    1. Re:Bogus article headline by Anonymous Coward · · Score: 0

      The level of detail you want it is not required to write a story.

      Keep in mind that most of us don't dig deep enough to find a dead body.

  28. And their point is? by Captain+Zep · · Score: 1
    'If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation'

    So what are they saying? Mozilla shouldn't be allowed to do this?

    I wouldn't say that spending five minutes to visit a company web-site to find out whether they permit copying is impractical.

    Z.

    1. Re:And their point is? by Lumpy · · Score: 1

      It's a typicaly braindead cop response.

      they want to do a blanket attack on anything "burned" that is being sold. if the back of the CD is not a nice silver then on goes the cuffs and everything confiscated.

      She was whining because it would require them to actually use their brains and not use a wide blanket definition to stop the evildoers.

      I.E. Pure and simple laziness. very typical in police encforcement around the globe.

      --
      Do not look at laser with remaining good eye.
  29. At least she followed procedure by spiritraveller · · Score: 2, Informative

    They had encountered businesses which were selling copies of Firefox, and wanted to confirm that this was in violation of our licence agreements before taking action against them.

    At least she tried to confirm this before running out to arrest people. She may not understand WHY she has to confirm a violation of the licensing agreement... but the fact that she followed the procedure indicates that we aren't all about to be raided for having "pirated" copies of Firefox on our computers.

    There is certainly no shortage of dense people in the world. But that's why we have procedures... we say "do this! this way!" And they do... even if it makes them incredulous. Bravo standards-bearers! Bravo.

  30. It's a sad day by Opportunist · · Score: 2, Insightful

    when the executive branch does not understand, and thus cannot enforce, what the legal branch created. This could probably mean that the laws don't make sense? Just maybe?

    It's even sadder to realize that the bullspit around "copying is illegal" appearantly managed to take precendence over actual and factual law in the heads of the executive branch.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  31. eBay, etc. by SteelV · · Score: 1

    Reminds me of all these businesses making money off of selling free software on eBay/websites that I won't add to the pagerank of. It's pretty pathetic, but mostly legal. I think they should figure out a way to change licenses to disallow that type of thing. I know if I told my uncle that FireFox is an amazing program and everyone should have it, there's a good chance he'd go home and pay 15 bucks for it haha.

    1. Re:eBay, etc. by Martz · · Score: 1

      Why not? It's your choice if you want to pay for free software or not. Most of us do not go out and buy the software on a CD, we're able to download it from the 'net. If your stuck at home on 56k dialup, are you going to spend 2 days connected to the Internet to download that 650mb ISO (charged at £0.01 per min - at best), or would you buy a copy that someone had packaged for you for £5?

      Why is it any different depending on the medium you use? We all pay for our internet connections just like people will pay for 100's/1000's of MB of data on a disk.

      You may not be able to use the trademark name of the product, reproduce graphics/logos etc - and that could be one area where people are infringing on someone elses copyright/trademark name etc.

    2. Re:eBay, etc. by sepluv · · Score: 1
      I've personally bought lots of free software (hundreds of pounds) in the past (when I didn't have broadband). There are many reasons to do this (having a physical medium, you don't (like most computer users in the world) have 'net access (or not broadband), associated support (even if it is just installing it, trustworthy source who you know hasn't put in malware, warranties, unable to find anyone providing the software free on the 'net yet).
      I think they should figure out a way to change licenses to disallow that type of thing
      Then it wouldn't be free software (and I for one wouldn't use it). This would go against the prniciple that one is allowed to distribute the software to whomever one likes and destroy one of the basic ideals of software freedom. As long as you get the license with it, there is no problem and there shouldn't be.
      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
  32. incorrect headline? by Aqws · · Score: 1

    Where is the information you made that summary from? He wrote "we would like her to return any confiscated CDs" or words to that effect. I didn't find that that actually happened.

  33. Slashdot: News for Nerds. Stuff that ... by Anonymous Coward · · Score: 0
    Digg had yesterday

    Folks, you really need to sharpen up a bit.

  34. What the ...? What kind of logic is he using?!! by WidescreenFreak · · Score: 4, Interesting

    Will someone please tell me what the hell this is supposed to mean?!

    If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation.

    This is one of the most asinine things I've heard in a long time! Just because one piece of software says that it can be distributed even though it's free does not mean that suddenly anti-piracy legislation is unenforceable! In fact, anti-piracy legislation does not even come into play here because there was no piracy going on! Either that quote is being taken way out of context or they are actually trying to say that not being able to prosecute those who copy Firefox means that they won't be able to prosecute those who copy Windows, Photoshop, or other programs that clearly fall under anti-piracy legislation!

    In fact, this kind of distribution and marketing has been going on since the Commodore 64 days! Free software would be distributed for about $2 per floppy disk at local computer meets to cover the cost of media and duplication. In fact, that's how a lot of PC shareware got distributed. I used to write some shareware apps that were free to distrubte, just not free to use. I sent disks all over the country to PC user groups with permission to copy and charge a nominal fee for their efforts. I was still getting registration fees a few years after I stopped supporting the software, so that method clearly worked and there was nothing illegal about it. But there certainly would have been laws broken if those user groups tried to do the same with Lotus 1-2-3 or dBase!

    Please tell me that I've misunderstood something here!

    --
    The Overrated mod is for reversing inappropriate, positive mods, not for voicing disagreement with a post.
  35. Now we all know by Anonymous Coward · · Score: 0

    where the paste eaters gained employment in the U.K.

  36. Re:Good Lord! by Anonymous Coward · · Score: 0

    The Brits are dumb, along with every other country that has elected officials making technical decisions. They are not alone in being victimized by irrational laws. For example, the state of Colorado, USA, does not permit the sale of cars or trucks on Sunday. What happens to me if I sign over my car to my GF and date the title on a Sunday?

  37. Incredulous ignoramus ignores issue by Morganth · · Score: 3, Interesting

    "I can't believe that your company would allow people to make money from something that you allow people to have free access to. Is this really the case?" she asked.

    Isn't that something! Maybe you didn't get the memo, but this is how everything works now. Songs play on a radio, but people still buy CDs, because who wants to go recording all the songs. Books are given away for free online, but people pay for the bound version. Artists give tracks away on their website, but people still buy their CDs.

    It's called making money off distribution and convenience of medium, rather than off the production of the intellectual property in question. In fact, considering that most software (proprietary or not) has a one-time "production" cost which exists independent of the number of copies distributed. this makes a bit of sense.

    The reason we don't mind if people sell copies of Firefox is because the Firefox developers, if they care about the "marketplace" of their product at all (which many developers I'm sure do not), they care only about one thing: more people using the software. If that means Joe in Indiana who only has dial-up and won't download Firefox would rather pay someone $5 for a CD, so be it.

    The question asked above shows the general "negative" attitude of the state of our anti-piracy laws. In particular, it seems unfathomable to "let" another company make money off something you give away for free. We're already giving the software away, so how is this in any way a "harm" to us, the developers of the software? We don't "lose" money when another company sells our free product; instead, we simply gain marketshare. Isn't that good enough reason to allow it? Or, put better, wouldn't it be downright silly to disallow it?

    I wish more people would sell Firefox. Like, say, Linux machines loaded with Firefox, at Circuit City or Best Buy, for $200 less than the Windows counterparts. Then we'd really be losing money on the OEM deals, us open source developers! We'd have to call the FBI upon all those piraters.

    This article is somehow refreshing. Dealing with open source software usually means you see how dark and restrictive the proprietary/commercial world has become.

    1. Re:Incredulous ignoramus ignores issue by davids-world.com · · Score: 1
      Linux machines loaded with Firefox, at Circuit City or Best Buy, for $200 less than the Windows counterparts.

      Except that it would be around $20 less, or so. OEM licenses are cheap.

      I guess the advantage of a free operating system is that it's libre rather than gratis. (That's a different story for server-level features, of course.)

  38. Actually raises an interesting issue by MemRaven · · Score: 1
    In TFA there's a reference to the fact that the trading standards body is responsible, essentially, for letting people know what's allowed and isn't when it comes to duplicating software. Essentially, if you come from a mentality of "all random copied CDs are wrong," then you're not going to easily understand the OSS phenomenon.

    But the more interesting thing is honestly that OSS people essentially want everybody to be in the position of:

    • Seeing Random Software CD for sale.
    • Knowing whether the software is under copyright or not.
    • Knowing whether the license allows the Random Seller to sell that CD
    before entering into a transaction. Yeah, for common stuff ("Linux") you might have some idea, but what if it's "Flibberty Gibbit v.1.2.1"? What's that? Can you safely buy it? What about "Red Hat Enterprise Linux"? It's got "Linux" in the name, but you can't actually grab the CDs unless you build them yourself (yada yada yada), which means that even "Linux" isn't always safe.

    For everybody who reads Slashdot, that should be pretty self-explainatory: you know that it's open source, so it's okay (and you're probably not in the habit of buying software out of the back of a car). But think of someone's mother (probably not your own). Mine knows about OSS software because I used to work for an OSS software company and have her machine fully tricked out with Mozilla stuff, but her friends? They don't have a farking clue. They just know that they've had it drilled into their heads that software costs money, comes with your computer, and if someone's trying to sell you a CD with some software for a price that seems too low, it's probably pirated.

    What this essentially indicates to me is that there's a whole separate marketing effort that needs to go on to make sure that society as a whole knows that there is such a thing as OSS software and some people will gladly give you some software, and some won't.

    Oh, yeah, and the trading standards people are d00bs for not actually doing a google search on WTF OSS software is before contacting them. Foolios.

  39. I was waiting for this by Benanov · · Score: 2, Interesting

    I was waiting for this to happen--when the legal hacks that are Free Software (they're beautiful hacks, too) run head-first into all of the silly laws that the proprietary software industry keeps enacting.

    "I'm sorry, we granted permission implicitly to do that..."

    It's a beautiful thing.

    Now if I could get my luser friends to stop paying for warez by using Free Software, I'd be happy. Maybe I could make them pay for Free Software? :)

  40. Supermarket food-tastings by ribuck · · Score: 3, Insightful
    In other news, my local supermarket hosted a free food-tasting session.

    The Trading Standards Officer's reply was incredulous: "I can't believe you are giving away food for free. This makes it virtually impossible for the police, from a practical point of view, to catch and prosecute shoplifters."

  41. No CD's were actually confiscated! by GreedyCapitalist · · Score: 1

    No di..err, n/m

  42. RTFLA? by PFI_Optix · · Score: 1
    "If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation, as it is difficult for us to give general advice to businesses over what is/is not permitted."

    It's called reading the license agreement. If a product specifically states that copies of said product are free to be distributed, they're okay.

    She just wants the answer to be easier. She wants to say "No," and be done with it.

    --
    120 characters for a sig? That's bloody useless.
  43. The Onion is free AND $2.00 at the same time. by eMartin · · Score: 1

    I once had a homeless guy try to sell me a copy of The Onion for a dollar, and I replied "If you are going to charge me for a paper, at least pick one with a price tag" (The Onion is distributed for free around NYC). He smiled, and pointed to the $2.00 pricetag that I'd never even noticed before, and said he was giving me a discount.

    Sure, he's probably not alowed to sell it like that, but I gave him the dollar anyway.

    1. Re:The Onion is free AND $2.00 at the same time. by Anonymous Coward · · Score: 0

      HAHA I ran into that guy this morning on the F! Goddamn it.

  44. The real problem is by osgeek · · Score: 3, Funny

    Government official: Must... apply... thought... to... job..... Must... think... *ugh* outside... of... the... box... *gah*.

  45. Re:Slashdot: News for Nerds. Stuff that ... by Anonymous Coward · · Score: 0
  46. RMS will be delighted by 91degrees · · Score: 2, Informative

    Bet he wasn't expected Free software to have this direct an effect.

    1. Re:RMS will be delighted by Beren · · Score: 1

      On the contrary. I bet this is *exactly* what RMS intended. Ok, so not what he intended, but you bet he was aware of this scenario and deep down he was tickled pink(1).





      (1) Sorry for the mental image of someone tickling RMS...

  47. Misleading summary... by Bogtha · · Score: 1

    There's a shocker! From the article:

    They had encountered businesses which were selling copies of Firefox, and wanted to confirm that this was in violation of our licence agreements before taking action against them.

    Regardless of this one town official's attitude towards Free Software, the fact is that they checked their facts before they did anything. Not only that, but they were savvy enough to check this wasn't some random kook, unlike businesses as Internet-aware as Amazon, who have believed anybody who can register a plausible-sounding Hotmail account is a book author in the past.

    The headline reads "UK Government Confiscates Firefox CDs". No CDs were confiscated, this was just a lazy official who thinks telling people "all copying is bad" is easier than explaining the difference between good copying and bad copying.

    --
    Bogtha Bogtha Bogtha
  48. It's even better than that by Concern · · Score: 3, Insightful

    Because basically what is happening lately is the legal community is trying, for fun and profit, to use EULAs and licenses and things like UCITA, to make every transmission of information into a contract negotiation of unlimited dimensions.

    Imagine a "negotation" between, for instance, a team of 30 Sony corporate attorneys in New York, versus a 12 year old in Arkansas who just wants to listen to Eminem. One where the outcome is never recorded but always presumed. And now you see how absurd the legal fiction of the EULA really is.

    And here is our biggest gift ever. unintentionally, the government itself is admitting that it is "virtually impossible" to handle this situation.

    Everybody throw a party.

    This wild-west/mafia nonsense with "IP law" needs to stop, because it's hurting our economy and rendering us unable to compete effectively against countries with sane, normal laws.

    The GPL has been a wonderfully subversive attempt to fight the system within the system, but ultimately even the FSF will tell you that "the proliferation of licenses" is a problem. No fucking duh it's a "problem;" it plainly illustrates how completely fucking ridiculous, egotistical and largely futile the whole concept of a "license" is.

    The powers of copyright holders to make licenses need to be delineated; EULAs need to be explicitly outlawed. Types of copyright exercise should be explicitly codified (a "whitelist" of acceptable options): i.e. conventional, bsd, gpl, etc. Then things can begin to be sane. No more EULA fine print preventing "benchmarking" or "backups," or "disclaimers of fitness" for commercial products... and all such games. And don't even get me started on software patents, a concept so obviously corrupt and ridiculous that we are frankly a laughingstock for ever considering them, let alone occasionally honoring them...

    --
    Tired of Political Trolls? Opt Out!
    1. Re:It's even better than that by fossa · · Score: 5, Interesting

      I'm mostly in agreement with what you say, but I'd just like to clarify that there is a huge difference between licenses like BSD, GPL, etc. (free and open source software licenses) and the typical commercial EULA: the GPL need not be agreed to in order to use the software. At worst, you don't abide by the GPL and are bound by the copyright law of your land. If you do abide by the terms of the GPL, then you are granted permission to do things (probably) forbidden by copyright law such as copying and redistribution. The EULA on the other hand, attempts to force you (legally dubiously) to agree to it as a precondition to using the software. It attempts to impose restrictions over and above those imposed by copyright law. Like you, I find this practice heinous. A pack of lawyers vs. the average Joe who has already bought and paid for the software does not seem a fair negotiation.

      Two questions: When copyright expires on a piece of software, am I still bound by the EULA (assume for a moment that the EULA is a valid contract)? I suppose I could read the EULA to search for an expiration... And second, is there any commercially available proprietary software that does not include a EULA (other than the default copyright restrictions)? I think I would buy it just on principle.

    2. Re:It's even better than that by chrism2k · · Score: 4, Insightful

      In other news, government officials express concern that women having sex for free will make it "virtually impossible for us to enforce prostitution laws."

    3. Re:It's even better than that by grahamm · · Score: 1

      What it needs is for a government to make a law that a 'licence' is only allowed to permit activities which would otherwise not be allowed. That a licence is not allowed to remove rights which the licensee would have in the absence of the licence. So that the licence or conditions accompanying a copy of a copyright work may allow the owner (or recipient) of the copy to perform actions which would otherwise be reserved for the copyright owner, but may not restrict the rights given to the owner of the copy by copyright law.

    4. Re:It's even better than that by ajs318 · · Score: 2, Interesting
      Two questions: When copyright expires on a piece of software, am I still bound by the EULA (assume for a moment that the EULA is a valid contract)? I suppose I could read the EULA to search for an expiration... And second, is there any commercially available proprietary software that does not include a EULA (other than the default copyright restrictions)?
      First of all, the Law of the Land gives you rights that nothing can take away. If the EULA does not contain words to the effect of "Your statutory rights are not affected", then it may well be null and void. However, if it contains a severability clause {or if you live in a jurisdiction where all contracts are deemed to be severable} then such portions of the licence agreement as do not conflict with your statutory rights may still be applicable. Any provision which does conflict with your statutory rights is null and void.

      Your statutory rights under the "fair dealing" or "fair use" provision of copyright law include the right to make a copy of a computer program in the memory of a computer as a necessary step in using the program, and the right to conduct reverse engineering for private study or research {which includes morbid curiosity}. You may be bound to secrecy in what you discover. Reverse engineering for the purpose of developing compatible or interoperable software {which implies that you are going to disclose results} is also permitted as a "reasonable force" measure if the vendor is unwilling to supply you with requested documentation. If you have to break encryption as part of your efforts, it is a defence that the encrypted information was meant for you.

      When copyright expires and the software enters the Public Domain, you will not need a licence to do anything which was formerly forbidden by copyright law; the Law of the Land will give you the necessary permission.

      As for proprietary software which does not come with an EULA, I don't know of any. The nearest thing might be DJB's "licence free" software, see here for more info.
      --
      Je fume. Tu fumes. Nous fûmes!
    5. Re:It's even better than that by imikem · · Score: 0

      Last I checked, copyrights had been extended, at least here in the U.S. of A., long enough as to make any question regarding what happens to computer software when copyright expires quite a moot issue. If our government somehow grew a spine and refused at last to extend them any further than has happened already (off I go into fantasyland), my grandchildren might ask those questions. As it is now, fuhgeddabowdit.

      As many have stated, these effectively infinite copyright grants are becoming a huge problem and affecting our ability to innovate and compete in the world economy. The holders have been very well compensated, it's long past time to let things pass into the public domain.

      --
      Perscriptio in manibus tabellariorum est.
    6. Re:It's even better than that by LoveMe2Times · · Score: 1

      Your statutory rights under the "fair dealing" or "fair use" provision of copyright law include the right to make a copy of a computer program in the memory of a computer as a necessary step in using the program



      I'm not sure what jurisdiction you are posting from, however, the validity of EULAs is entirely based on this not being true. If you do not agree to the EULA and run the program anyway, theoretically they come after you for copyright infringement for running the program. Otherwise EULAs would have no teeth, as nobody would ever need agree to it and we'd have a plethora of legally tight ways of disagreeing to the EULA and still running the program.

      However, what's more interesting is that contract law allows you to alter a proposed contract, sign it, and give the altered version to the other party for signing. If they do, your alterations stick. This is significant in employment contracts--striking out sections you don't like and initialing it before you sign will stick if your employer signs it (if they don't make a habit of reading contracts before signing them, they may be in for a surprise though). Since a EULA is a proposed contract and there's no signature from the other party on it yet, you could theoretically alter it, sign it, and print it up. Send it in an envelope back to the legal department of the company, and have as the first line in your altered contract, "By openening this envelope, you agree to the following terms and conditions: ..." Et voila, mon ami :)
    7. Re:It's even better than that by mengel · · Score: 1
      Um, that sort of assumes that EULA's have any validity, which I don't think is a given here.

      Secondarily, actually having an employment contract that your employer signs is pretty rare in the US, as opposed to the UK. But you can of course still line out anything that you don't like in any piece of paper that they *do* want you to sign, or just not sign it and drop it into the pile with the rest. Since they don't sign it after you do, very often nobody actually checks.

      --
      - "History shows again and again how nature points out the folly of men" -- Blue Oyster Cult, 'Godzilla'
    8. Re:It's even better than that by killjoe · · Score: 1

      The polifiration of licenses is due to the open source movement, not the free software movement. The FSF prefers that you use the GPL or the LGPL. The open source movement created or approved all the other licenses as an appeasement to various businesses who didn't want to comply with the terms of the GPL or the LGPL.

      --
      evil is as evil does
    9. Re:It's even better than that by karmatic · · Score: 1

      Nice to see someone that hates EULAs nearly as much as me :)

      I'm on a team that does a little media player (TCPMP), and we're building a commercial version of the player to go along with our Free (in price and freedom) player. My contribution to the EULA:

      TCPMP is distributed without a license. Purchasing this software has given you the right to run it; no "permission" from us is needed.
      Note: The above statement does not mean you can do anything you want with this software; Copyright law typically prohibits the making and distribution of copies without the authorization of the copyright holder.


      True, easy to understand, and no scary "we own your soul" type stuff. We're not even going to cripple the GPL version to go commercial, either. It's almost enough to make me wonder if we're a real software company, after all. :)

    10. Re:It's even better than that by TheCarp · · Score: 1

      Yes except that um... "purchasing this software has given you the right to run it"

      Actually, from my understanding of the law, which may be faulty... simply posessing it gives you that right. Whether or not you even obtained it legally isn't even part of the equasion... because copyright ONLY covers (this may have changed with the DMCA et al) distribution. Once its in your private hands, legally obtained or not, there is no law that applies to what you do with it (unless, of course, the use you have is illegal... like using it to break into someones computer etc)

      Of course your wording doesn't exactly contradict any of that, just that its more specific than it really needs to be. It wasn't the purchase that conveys that right, simply the posession.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    11. Re:It's even better than that by Fulcrum+of+Evil · · Score: 1

      This is significant in employment contracts--striking out sections you don't like and initialing it before you sign will stick if your employer signs it (if they don't make a habit of reading contracts before signing them, they may be in for a surprise though

      I doubt it. All that I've read says that your changes must be accepted, and this is often done by counter-initialing or reprinting the contract with the changes added.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    12. Re:It's even better than that by karmatic · · Score: 1

      There is a legal thoery (similar to the original EULA theory) that goes as follows:

      When you run and install a program, you make copies in RAM and on the hard disk. This requires a license from the copyright holder. A license grant from the seller can reasonably be implied from the purchase, as selling unusable copies doesn't make a whole lot of sense.

      In the United States, USC Title 17, Chapter 1, 117 makes specific exceptions for copies needed to run or install a program (this really hurts the case for the need for EULAs); however, the exemption only applies to "the owner of a copy of a computer program".

      Now, companies make the case that it is not, in fact, a sale, but rather simply a license. This is the same argument that was used in Adobe vs. Softman, and was rejected.

      So, through the wonders of copyright law, it is in fact the purchase of the software that grants you the right to use it (or, more specifically, prevents copyright law from taking away your right to do with your own posessions as you see fit).

    13. Re:It's even better than that by Pofy · · Score: 1

      >I'm not sure what jurisdiction you are posting from, however, the
      >validity of EULAs is entirely based on this not being true. If you do
      >not agree to the EULA and run the program anyway, theoretically they
      >come after you for copyright infringement for running the program.

      How would it be copyright infringement to run a program? It is generally not and that is one of the problems with EULAs. They really have nothing to do with copyright but are more a contract (or contract addition) to the sale, although since they are not between you and the seller, they really ends up in a mess.

      So why do they not have (almost) anything to do with copyright? Well, simply running or using something is not a right of the copyright holder, and if we take books or music, neither is reading or listening, hence you don't need any license or permission to do so. What complicate matters some with software is that normal use and running or even installing software tends to create new copies. Are they infringeing? That would be the ONLY reason you would actually need a permision or alicense. The good thing is that in most countries, such copies are not infringement and hence no need, from a copyright point of view, for a license.

      Typically copyright law would, for software, permit any such copies needed to run and use the program making them not infringing, as long as the original copy of the software is quired in a legal way. That can be either buying it, lending it, recieveiung it as a gift and whatever else you can think of. Basically, as long as you don't get your copy in an infringing way yourself, you are safe and are allowed to make additional copies needed to use it.

      >Otherwise EULAs would have no teeth, as nobody would ever need agree to
      >it and we'd have a plethora of legally tight ways of disagreeing to the
      >EULA and still running the program.

      Exactly. Obviously software makes wants you to believe differently though.

    14. Re:It's even better than that by Pofy · · Score: 1

      >I doubt it. All that I've read says that your changes must be accepted,
      >and this is often done by counter-initialing or reprinting the contract
      >with the changes added.

      Considering they usually want you to accept THEIR proposal just by opeing the package, installing the softwware or even just running the software, I don't see the problem, are you saying that it works for them but not for anyone else?

    15. Re:It's even better than that by Pofy · · Score: 1

      I suppose it is a matter of knowing how the law and lawmakers interpret and what they meant with "owner" then. Might very well be that one should read it as "legally in possession" for example. Sometimes it can be very dangerous to simply interpret laws usaing a simple dictionary. I really have no idea though.

      Other countries has it differently though, if you look at Swedish copyright law (which in this case is derived from a EU directive I believe) uses something along th eline of "right ot use the program" which, should be read and interpreted such as, has come into posession of a copy in a non infringing way. He does thus not nessecarilly have to be the owner of the copy.

    16. Re:It's even better than that by ajs318 · · Score: 1
      I'm not sure what jurisdiction you are posting from,
      Why? Does my e-mail address not show up in your browser, or something? however, the validity of EULAs is entirely based on [running a program being Fair Dealing] not being true. If you do not agree to the EULA and run the program anyway, theoretically they come after you for copyright infringement for running the program.
      No they can't. If you don't accept the permissions {above and beyond your statutory rights} granted by the EULA then you aren't bound by the restrictions {which do not affect your statutory rights and are void if they claim to do so}. Running a program is Fair Dealing in the eyes of the law, so you have not committed copyright infringement.

      A licence which says something like "You may make and distribute copies of this program if and only if you include this licence, the full buildable source code and details of any changes you may have made, with every copy" is giving you permission above and beyond your statutory rights; and is likely to be considered legally valid. A licence which says something like "You may not make copies of this program at all" is seeking to diminish your statutory rights {since there are many ways you could make a copy and be covered by the Fair Dealing exemption} and thus would not be valid in the eyes of the law.
      Otherwise EULAs would have no teeth, as nobody would ever need agree to it and we'd have a plethora of legally tight ways of disagreeing to the EULA and still running the program.
      Study your statutory rights carefully, then strike out any terms of an EULA which conflict with them {all if there is no severability clause and local law does not deem all contracts automatically severable}. Whatever remains may well fail the tests of reciprocity and mutual right to remedy, and so not constitute a legally valid contract.

      To the best of my knowledge, there has not been a proper test case so far in which the respondent was exercising a statutory right which the plaintiff sought to deny them. Under a fair legal system {losing party pays both sides' costs, no money changes hands before verdict is given} such a case would be a no-brainer. The illegal enforcement of EULAs relies on corrupt legal systems where costs have to be met up-front; under such a system, the party with more money can always win by making it too expensive for the other to continue with the process.
      --
      Je fume. Tu fumes. Nous fûmes!
    17. Re:It's even better than that by TheCarp · · Score: 1

      One would wonder if this is even needed.

      Its obvious from before the point of sale that thats the only way that software can be used, and is its intended purpose... so there is already, from the very fact that its labeled and sold as software, an implied licence for exactly that.

      One might argue that putting the EULA in makes that explicit, and thus should be able to dictate terms, but since the EULA is often not even visable until AFTER one has made the purchase (and thus entered into the implied agreement), so the EULA would be an attempt to unilatterally change a made agreement after the fact.

      Even without that argument (being all it is, an argument that I just made up), I would even argue that fair use doctrine covers this, making a copy for personal use, never to distribute. The courts have ruled several times in favor of similar types of copying (the "time shifting" ruling isn't too far off, i don't think)

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    18. Re:It's even better than that by Fulcrum+of+Evil · · Score: 1

      Considering they usually want you to accept THEIR proposal just by opeing the package, installing the softwware or even just running the software, I don't see the problem, are you saying that it works for them but not for anyone else?

      Sorry, I was talking about contracts, not EULAs.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    19. Re:It's even better than that by mpe · · Score: 1

      I'm not sure what jurisdiction you are posting from, however, the validity of EULAs is entirely based on this not being true. If you do not agree to the EULA and run the program anyway, theoretically they come after you for copyright infringement for running the program. Otherwise EULAs would have no teeth, as nobody would ever need agree to it and we'd have a plethora of legally tight ways of disagreeing to the EULA and still running the program.

      The question of the legal enforcability of EULAs is ambiguious enough to get people trying to pass laws to explicitally give them legal standing...

    20. Re:It's even better than that by mpe · · Score: 1

      There is a legal thoery (similar to the original EULA theory) that goes as follows:
      When you run and install a program, you make copies in RAM and on the hard disk. This requires a license from the copyright holder.


      If you tried to make a similar argument about reading a book or playing an audio recording nobody would take you seriously.
      However the idea has started to creep into video recordings because it has been accepted as applicable to software.

      A license grant from the seller can reasonably be implied from the purchase, as selling unusable copies doesn't make a whole lot of sense.

      There is no requirement for laws to make sense however :)

    21. Re:It's even better than that by TheCarp · · Score: 1

      However, it MAY be diferent, but in related issues...

      There was an mp3 distribution case a few years ago that I was reading an article on. It was RIAA vs some dude who ran morpheus I think, one of those p2p programs anyway.

      One o fthe interesting things in the article is that they mentioned that both sides agreed on one thing. The case was solely about distribution. They both agreed that the "fair use" right to actually load the mp3 into a player and listen to it was held by the plaintif... EVEN IF the mp3s were not obtained legally.

      The law says "owner of a copy", and a copy is a copy even if illegally made. It wouldn't be a violation of copyright law to make it if it were otherwise.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    22. Re:It's even better than that by TheCarp · · Score: 1

      > There is no requirement for laws to make sense however :)

      Yes, but the law doesn't say that. He said you could make a case for implied license or an implied contract. Implied contract may be rare and somewhat interesting to make a case for in court, however, I think this is a strong case for one.

      Afterall, its obvious just from how computers work, which both the purchaser and the seller obviously know (as one would have no need to buy and the other no ability to produce and sell without some level of such knowledge... even if that knowledge is limited to "I put the disk in the drive and click the button"), that anyone buying this is buying it explicitly for the purpose of running it in a computer.

      Thus, if the absurd did happen and a company did sue on the grounds of such a copy being made, then the defendant could probably successfully argue that the obvious knowledge of how software and computers works, which was posessed by both parties at the time of sale, constituted an implied agreement to allow such a copies. (if the seller didn't want these copies to be made, he could have refused to make the sale afterall)

      Its basically a collorary in the other dirction of the idea that if you sell a product with knowledge that the purchaser intends to use it to commit a crime, then you are also guilty.

      Your knowledge of his intent, gives you the ability, and in the case of a crime, the duty, to use that knowledge in your decision making. If you sell a gun to a man who says he is going to kill his wife, then you are an accomplice to murder, simply by selling it. If you sell software, you know its being purchased with the intent to be loaded into a PC, you are agreeing to allow it to be loaded into a PC simply by selling it.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    23. Re:It's even better than that by Pofy · · Score: 1

      >Sorry, I was talking about contracts, not EULAs.

      Me too!

  49. I find it problematic... by jerryodom · · Score: 1

    That a person like this Trading Standards official in question is put in a position to make decisions and communicate with IT companies such as Mozilla. You would think that they'd at least hire people with some knowledge on the subject or have their people educated on the subject? Perhaps they should make reading Slashdot.org for a half hour daily mandatory for all employees?

    --
    For some reason I refuse to use either spell check or the spacebar properly.
  50. New Python Skit? by kmahan · · Score: 1

    When I first read the article I thought this was a new Python Skit. It sure seems like it. A few tweaks and it would probably be appropriate. Obviously the skit would take things to the logical conclusion of destroying civilization.

    --
    Invalid Checksum. Retrying.
    1. Re:New Python Skit? by Anonymous Coward · · Score: 0

      OK - in the style of Monty Python:

      Customer: Hello, I'd like to buy a Firefox license please.
      Shopkeeper: What?
      Customer: A license. To use Firefox.
      Shopkeeper: You don't need to buy one.
      Customer: Yes I do. Can't be caught out there.
      Shopkeeper: I'm telling you, you don't need to buy one. It's free.
      Customer: Yes I bleeding well do. I've bought a license to use Gimp. I need to buy one to use Firefox.
      Shopkeeper: What? What Gimp license?
      Customer: Look - here it is.
      Shopkeeper: That's a Microsoft Office license with Office crossed out and Gimp written in crayon.
      Customer: The man didn't have the right forms.
      Shopkeeper: What man?
      Customer: The man from Fiyrefox Sales.
      Shopkeeper: Fiyrefox?
      Customer: It was written like that on the van. I'm very observant.

      and so forth..........

  51. Re:Slashdot: News for Nerds. Stuff that ... by Anonymous Coward · · Score: 0

    Why? So we can all fit in with the intelligentsia who hang out on Digg?

  52. So what by FishandChips · · Score: 1

    A few things. First off, we aren't told whether the outfit selling the Firefox disks was kosher or whether the disks had come to light as a result of the outfit getting into trouble for genuine offences, in which case Trading Standards would have been remiss not to have followed by all the leads. Second, the lady from Trading Standards had the decency to call and was prepared to listen. In my experience, many branches of government never do either.

    Finally, it's rather narrow-minded saying that Trading Standards should have sorted it out themselves by reading the licence. Software licences are a complete maze and open source ones are a maze inside a maze. Even if you're up with the industry it's hard enough to figure them all out and keep track of them. What this probably suggests is that to anyone who isn't a geek open source licences are no different from proprietory ones. Both are incomprehensible, and most folks get a queasy, bad-news feeling at the sight of any kind of legal document.

    At least Mr Markham was kinder to the lady from TS than a lot of Slashdot readers would have been. Perhaps some open source gurus could take time off from jetting around the world fulminating against DRM and conduct a few seminars for government agencies to explain exactly what open source licensing means.

    --
    Las qué passoun
    tournoun pas maï
    1. Re:So what by fishbowl · · Score: 1

      >Software licences are a complete maze and open source ones are a maze inside a maze.

      Open source licences are a pleasant, straight walk. Interpreting copyright laws may be difficult in the UK, but reading and understanding a license such as the GPL or the MPL. The idea that this kind of language is inaccessible to ordinary people and can only be understood by lawyers is actually abnegation of the idea that individuals can and should take personal responsibility for their rights.

      Forbidding transfer of copyrighted works where licence is granted, is no less a copyright infringement than is distributing copyrighted works to which all rights are reserved.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:So what by FishandChips · · Score: 1

      The idea that we should all be expected to understand the finer points of open source software licensing strkes me as rather optimistic. Most folks have to concentrate on trifles like how to pay the bills and bring up a family.

      --
      Las qué passoun
      tournoun pas maï
  53. Based on a report? by Malc · · Score: 1

    The question is: how come the Trading Standards Office was looking at this? Did they do it through their own normal processes, or was it based on a complaint? If the latter, then somebody wasted tax payer's money. And why would they do such a thing?

    1. Re:Based on a report? by Anonymous Coward · · Score: 0

      They occasionally raid car boot sales looking for people selling counterfeit goods, including designer-label clothes, perfume, software etc. A car boot sale is an event organised in a field on the edge of town somewhere. The sellers turn up early with a car full of stuff and pay for a pitch. Lots of people come along, pay a nominal fee for entry and wander round looking for bargains. Lots of second-hand baby clothes, toys, plants etc, local shops selling stock, and I guess occasional burglars or counterfeiters selling things no questions asked.

  54. So... by Kjella · · Score: 1

    ...because I borrowed away my car, the police are unable to enforce laws on car theft? Or because I let people punch me in a boxing ring, we can't enforce laws on violent assault? It's hilariously absurd, are they decendants of Monthy Phyton? Or I could give them the benefit of the doubt and believe they meant to say "If the Mozilla foundation let people sell copies of their software, we're not going to be able to enforce the Mozilla Foundation's copyright. Which is sort of the point of the copyleft licenses. Also, I think all Linux distributors should look out for British police...

    --
    Live today, because you never know what tomorrow brings
  55. *AA thinking is catcing on (even in Europe!) by dodongo · · Score: 1

    This is so abysmal, as it really shows how strong a hold the "anytime you copy anything, you're stealing" redefinition of fair use by entertainment industries has.

  56. That's unfortunate by 77Punker · · Score: 1

    It's really quite unfortunate that here in the USA, the land of the free, presumably decent and intelligent citizens such as your self have to say things like "probably not allowed to do that". It's a real shame when the laws are becoming so complex and burdensome that many normal citizens are unsure of what is legal and what is not.

  57. Re:Good Lord! by codegen · · Score: 1
    What happens to me if I sign over my car to my GF and date the title on a Sunday?

    Simple: you soon have a new girlfriend named Bubba


    --
    Atlas stands on the earth and carries the celestial sphere on his shoulders.
  58. Re:What's a sig? by Anonymous Coward · · Score: 0

    Sig=signature If someone has a sig you'll see it under their post If you want a sig, get a profile

  59. Quit the jokes allready, folks. by Qbertino · · Score: 1

    Haven't we all thought this at a point? If you hear about FOSS and it's concept for the first time it's totally normal to ask "But then I have to give my software away that I build with these tools/for this OS?".
    Grapsing all the details about GPL and Co. takes a little insight into the fine details of the rule. More often than not do people here on slashdot mix it up themselves.

    Cut the guy's some slack. After all, they noticed it before the took any action. And it's good to see officials taking care. They should be thanked for looking into the matter imediately.

    --
    We suffer more in our imagination than in reality. - Seneca
  60. Digital signatures can prove your identity by hodet · · Score: 1

    Couldn't you just use digital signatures to prove your identity? Sounds better then just saying "Well I received your email didn't I?"

    1. Re:Digital signatures can prove your identity by duffolonious · · Score: 1

      Not in the manner she was asking for. Digital sigs - like openpgp - prove that the person who sent someone an email is me, and not someone else. But that doesn't prove who *I* am - just that the email is mine. Now, with that out of the way: would you like to buy some bananas?

    2. Re:Digital signatures can prove your identity by hodet · · Score: 1

      Yes I see what you are saying, thanks. What more could he do though? If he is using his private key to sign it and his key is signed from a trusted source that should be good, shouldn't it? She brought the whole thing up so the onus would really be on her to check it out. She is the one, after all, that came to the defense of the Firefox teams IP rights, however misguided she was. As for the bananas I already have high potassium so I will have to pass. :-) cheers

    3. Re:Digital signatures can prove your identity by duffolonious · · Score: 1

      Hmmm... you know in all seriousness, I'm not sure of a good way to make sure he's the guy. I would just attempt to contact someone else in the mozilla foundation and ask. Is that a silly idea? Heh, probably.

  61. Finally, PROOF! by mattmacf · · Score: 1

    ...that nobody ever reads the EULA. Hell, maybe this is that long awaited precedent saying theyre not legally binding ;)

    --
    I only mod funny =D
  62. I'm relieved... by Anonymous Coward · · Score: 0

    It's good to know that we in the US have no monopoly on stupid bureaucrats.

  63. Paradox days by Devir · · Score: 2, Funny

    first we get a computer that runs without running, now we get people selling free software, for money.

  64. Slackware/RedHat, same principle by Sierpinski · · Score: 1

    I can download the latest release of Slackware from Slackware.org for absolutely no cost (beyond normal ISP costs, etc) yet I can stroll into Microcenter and find a CD set of Slackware, (usually 1-2 versions behind) for anywhere from $10 to $20. This is the same principle. I'd be paying Microcenter (who in turn would pay Walnut Creek CDRom, the publisher) for the actual media, the label, the packaging (CD Case) and the nice little paper insert. It is a convienence charge, as well as an option for people who don't have the ability to burn their own CDs. Granted burning a CD isn't required for Firefox, but in general it's the same principle.

    You could do the same with RedHat a while back. You purchase their 'box' for $80 or so, and you get the media, manuals, a subscription to the RedHat Network update site (think Windows Update) and most importantly to my manager at the time, customer support. I could personally get on their site and download the ISOs for free, and download all the RPM updates for free, yet I just had to download and install them manually. Its a convienence charge.

  65. Re:What the ...? What kind of logic is he using?!! by Kredal · · Score: 1

    The logic he's using actually makes some sort of sense.

    He comes upon two street vendors, and checks out what they're selling. Both are selling burned CDs with bubblejet printed labels in plain black jewel cases. One person is selling Windows XP Pro Corp for 10 dollars a copy. The other person is selling RedHat Linux for 10 dollars a copy. He knows that both are operating systems, and therefore they should cost way more than 10 dollars. Therefore, in his mind, both people are pirating software, and should be taken to jail.

    How is a random Joe supposed to tell the difference between "legal" software selling, and "illegal" software selling? Unless he knows all about OSS, what software falls under it, and the terms of the GPL, he's going to want to arrest everyone selling homemade CDs on the street.

    Can you blame him?

    --
    Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
  66. Title correction. by shippo · · Score: 1

    Trading Standards departments do no work for the UK Government per-se, but for the Local Authority such as a County or Borough Council.

  67. Licenses are NOT the problem... by CarpetShark · · Score: 4, Insightful

    The problem here is NOT that they misunderstand free software licenses. It's that they don't understand COPYRIGHT. Companies with proprietary licenses have been selling this piracy thing so much that they've convinced everyone that copyright infringement always happens when software is copied. The fact is, copyright licenses can say almost ANYTHING. It's not the government's place to sell one specific (and incorrect) interpretation of what copyright is. uk.gov needs to completely rethink this.

    1. Re:Licenses are NOT the problem... by f1rb · · Score: 3, Interesting

      On a similar tack, there's a lot of hype about "downloading music is illegal", which ends up tarring every provider/downloader with the same brush. What they probably mean is "downloading (our) music (without paying for it) is (a breach of copyright)", but that's not as catchy. I could imagine that the T.S. officer was susceptible to this if-it's-copied-it-must-be-illegal argument, which is probably just how the large software and music companies like it.

      --
      "There is nothing so simple that works so well that it can't be made to work better by making it more complicated" - ?
  68. How many trading standards officers in town? by slushbat · · Score: 2, Insightful

    Not a huge department I'd guess, maybe 4 or 5 people if that. I think it's outrageous that they are not all experts in software licensing issues. How dare they check back with the originator of the material to find out what the score is. On the whole it sounds like she dealt with this in a very professional and sensible manner.

    --

    Don't put off until tomorrow what you can leave until the day after.

  69. OT, I know... by Karl+Cocknozzle · · Score: 1

    ...but I love the British. His dry comment that "Mozilla authorizing this distribution makes it quite impossible to enforce piracy laws" is straight out of Monty Python. "We can't very well just have people giving these things away--makes piracy obsolete then doesn't it? Then where would we piracy coppers be?"

    Hilarious!

    Next, they'll be arresting the makers of terrible films on the gruonds that this reduces piracy by demotivating people to watch films... "Can't have you making this tripe--we need high-quality pictures for the pirates to pirate, so we can put a stop to it by arresting them!"

    This is also why many Police Officers might personally believe in decriminalizing marijuana in the US, but their unions all give heavily to preventing that from ever happening: Because if there wasn't a huge underground economy thriving around marijuana, there'd be no need for the marijuana enforcement squad, would there? This would mean fewer Police Officers, thus fewer union members paying dues from salaries.

    --
    Who did what now?
    1. Re:OT, I know... by niall2 · · Score: 1

      Its a fair cop, but society is to blame.

      --
      Today is a gift. Save the receipt.
    2. Re:OT, I know... by Steve+B · · Score: 1
      This is also why many Police Officers might personally believe in decriminalizing marijuana in the US, but their unions all give heavily to preventing that from ever happening: Because if there wasn't a huge underground economy thriving around marijuana, there'd be no need for the marijuana enforcement squad, would there? This would mean fewer Police Officers, thus fewer union members paying dues from salaries.

      Also, the remaining officers would have to spend a greater fraction of their work time chasing real criminals, which is too much like work.

      --
      /. If the government wants us to respect the law, it should set a better example.
    3. Re:OT, I know... by sepluv · · Score: 1
      BTW, the officer was female and worked for trading standards (part of the local authority) as opposed to the police.

      Also, I'm not in the US, but, if you are interested in police involvement in drug traffciking in the US, there is an ex-CIA agent called Mike Ruppert who reckons the CIA are heavily involved in drug trafficking. He has some good videos on Google Video and a website. Not sure if he is just a conspiracy theorists, but I looked up some of his references and they seem genuine.

      --
      Joe Llywelyn Griffith Blakesley
      [This post is in the public domain (copyright-free) unless otherwise stated]
  70. Re: Quote Made Up by Anonymous Coward · · Score: 0

    If the quote is made up, it's not a quote now is it? ;-)

  71. Or to put it another way... by kieran · · Score: 1

    "If you refuse to sh*t out your elbows we're going to have to learn to tell the difference".

  72. Re:Slashdot: News for Nerds. Stuff that ... by meringuoid · · Score: 4, Insightful
    Digg had yesterday. Folks, you really need to sharpen up a bit.

    Slashdot is not about, and as long as I've been here never has been about, having the news first. Every story is a link to somewhere else - frequently the NYT, the Guardian, the BBC, Groklaw, the New Scientist or some guy's blog. Usually we've heard the news somewhere else before it hits Slashdot. Hell, most of us don't even bother reading the article; we read the summary and go 'Oh yeah, that - I heard that on [Site X]'.

    What keeps us coming here is the discussion. Plagued though it is with trolls, and clueless though the typical moderators are, /.'s system nevertheless manages to disappear the most egregious flamers and pick out the worthwhile posts. And in any long /. discussion there are going to be a dozen or so clueful posters, and one or two experts in the field, giving much more in-depth analysis of the issue than you'll get from mainstream journalism.

    If I read a story about something interesting on, say, the BBC's technology pages, I know it'll probably hit /. in a few hours, or at worst a couple of days, and once it does there'll be Interesting Discussion.

    --
    Real Daleks don't climb stairs - they level the building.
  73. This kind of logic... by Otto · · Score: 5, Insightful
    If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation.


    This is one of the most asinine things I've heard in a long time! Just because one piece of software says that it can be distributed even though it's free does not mean that suddenly anti-piracy legislation is unenforceable!

    I don't disagree with you that it's asinine, but you have to understand it from their point of view.

    The word is coming down from on high to start policing copyright infringement, because some politicians are getting paid by the RIAA (or the UK equivalent). So government kicks into action to try to police that sort of thing. They encounter somebody burning copies of software and selling those. This is an instant red flag to them. Then they come to find out that not only is it totally legit, but actually encouraged.

    In their mind, this makes the main thing they're looking for suddenly not always illegal. They don't know the license on each and every piece of software or other copyrighted material. They are looking to do their job in the easiest way possible. They were thinking somebody selling burned CD's = illegal. They were operating on that assumption. Now they are told that they must actually verify what's on those CD's and the licensing terms.

    The "virtually unenforcable" is the giveaway line here. It's still perfectly enforcable, this woman just found out that it's not easy to enforce. They could see two people selling burned CD's, and one of them is legal while the other is not. The actions, on the surface, are identical, now they actually have to do work to determine legality.

    It's a simple failure of comprehension of the task that they have been asked to do. They thought it was simple, but it's not, and they're understandably in shock at that fact. Okay, you and me understand copyright, and we knew this from the beginning, but this person clearly didn't. That is the disturbing part, and shows that the message being put forth by the RIAA is taking greater hold. Violating copyright is indeed illegal, but what constitutes that violation is more complex than simply burning CD's and selling (or giving) them to other people. The message they're pushing is that it's always wrong, and that message is getting through.
    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    1. Re:This kind of logic... by WidescreenFreak · · Score: 2, Insightful

      It's a simple failure of comprehension of the task that they have been asked to do. They thought it was simple, but it's not, and they're understandably in shock at that fact. Okay, you and me understand copyright, and we knew this from the beginning, but this person clearly didn't. That is the disturbing part, and shows that the message being put forth by the RIAA is taking greater hold. Violating copyright is indeed illegal, but what constitutes that violation is more complex than simply burning CD's and selling (or giving) them to other people. The message they're pushing is that it's always wrong, and that message is getting through.

      I alluded to this in a previous reply, but it deserves another post. :)

      This is nothing more than the reversal of the "I didn't know it was illegal" exucse that some people try to get away with. We're expected to know the law and ignorance is not an excuse. The same should be applied to our police officers. "We didn't know it was legal" should not be an excuse.

      Consider this also. Many police departments assign policement based on their specialties. For example, they're not about to send an officer with no drug enforcement experience or training to go on a major drug bust. The same should happen with copyright. Find those officers that are computer-saavy and make sure that they're called in when a potential copyright issue comes about so that they can adequately determine if there is indeed a copyright issue. If there are no officers with that knowledge, train them! Bring in a knowledgeable computer consultant to train them on how to spot legal as well as illegal software and teach them about the various types of free software that are legal. Sure, they can't be expected to memorize the Sourceforge database, but teach them the most popular names and why it's legal to sell copies.

      Ignorance of the FOSS is no excuse. :)

      --
      The Overrated mod is for reversing inappropriate, positive mods, not for voicing disagreement with a post.
    2. Re:This kind of logic... by Otto · · Score: 2, Informative

      Well, I would argue that they shouldn't be enforcing this sort of thing in the first place, but if they're going to be expected to enforce it, then yes, I agree that they need training and such on enforcing it properly.

      --
      - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
    3. Re:This kind of logic... by Cyno · · Score: 1

      I was 19 years old when I first read the GPL and understood it.

      Is copyright law and a written license agreement too complex for law enforcement to comprehend? If law enforcement can't understand the law what business do they have enforcing it?

      I'm a computer scientist, and a pothead, and I know more about copyright than these morons.

      I suggest, if they don't understand copyright, we bust out the bong and get them hella baked, cuz they ain't good for much else.

    4. Re:This kind of logic... by Shishberg · · Score: 1

      The thing that makes this truly bizarre, though, is that she quite readily blamed Mozilla for this. The fact that the copyright holder has every right to give it away for free doesn't even seem to register a blip here, even if that was a completely new piece of information for her.

      All she seemed to be concerned about is the fact that Mozilla, by stepping out of line from what normal copyright holders do, has made their job more difficult. There's even the implication there that they should stop it and let her get on with her job. Although that may just be me misinterpreting the tone of 50% of emails.

      Sure, she was in shock, and she hit out at the first available target. I get that. I just expect more from law enforcement.

  74. Re:What the ...? What kind of logic is he using?!! by WidescreenFreak · · Score: 1

    But that's irrelevant. Just because he doesn't know that one is legal doesn't mean that he can't enforce the law on what's illegal. If that person can produce documentation, such as the EULA, that clearly states that selling a piece of software is legal, then he is exonerated from prosecution for selling that software only.

    If someone is selling legal copies of software A and selling illegal copies of software B, then he can still be prosecuted for selling software B. The statement that I'm talking about makes it seem as though any legal selling automatically nullifies prosecutorial action for selling software illegally at the same time, which is ludicrous.

    This sounds a lot like the "I didn't know it was illegal" excuse except from the policeman's point of view -- "I didn't know it was legal." The citizens are expected to know what's legal and what's not. There is no reason to not expect the same from our law enforcement officers.

    --
    The Overrated mod is for reversing inappropriate, positive mods, not for voicing disagreement with a post.
  75. Something needs to be done! by Jugalator · · Score: 1

    In a world where both types of software exist, greater discernment is required on the part of the enforcers. I hope this is the beginning of the end of any automatic assumption that sharing software with your neighbour must be a crime.

    Yes, something really needs to be done here to reduce the confusion!

    We must expand on current Free vs free terminology for this:
    - Free = Libre (free to spread)
    - free = Gratis (free to aquire)
    - Freee = Commercial (free to charge for)

    --
    Beware: In C++, your friends can see your privates!
  76. Overly harsh my ass by flyinwhitey · · Score: 2, Insightful

    "Don't be overly harsh."

    I'll be as harsh as I damned well please. If your JOB is to enforce the law, and you don't even bother to TRY and understand it, you deserve everything you get.

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:Overly harsh my ass by mausmalone · · Score: 1

      It's one thing to understand and enforce the law. It's another thing entirely to expect a group of police officers know exactly what the terms of every piece of software's EULA are.

      If you'll recall, many people replying to the article (tech-savvy knolwedgeable slashdot readers) had to be informed that Firefox is not covered by GPL, and its licensing agreement allows for people to sell it.

      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
  77. Whaaa?? by Anonymous Coward · · Score: 0

    > ... expressed disbelief that Free Software could be sold

    People put tap water in a bottle and sell it for 2 pounds. Does he not know that people sell things with a price markup?

    > 'If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation'.

    Whaaa? That's a non-sequitur. Let's strip that down: "If X is for sale, then it's impossible to enforce piracy against X."

    At this point, I have to ask, seriously: is he retarded?

  78. Re:What the ...? What kind of logic is he using?!! by ivan256 · · Score: 1

    Can you blame him?

    Yes. Why? Because this assumption is wrong:

    He knows that both are operating systems, and therefore they should cost way more than 10 dollars. Therefore, in his mind, both people are pirating software

    Also, because rather than treat copyright infringement as a violent crime subject to immediate arrest, a proper investigation should be undertaken to make sure a law is being broken before an arrest is made. These aren't violent crimes, so there is no urgent need to get a guy selling CDs off the street. Take a few minutes/hours/days to do some research and make sure a law is actually being broken before you arrest somebody.

    If they don't do this, then everybody who is falsely arrested should file suit against said enforcement agency until they get the point and start doing their job properly and in the best interests of the citizens.

  79. " UK Government Confiscates Firefox CDs"?! by Anonymous Coward · · Score: 0

    Zonk, READ THE FUCKING ARTICLE. No CDs were taken, period.

  80. Douglas Adams would Love it ! by Aqua04 · · Score: 1
    This is straight out of a Douglas Adams game, because its such a dumb, bueraucratic excuse that tries to desperately hide the fact that the guy had no clue about the existence of free software licenses. That lack of knowledge alone is damning for a trade minister. Consider what he said :

    'If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation'

    Right. First, practically speaking, you should be able to differentiate between the most popular pieces of software in the first place (ie . everything from MS, Adobe, throw in some other big names is not open source, and on the other hand there are a few big open source software pieces you should know, if you call yourself a trade minster : OOO.org, Firefox, Linux, and a few others...)

    Its not that hard, it just requires a so called minister or whatever that guy is, being a just a bit literate about whats going on in the software world or for that matter whats going on in the real world outside his office...

    Yes, there are thousands of open source as well as commercial projects and no one can know them all (for those cases may I humbly suggest a database to keep track of them. Can anyone volunteer selling the department of trade a copy of MySQL ? We'll post bail... ) but not knowing the concept behind FIREFOX ??? Idiot...

  81. Re: NOW it's a quote. by Anonymous Coward · · Score: 4, Funny

    "It goes against the grain to have this sort of thing going on in Great Britain. We've partially dismantled free speech and the freedom of movement. We will need to review what can be done to combat this new threat."

  82. This doesn't count as stupid? by flyinwhitey · · Score: 1

    'If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation'

    --
    How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
    1. Re:This doesn't count as stupid? by drooling-dog · · Score: 2, Interesting
      "Impossible" is a strong word, but she's right that it certainly makes it more difficult. Before, all you had to do was catch some seamy-looking people with a cache of software CDs, and you could safely presume that they were selling them illegally. Now, you have to bring in lawyers to examine licenses and such, and it all becomes a big pain in the ass.

      No different with the RIAA, really. They want to presume that any distribution of digital music (except by their own members, of course) is illegal, and hence they attempt to shut down distribution channels for all large binary files. They're as much afraid of future competition from public-domain (e.g., creative commons) and permissively-licensed music as they are of actual copyright infringement.

      But, I digress...

    2. Re:This doesn't count as stupid? by Jeremi · · Score: 1
      Before, all you had to do was catch some seamy-looking people with a cache of software CDs, and you could safely presume that they were selling them illegally.


      I'm not sure that was ever really a safe presumption. There are plenty of people who burn and sell CDs containing software that they themselves hold the copyright to. If the CDs are marked "Microsoft Office", you might have a point, but if they contain an app the officer has never heard of, then more research is required.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    3. Re:This doesn't count as stupid? by Amouth · · Score: 1

      "they attempt to shut down distribution channels for all large binary files"

      and for this i propose the use of trinary files.. (off,maybe,on) just think how much more you could store..

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    4. Re:This doesn't count as stupid? by arose · · Score: 1
      and for this i propose the use of trinary files.. (off,maybe,on)
      Sounds like binary on damaged media to me.
      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    5. Re:This doesn't count as stupid? by Amouth · · Score: 1

      you can get some intresting things from damaged media.. mabey even a copy of windows that works :)

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
  83. Re:What the ...? What kind of logic is he using?!! by Anonymous Coward · · Score: 0

    He's not random Joe.

  84. Labor or software? by SphericalCrusher · · Score: 1

    Wha...? Are they selling just a CD with Firefox on it (with only Firefox, it's a waste of a perfectly good CD-R) or are they charging labor to install it and giving them the CD afterwards? It's not that big of a file to download, even with a slow dialup connection and there is no point having it without internet access. It's becoming more common nowdays and I've even seen it free in certain magazines. But nonetheless, if Firefox was not free, I'd probably still pay for it.

    --
    "Instant gratification takes too long." - Carrie Fisher
  85. not my problem by qwp · · Score: 1

    ironicly, when you read this..
    I just sit back and think. it's not my problem.
    yes it would suck to be in law enforcement right now.
    but then again.. that is their passion, so to each his own.

  86. HOW TO: Eliminate ELUA's by Anonymous Coward · · Score: 4, Insightful

    If you want to eliminate ELUA's, you need to get your local taxing authority educated on them.

    If I paid for Microsoft Office and all I got was the right to use it, it's pretty worthless to the taxing authority in terms of property tax. But whoever owns the license is leasing property in their taxing jurisdiction. They own property tax based on the ELUA. So if Office sells for $500, a certain amount of personal property tax needs to be paid by Microsoft each year.

    1. Re:HOW TO: Eliminate ELUA's by Panaphonix · · Score: 1

      Your ideas are intriguing to me and I wish to subscribe to your newsletter.

    2. Re:HOW TO: Eliminate ELUA's by sckeener · · Score: 1

      So if Office sells for $500, a certain amount of personal property tax needs to be paid by Microsoft each year.

      and you do not think Microsoft wouldn't just turn around and have the consumer pay that tax to continue using the software? Maybe deny security updates until they do pay.

      --
      "Only one thing, is impossible for god: to find any sense in any copyright law on the planet." Mark Twain
    3. Re:HOW TO: Eliminate ELUA's by Anonymous Coward · · Score: 0

      That's a neat application of existing laws. I like the idea.

  87. Retail software returns by webjonesin · · Score: 1

    I used to work in a retail store that sold software. The rule was that we could not return opened software (the reason given..they might have copied it)...

    The idea that someone might want them to copy the software seemed to confuse the people working there also...

  88. no one understands any of this shit by wardk · · Score: 1

    man, it's fun watching the world melt down over the perfectly legal sale of Firefox.

    maybe now someone somewhere will actually READ the licenses involved. or maybe have it read to them as the case may be.

  89. Re:What the ...? What kind of logic is he using?!! by sepluv · · Score: 1

    In fact, for most of the history of computers all software was free software (so `free software' was just called `software'): freely distributable source code. When governments allowed software (which is just maths after all) to be copyrightable, this gave rise to the proprietary software industry. Then, the dfistinction had to be made.

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  90. The other side of paying for free software. by Anonymous Coward · · Score: 0
  91. efree? by CaptainPinko · · Score: 1
    Freee = Commercial (free to charge for)

    May I suggest e-free? (shudder)

    --
    Your CPU is not doing anything else, at least do something.
  92. Drat! by The+MAZZTer · · Score: 1

    it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation

    Drat they're catching on to my plan! *flees*

  93. Hmmm, maybe this is a way to mess with the police by Secrity · · Score: 1

    I smell a great way to mess with the British police. Sew big pockets into a coat and fill them with legitimate burned copies of FOSS; then go to public areas offering people cheap software. Is it legal to set up a folding table in public areas to sell software, perhaps a public market sort of thing?

  94. It's a terrorist plot. by Saeed+al-Sahaf · · Score: 1

    It's a terrorist plot.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:It's a terrorist plot. by John+Muir · · Score: 1

      Yes, yes it is.

      Firefox is the tool of a global elite who seek to avoid the international community's monitoring (IE+ActiveX ... what else do you think those are for?)

      How dare they! We'll have them in the comfy chair for this one, along with the Macintosh weilders!

      MS Akhbar!

  95. actually by convolvatron · · Score: 1

    i am wanted to print out a copy of a large RFC because i was working with it heavily. the local kinkos called back and asked if i worked for ISOC, because it had a copyright. i told them that no, although i didn't, the material was free to copy and i could point them at a statement issued by the ISOC to that effect.

    no, that wasn't sufficient. i would need to get a signed statement from them explicitly granting that particular shop permission to make physical copies. if they didn't want to limit distribution, why did the document contain a copyright notice?

    of course i just found another shop..but as mch vitriol as people have for rms here, dont you think that he is right in this regard? that as the infrastructure gears up to support this property-based model, with increasingly complex rules and ambiguous enforcement, that the exchange of information in general suffers?

    its not difficult to imagine moving to a place where it costs money and implies signficant legal risk just to distribute some information. given the rapacity and collusion in the industry, this could easily become a per-instance issue, effectively making it impossible to distribute information freely, regardless of the desires of the author.

  96. Who filed a complaint about the business? by jwd-oh · · Score: 2, Interesting

    Typically, law enforcement types don't act against businesses without some form of complaint. If Mozilla did not complain then who did? Presumably somebody like the UK version of the Business Software Alliance. If, in the course of investigating said business for BSA type priracy, they also found Mozilla stuff, they might assume (wrongly) that the Mozilla stuff was also pirated.

    There is more to this story. I wonder if we'll ever find out.

  97. OT - Re:No-one expects the British Inquisition ! by just_another_sean · · Score: 1

    Thank you, I just remembered what my favorite Python sketch is!

    --
    Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
  98. Stupidity by Anonymous Coward · · Score: 0

    The Humanity...

    "There are only two things I know that are infinite, the universe and stupidity; and I am not so sure about the universe"
    Albert Einstein

  99. They have a point by suv4x4 · · Score: 1

    99% of the posts here concentrated on the fact the Police "doesn't get the license". If the license says "I can bend over and you just do your thing" is it good to leave things like that?

    When individuals sell free software, the people who buy it give from their hard earned salaries to buy something that is free because of lack of information, and the money go directly to the scammers, all of it, as a result damaging the reputation of Mozilla Corp. and preventing the unencumbered spread of that free software.

    The fact the license allows it doesn't mean it's doing any good. This *IS* a hole in the license that scammers abuse a *LOT*.

    And when the police calls and says "these guys are abusing your product to perform legal robbery on random folks" and Mozilla replies "yea that's ok", you know something is totally wrong here.

  100. I've cracked it!!! by Anonymous Coward · · Score: 0

    1. Burn CDs with Firefox, Thunderbird, Oo (etc)
    2. Market it as "MicroShaft Office Professional" at carboot sales - a fiver a time
    3. PROFIT!!!
    4. (Profit a second time by suing the pants off the TS bastards who confiscated my stock and dragged me through court...)

    Muahahahahahahaaaaaaaaaaaaa!!!!

    World domination!

    1. Re:I've cracked it!!! by CaptainTux · · Score: 1

      So instead of software piracy, you could be charged with trademark infringment and fraud. Good plan there bud :-)

      --
      Anthony Papillion
      Advanced Data Concepts, Inc.
      "Quality Custom Software and IT Services"
  101. At least they were trying to do something by Madcowz · · Score: 1

    Come on guys, at least Trading Standards were prepared to actually do something for once.

    Now, if it had been a rogue Builder.......

    /Mad

  102. Perplexed// by DenDave · · Score: 1

    I am perplexed. Unless the copyright owner registers a complaint why on earth would the police do anything? My car has been broken into, radio stolen and even after I registered a complaint the cops wouldn't do anything! Someone downloads mozilla and burns it on rom for someone to buy for a few bob and the police show up????? YO COPS GET WITH THE PROGRAM AND GET REAL CROOKS!

    --
    -if at first you don't succeed, stay the heck away from paragliding.
    1. Re:Perplexed// by Dr.Dubious+DDQ · · Score: 1

      Ah, but you see, your car and radio are REAL property, which is boring and nobody cares to throw money at politicians about REAL property any more.

      "Copies of software" are Intellectual property, though, which government officials know (because highly-paid advocates/lobbyists/sleazy bastards tell them so constantly) is much more important.

      (Sniff, sniff....that's funny, I think I smell sarcasm...)

    2. Re:Perplexed// by JustNiz · · Score: 1

      Its VERY obvious that where I live, the police spend all their time going after normally law-abiding people who transgress some law in a very minor way (e.g. speeding) rather than the real 'criminal element' such as drug dealers etc. Presumably because they can make money for the system through fines and dont risk being shot at.

    3. Re:Perplexed// by AberBeta · · Score: 1

      The police did what now ?

      The Trading Standards department aren't a part of the police at all, they're local government agencies for each county.

    4. Re:Perplexed// by cranos · · Score: 1

      Yeah because speeding idiots pose no threat to other road users or pedestrians do they. I mean its not like your manouvering an object that might weigh several tonnes is it? Oh that's right, you are.

      If you want to drive a car, accept the fact that your driving will be regulated. You break those regulations then you must accept that there will be a penalty applied.

    5. Re:Perplexed// by JustNiz · · Score: 1

      Boy, you REALLY missed the point of my earlier post.

    6. Re:Perplexed// by DenDave · · Score: 1

      Damn! That means it is even a bigger hassle! They are paid more than cops! Damn waste of tax payer money if you ask me...

      --
      -if at first you don't succeed, stay the heck away from paragliding.
  103. In defence of TSOs by Kev_Stewart · · Score: 2, Insightful

    The average Trading Standards Officer is expected to have a working knowledge of a huge range of diverse issues from copyright, to advertising standards, to whether a toaster has a compliant plug on it. In practice, they're a downtrodden, government department with all the funding and resource management problems that go with it.

    Rather than call into question the competence of the TSO, I'd rather blame copyright law for being unnecessarily complex.

  104. That explains it. by SheeEttin · · Score: 0

    Their site uses Microsoft--and worse yet, ColdFusion.

  105. Clear answer: by Anonymous Coward · · Score: 0

    It is authorized. Period.
    Any questions?

  106. The Irony by Gleep · · Score: 2, Insightful

    is that they are trying to enforce Piracy Protection for software that wants to be free! Let Them Pirate! It's FREE SOFTWARE!!!

    --
    get your dirty sig off me, you filthy APE!
  107. They DON'T have a point by Anonymous Coward · · Score: 1, Insightful

    The software licence says what the copyright holder/owner permits the user to do with said software. If it says that freely redistributable software may be freely redistributed, then there is no point to answer.

    As has been pointed out (ad nauseam) above, not everyone has access to broadband, or a pal who has. Its often cheaper to pay a couple of quid to someone at a computer fair, a car boot sale or a computer mag to obtain a disk with a copy of the software you require rather than sitting through several hours of dodgy dialup download to get it "for free". Have you ever considered how long it takes to download a 5Mb file (Firefox) or a 6Mb file (Thunderbird) on a nominally 56Kbit modem link?

    Anyone who has broadband can take advantage of the fact, those without may well find it more cost effective to buy a CD. Buyers have not been scammed. They paid for what they wanted and probably from an informed perspective. By your standards, anyone who has ever purchased a Linux distribution has been ripped off by s scammer. Nahhhhhhhhhhhhh. Think again.

    There's nothing wrong, you just don't understand (rather like that TS officer...).

    1. Re:They DON'T have a point by Anonymous Coward · · Score: 0

      Apparently you miss the point (haha, the pun is ridiculous).

      It's one thing to sell Firefox CD-s for 2-3 bucks while it's clearly marked on the CD that the money are for manifacturing the phisical medium and labeling and not the software...

      And completely different thing to let a bunch of scammers sell free software offline, online and in all ways possible, for a lot more, and in the process confusing people they are purchasing the software.

      Go educate yourself here:

      http://blog.siteadvisor.com/2006/02/how_would_you_ like_to_pay_3795.html

      BTW don't be ridiculous: "Have you ever considered how long it takes to download a 5Mb file (Firefox) or a 6Mb file (Thunderbird) on a nominally 56Kbit modem link"... Firefox downloads for less than
        15 minutes on a dial-up. Do the math, do the tests, don't whine.

  108. Very confusing.. by packetmill · · Score: 1

    For a long time I thought it was *American* police who were stupid. This guy is making me question my most basic of beliefs.

  109. selling free software by ajs318 · · Score: 1

    Of course you are allowed to sell Free software. If you weren't, it wouldn't be Free. The thing that prevents overpricing is the fact that other people are allowed to sell the same thing as you, cheaper than you.

    One of the things wrong with capitalism is the way that the sellers of goods are allowed to determine the selling price. This enables a player with sufficient reserves of money to enter a market and bankrupt their competitors, by selling a similar product cheaper than anyone else at a slight net loss. No-one can compete with this and they have to withdraw from the market. The major player then raises their price and begins recouping the losses they incurred with a vengeance.

    In the Free Software marketplace, the barrier to entry is very low; all that you need to set up in business is a computer with a CD recorder and some Free software. You don't need masses of materials and you don't need an idea -- you don't even have to pay for someone else's idea. While someone could be selling Firefox CDs for £100 apiece, you could be selling equivalent CDs for £10 or even £5 apiece. You could even sell them for 20p each, though you would probably bankrupt yourself. The Market will work out a fair price which does not overburden vendors or purchasers.

    Even if a piece of Free software is available from only one source for an extortionate cost, a group of people could still pool their resources, buy just one copy and then be permitted to distribute as many copies as they like, as cheap as they like.

    --
    Je fume. Tu fumes. Nous fûmes!
  110. Free beer... by Anonymous Coward · · Score: 0

    I get this vision of a local British pub where people are regularly buying "free" beer for their mates.

    Suddenly, a constable bursts in the door shouting "What's all this then?! You: did you pay for that beer you're drinking, mate? If not, we'll be taking a little trip back to the station."

  111. Selling software is like selling canned air. by stud9920 · · Score: 1

    n/t

  112. Joe from Indiana? by caymanbum · · Score: 1

    Hey, I know a Joe from Indiana!

    Small world.

    1. Re:Joe from Indiana? by nasch · · Score: 1

      Hey, so do I! Possibly two of them...

  113. Read the post... by Anonymous Coward · · Score: 0

    God preserve us from idiots...

    Nominally 56Kbit

    I'm sure that if you "do the math" on typical dialup download rates you'll take longer than 15 minutes. Also, remember that what applies in the US doesn't hold for the rest of the world, internet connection costs are often arranged differently elsewhere.

    As for your other point, you're confusing a situation where a person selling CDs containing Firefox was targetted by a Trading Standards officer "somewhere in England" with a typical Internet scam. The original article was about the understanding of copyright law/licences by an English Local Government Office, not with the activities of the rip-off clowns so prevalent in the US.

    Looks like YOU missed the point completely.

    1. Re:Read the post... by suv4x4 · · Score: 1

      "God preserve us from idiots..."

      You're setting up God for a big paradox here :)

    2. Re:Read the post... by Anonymous Coward · · Score: 0

      Not the same coward here...

      I don't have this problem anymore but 2 years ago i would be more than happy to pay for a cd with mozilla or a distro or whatever.
      Taking one week to download a distro is a LOT you pay with "56K" dialup which in some places is a lot less. and would be paying the equivalent to 1/4 buck per hour (sort of).

      Now YOU do the math...

    3. Re:Read the post... by Procyon101 · · Score: 1

      Until I switched to Gentoo recently, I purchased all my Linux CD's. It was simply easier to have a few CD's mailed out to me then for me to keep a few gigs of CD image up to date, then burn them, etc. Slackware distributors have made a pretty penny from me over the years.

    4. Re:Read the post... by suv4x4 · · Score: 1

      Why are you twisting the issue. Did I say "it's bad you can buy it on a CD". No. I said the license shouldn't allow abuse, and people should know they are paying for the CD not the software on it.

      What's wrong with all of you?

    5. Re:Read the post... by Anonymous Coward · · Score: 0

      Ok, i got what you mean,
      in the licence there should be something demanding that if you are selling the software, you must say you are selling the media and/or support and not the software...
      Still wouldn't help much, i think, just take a look at freedownloadhq.com, the licence wouldn't be broken by them anyway, the guys are selling links. It's immoral, but so far legal, unfortunately.

      Cheers

  114. Alcopop by CarpetShark · · Score: 1

    Actually, it's a she. Better make that an alcopop. Preferably a big brand name alcopop that's popular on TV right now.

  115. Imprecise article headline by schon · · Score: 1

    Nowhere in the article does it say they conficated CD's.

    Yes, however, nowhere in the article does it say that they *didn't* confiscate CDs, and the author said that he asked the officer to "return any confiscated CDs."

    So it's still possible (and implied) that there were CD consfiscated.

    They were contacting him BEFORE they took action.

    The action referred to is prosecution. Trading services officers are allowed by law to confiscate goods if they believe they are being traded unfairly. Once the goods are confiscated, they press charges.

  116. RIAA by oliverthered · · Score: 1

    She probably learnt all she knew from an RIAA/MPAA seminar.

    --
    thank God the internet isn't a human right.
  117. A couple of corrections by rpjs · · Score: 1

    1) This is not the "UK Government" at work. Trading Standards is a function of local authorities, a borough, city or county council depending on where in England it took place. Just because one council's TS department is woefully uninformed doesn't mean they all are.

    2) Although TS officers do have civil enforcement powers, they are not police. They are local government officers, and having worked in local government I can assure you that they will be on average as IT-literate as the population at large: i.e. not very.

  118. In the public interest by oliverthered · · Score: 1

    I kinda hope that Charles looses his copyright battle on the ground of 'public interest', that way all you have to do is to show that something is or the public interest and the copyright owner can say goodbye to their monopoly.

    --
    thank God the internet isn't a human right.
  119. Re:Hmmm, maybe this is a way to mess with the poli by sepluv · · Score: 1
    You are technically supposed to go through the labourious task of getting permission from the local authority if you sell anything in the street. They will then probably give you permission to stand in a certain spot at certain times (which is why Big Issue sellers have to have wear badges and stay in the same spot). Even if you have permission, you aren't supposed to pressurise the public.

    The easiest way to sell free software CDs woulds probably be through the classified ads in the local paper or by putting up flyers. You could also sell it on private property (e.g.: the campus of a local college or uni). Offering support would probably greatly increase your chance of actually shifting many CDs though.

    --
    Joe Llywelyn Griffith Blakesley
    [This post is in the public domain (copyright-free) unless otherwise stated]
  120. my god.. by bobamu · · Score: 1

    if there's a list of "funniest /. posts ever" I hope yours is on it.

  121. Bill is that you ? by bxbaser · · Score: 1

    eom

  122. Steal This Comment by Flwyd · · Score: 2, Insightful

    My high school's bike lab did maintenance for Boulder's "green bike" program. The program took donated bikes, fixed them up, painted them green, put on a basket and some information about the program, and made them available for the public to use with the understanding that when you were done riding the bike (to the library, say) you left it for someone else to use.

    We did a short documentary on the program. When we interviewed the guy in charge of maintenance we asked about theft issues. His response was "You can't steal a free bike." The same quip applies to free software. Projects like Mozilla and Linux want as many people to "steal" their software as possible.

    --
    Ceci n'est pas une signature.
  123. not cops by stewwy · · Score: 2, Informative

    just a quick note to our atlantic cousins, and other non-uk readers. These officials are NOT cops, they are government officials in the same way as traffic wardens and council rent officers. They have no powers other than those related to specific sets of circumstances, for example a traffic warden cannot, as far as I know, arrest someone for murder. Like all public officials 'jobsworth's ', and rules followers often gravitate to these posts and they constantly seek to widen their areas of influence. Their habit of pronouncing on things they're ignorant about seems to be on the increase and is often given more prominence than it deserves. So responce to the article should be: nothing to see, move along....

    1. Re:not cops by Dunbal · · Score: 1

      in the same way as traffic wardens and council rent officers.

            I'm afraid you will draw blank stares from Americans by using the terms "traffic warden" and "council rent officer".

      --
      Seven puppies were harmed during the making of this post.
  124. Quantum by mattr · · Score: 1

    They need to get together with the guys who built the quantum computer in the next thread over. That way they can do nothing and see a big decrease in illegal copying.

  125. OT: FACT by Anonymous Coward · · Score: 0
    I've never quite understood what the purpose of FACT is or their business model. (Who funds them?). Why do they want you to tell them about unauthorised copying, as opposed to contacting the copyright holder or police? I've been told that they try to get businesses to pay them money to keep them from (unlawfully?) raiding the businesses. That sounds like a protection racket to me if it is true.

    Anyway, I've noticed they've been doing quite a bit of advertising recently with their phone number on (mainly propoganda for the film industry), so I phoned them up and asked them what the purpose of their organisation was. They were pretty cagey, but I eventually got someoene to give me the mobile number of their PR guy.

    I can't be bothered phoning it (as it costs me a lot ot phone mobiles), but if anyone is interested in finding more about the organisation, the guy is Eddie Leverton and his number is 07768057464. It might help if you pretend to be from the press or something, but I didn't.

  126. This logic is 'f*cked'...literally :) by Shoten · · Score: 1

    "The idea that two people could engage in consensual sex because they love each other means we can no longer enforce laws against prostitution."

    --

    For your security, this post has been encrypted with ROT-13, twice.
  127. A trading standards ... by Anonymous Coward · · Score: 0

    ...officer is NOT the government BTW.

    So your TAG line was grossly exaggerated, twat.

  128. Re:IANAL by ShieldW0lf · · Score: 4, Insightful

    It seems to me that there are a great many people in this thread, a common identifier being the use of the phrase IANAL, who are debating whether or not this is permitted under the law, when the whole gist of the story is that it's a humourous anecdote demonstrating that it's been established as fact that this is permitted. So, um... why not find a more interesting area to discuss, this is kind of past the point of debate.

    --
    -1 Uncomfortable Truth
  129. Re:Slashdot: News for Nerds. Stuff that ... by Eightyford · · Score: 2, Funny

    If I read a story about something interesting on, say, the BBC's technology pages, I know it'll probably hit /. in a few hours, or at worst a couple of days, and once it does there'll be Interesting Discussion.

    And more often than not it will hit slashdot again a week later too.

  130. Re:What the ...? What kind of logic is he using?!! by droopycom · · Score: 1

    > Will someone please tell me what the hell this is supposed to mean?!

    >> If Mozilla permit the sale of copied versions of its software,
    >> it makes it virtually impossible for us, from a practical point of view,
    >> to enforce UK anti-piracy legislation.

    Well very simple:
    If Mozilla (and others) permit the sale of copied versions of its software, then this mean they have to find and read the licenses to make the differences between legals and illegal copies. Which mean they need to have employees who can read.

    So 'from a practical point of view' teaching the monkeys (cf reference to banana merchant) to read software license is impossible.

  131. Digg comments by 920714 · · Score: 1

    I tried reading the comments on Digg. Childish, immature, offtopic, it was like reading slashdot at -1 with the all the insightful and informative comments missing. They made the average slashdotter look like a Mensa member. Too many one word posts and "digg it" for reading the comments to be worthwhile. I'm with the parent, I read slashdot for the interesting discussions.

    --
    english is way to easy
    1. Re:Digg comments by starwed · · Score: 1

      Agreed, digg is useless if you're looking for commentary on the article. As bad as I used to find slashdot, digg made me realise how well the moderation system really works.

    2. Re:Digg comments by Anonymous Coward · · Score: 0

      I totally agree.

      E.g., digg had a recent story about some case mod. Yeah, it wasn't great or bad or anything, just another case mod that someone may find interesting.

      1st: Wow, what news. That's some hawt digg exclusivity right there. 2nd: Most of the comments were "I don't like the looks of it. No digg." or "I love it. digg"

      Well, flippin great. Glad to see everyone has different tastes in cases. No discussion on the modders techniques or materials or any of that half-way interesting shit, just "I do/do not like the it."

      sign me up ...

  132. RTFA, Zonk! by adavies42 · · Score: 1

    According to TFA, the entire story is completely wrong. No CDs were confiscated, no prosecution was intended--hell, it wasn't even about a single business! The authorities had found several businesses selling Firefox, and contacted the Foundation before doing anything about it.

    --
    Media that can be recorded and distributed can be recorded and distributed.
    -kfg
  133. dell.com vs dellwebsites.com by rvw · · Score: 1

    How about the case where Dell sues Paul Dell?

    1. Re:dell.com vs dellwebsites.com by Anonymous Coward · · Score: 0

      How about it?

      Why is Dell Inc. suing Paul Dell? Trade Mark infrigement? I bet not:

      " Paul uses the web address to publicise his web design business, but is accused of parasitism and unfair competition"

      See? No TM infrigement.

      And, oh! he has been sued. Does a sue mean a condemnation in your country?

  134. That officer's name wasn't "Cleese", was it? by The_REAL_DZA · · Score: 1

    I mean, doesn't the UK have an RIAA? *gasp* Their law enforcement agencies are actually looking for apparent crimes being committed rather than sitting on their hands waiting for some whining complain...er, uh, potential plaintifs to come in and file a complaint? What do their poor lawyers do? How do they make ends meet?
     
    Really, though, that statement does sound like it came out of one of their sitcoms...

    --


    This space intentionally left (almost) blank.
  135. Re:Licences by Jon+Chatow · · Score: 1
    The Great British have different Trademark law, and I think because they are much smaller geographically than the US (and have fewer businesses) they don't allow confusingly similar business names even across different industries.

    No, that's not true. And we don't normally call ourselves "the Great British"; though the adjective is nice of you to use to describe us (with a lower-case 'G', please ;-)), given that Brittany no longer has autonomy, there's no need to disambiguate between the inhabitents of our isles and those of a part of France - we use "British" as the adjective and sometimes the noun, and "Briton" (not "Breton", but etymologically related) as the noun, though the latter is sometimes used with overtones of racial reference.

    I think thats part of why Apple Records Vs. Apple Computer was such a big hubbub, they sued in the UK multiple times, under UK law which gives more rights to Apple to protect their Trademark.

    Actually, the problem is that Apple Records's trademark covers the use of the term "apple" as a brand related to the creation and retail of music. The first was something that Apple Computers's computers became able to be involved with in the late '80s (hence the original case); the second case was related to the creation of the iTunes Music Store for the UK, which was thus trading in the UK using Apple Records's trademark in the retail of music. Quite simple, really.

    In the US Acme Auto Parts is going to have a hard time suing Acme Clothes Pins (unless they steal their logo or something).

    ... and in the UK, too.

    --
    James F.
  136. Sour Grapes by turgid · · Score: 2, Insightful

    Sounds like a case of Sour Grapes from the UK Establishment.

    Tony Blair and his Cronies are best buddies with Chairman Bill and Steve from Microsoft. In fact, there have been notable large Public Sector contracts in the UK where Microsoft has given huge discounts to get the customer (funded by the UK tax payer) locked in.

    It must be much to the chagrin of these PHBs and ignorant politicians to have to acknowledge that there exist cheaper, free-as-in-speech, open alternatives.

    The "free-as-in-speech" and "open" parts are doubly painful to the Blair Administration, while they do everything possible to take away our democracy.

  137. Question by republican+gourd · · Score: 1

    How do you get home from the library?

    1. Re:Question by Flwyd · · Score: 1

      Ride the bike someone else left.

      Or take the bus.

      --
      Ceci n'est pas une signature.
  138. two thoughts by SolemnDragon · · Score: 1

    a.) offtopic- sometime i'm going to have to ask you to explain one of those statements, tom, but not now.

    b.) ontopic- people DO pay for 1 atmosphere-level air... anyplace they can't get it naturally. That it is the same is part of its worth, not a detraction from its worth.

    nothing else to add, just the observation that even regular air works as an analogy, because you're making something free but not always convenient (software) into something CONVENIENT but not always free for people (cd). A lot like the bottled water- some of which IS tap water.

    Instead of being in a tap (online) it's from a bottle (cd.)

    This does make the landscape a little more interesting.

    s

    1. Re:two thoughts by tomhudson · · Score: 1

      offtopic- sometime i'm going to have to ask you to explain one of those statements, tom, but not now.

      Its no secret. I guess you just didn't get the memo. Sorry.

      Yes, we have no bananas, just birth defects and temporary inconveniences ;-)

  139. Firefox for sale? by JTorres176 · · Score: 1

    Am I the only one that caught this like 6 months ago?

    http://www.oooff.com/

    This shameless ripoff brought to you by linspire, the same people that made a company out of selling debian.

    --
    Evil Walrus >83=
  140. Let's do this for everything! by ClamIAm · · Score: 1

    Hey, why don't we jail people who sell bottled water too! I mean, you can collect that stuff from the rain or from a lake, for free. Selling it MUST be some kind of violation! And don't get me started on that evil public domain.

  141. Mandatory new acronym by Tinned_Tuna · · Score: 1

    RTFGPL - Read the f*ck*ng General Public License !

  142. Didn't they make a song about that? by swelke · · Score: 1

    10 [untranscribable and indescribable vocalizations and other noises]
    20 Dude looks like a lay-dayyy!
    30 Goto 10

    --
    Have you ever wondered How to Take Over
  143. Yes, it does... by Otto · · Score: 2, Interesting

    From a law enforcement perspective, yes, it is a great difficulty.

    Let's say I'm selling Firefox CD's and the cops arrest me, take my computer, take my CD's, publicize information that I'm a thief, yada yada yada. Now the Mozilla foundation rings up and says "hey, that's totally okay with us".. Suddenly not only am I vindicated, but I've got one hell of a good counter-lawsuit against the city.

    It's a huge pain in the ass to verify that what somebody was doing was, in fact, illegal before actually arresting them for it. This is something that cops, very generally, don't do. They leave that to lawyers and prosecutors and such.

    So in order to prevent wrongful arrest lawsuits against the city, lawyers and prosecutors tend to dumb the law down so that your average cops can understand it. They don't really need to know every single detail, just enough to tell them when to arrest somebody or not.

    If you find somebody blatently selling burned CD's, how do you know if they're doing something legal or something illegal? If you have to actually look at the software they are selling and then contact the makers of that software (or find their statements online) before actually shutting the guy down, then yeah, that's a huge pain in the ass. You can't go by the license files the guy himself is giving you (he could be lying), and you can't go by what some random webpage says (it could also be a lie). You need a confirmed truth from the copyright holders mouth before they even take action in the first place.

    This basically means that they'll have to know common open source packages, whether selling them is okay, etc, etc. It means a much more difficult training program, it means a much more complex set of guidelines to follow in determining whether or not they should take action against somebody. They have to distill all this information down into what are the possible crimes that can be committed so that the people actually enforcing can understand these things. And yeah, that's a huge pain in the ass.

    Oh, and BTW, it's a GOOD thing that it's a huge pain in the ass, because it means that most of these bullshit IP laws will end up going unenforced. That's always nice.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  144. this couldn't be because... by Sebastopol · · Score: 2, Insightful

    ...the propeller-heads that coined the term "free as in beer, not as in speech" thought it was so cute and witty that it didn't matter of the average Joe still can't understand the concept.

    The overloaded naming convention is one of the largest obstacles to this concept. And it seemed like (prior to finally "getting it") whenever I asked an expert to explain it, I was spoken down to as an inferior for not grasping such and obvious concept.

    Maybe a better communicator can rename the entire movement and save some confusion.

    Eh, in the words of the ZIL interpreter:

    Not bloody likely.

    --
    https://www.accountkiller.com/removal-requested
    1. Re:this couldn't be because... by Schraegstrichpunkt · · Score: 1
      The propellor-head was RMS, and this is what he wrote:
      ``Free software'' is a matter of liberty, not price. To understand the concept, you should think of ``free'' as in ``free speech,'' not as in ``free beer.''

      Put into those terms, it's perfectly clear what he means. I think the confusion comes from the way that people appreviate that and talk about "free as in beer". When you put it that way, the first thing that comes to my mind is, "but beer isn't free".

    2. Re:this couldn't be because... by Sebastopol · · Score: 1

      Thanks for trying, but it is absolutely NOT perfectly clear what that means. You missed the point of my entire post. Stallman's wording is an example of "intellectual eliteness" getting in the way of progress. He thinks the concept is clear, but gives a poor analogy.

      But hey, at least you weren't condescending!

      Some people get this concept immediately, the vast majority do not (try asking your mother if she understands it).

      Can I sell free software? Why or why not? What are the circumstances? People give away beer all the time (parties, sporting events...) so why isn't beer free? Speech costs money too, like speechwriters, or airtime on television, or mic time at a podium... and it can cost legal fees if I slander or yell "FIRE" in a cinema.

      Free software is a matter of liberty?

      So I have the liberty to give it away or sell it? Then it isn't always free if I can sell it...

      See? A very poor analogy.

      --
      https://www.accountkiller.com/removal-requested
    3. Re:this couldn't be because... by Schraegstrichpunkt · · Score: 1

      Ok. Do you have a better analogy?

  145. Re:IANAL by Anonymous Coward · · Score: 0

    IAAL, and I can't help but laugh when someone on /. starts a post with "Now, IANAL, but ..." then proceeds to offer what is invariably flawed legal analysis on the matter at hand. I can't help but cry when I see the number of positive replies the aforementioned post gets. The occasional post like yours gives me hope, but I think those that would have sanity, common sense, and reasoned thinking reign victorious on /. are fighting a losing battle.

  146. Re:Slashdot: News for Nerds. Stuff that ... by npsimons · · Score: 1

    Digg had yesterday

    Who gives a shit? Especially when digg's moderation and comment system produces nothing but shit.

    Folks, you really need to sharpen up a bit.

    Are you another one of those people who are astroturfing for digg? Why do you post anonymously? And why are do you use the contrite and condescending term "folks"? Why don't you go and "sharpen up" digg's comment moderation system? Or go to kuroshin; they've been doing the "we're better than slashdot!" since before digg existed, so that should make them better since they did it first, right?

  147. THE BIG PROBLEM!!! by Anonymous Coward · · Score: 1, Insightful
    First - IANAL.

    This is what happens when the criminal branch takes over the enforcement of what should be civil matters. With no basis whatsoever, and with no complaint from an aggrieved party, they jump in and assume a crime is happening - action must be taken! Shoot first, ask questions later.

    Being a task force dedicated to enforcing a certain statute, their response is not balanced investigation, but heavy-handed action to justify their own existence.

    You also have to wonder where the "problem" came from? Did someone from their task force wander into a store and see $10 CD's and think "My God! They're only charging $10 for something like a program Microsoft gives away for free, so it must be stolen software!". You would think computer literacy would be a minor requirement of their job...

    Or did a competitor make an anonymous call to tie the seller up in red tape and legal fees for the forseeable future?

    This is the insidious side of these laws and enforcement regimens - The keystone kops and their 'assumptions' can make doing business a risky task full of random expensive potholes. That's a quick way to kill commerce.

    A complaints-based system would function much better. If MS feels they're being ripped off, they can file a complaint. If it's a case of a small company that can't afford their own investgators, then the first time they encounter a "pirate", they should be able to file a standard complaint to "please look for this type of software". Generally, I saw (i.e. when FCC standards were being implemented) that honest merchants were quite willing to turn in their cheating competitors.

    I don't know where they thought they had "reasonable grounds", but a task force so inept and unknowledgable probably shouldn't be out and about without adult supervision. "It was only $10 so it must be stolen" is not reasonable grounds. If this is the first they've heard of the open software movement, they obviously aren't competent to judge what is reasonable.

  148. Re:Slashdot: News for Nerds. Stuff that ... by pimpimpim · · Score: 2, Funny

    And with a bit of luck, people that missed the discussion on slashdot the first time still get the change to read a similar discussion when the dupe is posted a few days later ;)

    --
    molmod.com - computing tips from a molecular modeling
  149. Re:"Hacking for Christ" ? by daverabbitz · · Score: 1

    Thanks man, that's the best sum-up of the Bible I've ever seen. Care to do Islam or Hindu?

    --
    What could be better than a jet powered motorcycle? http://www.youtube.com/watch?v=u8l6GTHLSWE
  150. It's subvoisive, I tell ya..... by Stanislav_J · · Score: 1

    Got quite a chuckle out of this. I think you'll see a lot more of this sort of thing in the near future. Why do you think that, for example, the arr-eye-ay-ay and the emm-pee-ay-ay want to so burden software and hardware with DRM that it will ultimately make it difficult, if not down right impossible, for you to freely share even something that YOU yourself created? Because it undermines their LP-era system. If people demonstrate that it's possible to freely distribute software, music, or video without DRM or limitations and still be successful, it gives the lie to the "party line" that the Big Boys need to be protected or they will go belly-up.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
  151. Re:What the ...? What kind of logic is he using?!! by Anonymous Coward · · Score: 0

    If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation.

    If you give away canned food to the homeless it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-theft legislation.

  152. Proper response by Todd+Knarr · · Score: 2, Funny

    The proper response to her "virtually impossible" comment would be "Ummm, and as copyright holders that's our problem how again?". :)

  153. Re:Slashdot: News for Nerds. Stuff that ... by Anonymous Coward · · Score: 0

    Folks, you really need to sharpen up a bit.

    Thanks, but us grownups mostly don't have hours every day to spend reading every post on not one but multiple news aggregation and discussion sites. When you start working someday you'll understand.

  154. Bobby not so dumb? by PsychoBrat · · Score: 1

    Isn't the point that with the permissible sale of Mozilla products and derivative works, to ensure that The Rules are being followed (in regard to only official Mozilla versions baring the Mozilla trademark etc.) the police would have to have a much more intimate knowledge of the software than they would in usual 'closed source' cases? For example, to be sure of knowing what is a derivative work, they would need to compare copies they find with each official release from Mozilla, and the same would apply for every other GPL/MPL/etc product under inspection. That's a lot of work compared to the traditional "these MS Office CDs weren't burnt by Microsoft; take them away" approach.

    So no, I don't think the police are really having trouble understanding the licence[s] involved; they're just a lot more complicated to enforce than traditional licences. However, this is not to say that complaining about this is an acceptable response; they'll just have to develop new systems to deal with it. Law enforcement, government etc. must keep up with society rather than trying to hold it back due to their inadequacies.

    --
    Invisible to moderators.
  155. Re:Slashdot: News for Nerds. Stuff that ... by supertoad · · Score: 1

    and the people who miss the comments can read the repeats of those comments further down the page

  156. headline slightly misleading by Anonymous Coward · · Score: 0

    Trading standards investigation and enforcement is done at a local level by local councils in the UK, so it is misleading to blame HM Government for it..

    After all, there are plenty bigger things to blame them for..

  157. Fools by Kanasta · · Score: 1

    "If Mozilla permit the sale of copied versions of its software, it makes it virtually impossible for us, from a practical point of view, to enforce UK anti-piracy legislation, as it is difficult for us to give general advice to businesses over what is/is not permitted."

    If Mozilla permit the sale of copied versions of its software, then no piracy is occurring, and no enforcing of UK anti-piracy legislation is necessary.

  158. Before we all start casting stones... by AmigaBen · · Score: 1

    You know, there seems to be a lot of comments about 'those silly cops' or such, who don't understand the licensing. But before we all start pointing and laughing, I *really* wish someone would explain the license to the developers using it. I can't explain how much it exasperates me that I have to click 'I Accept the GPL' box to install so many GPL'd apps..

    --
    +5 Insightful, really!
  159. no such thing. by Anonymous Coward · · Score: 0

    All sex is paid for, one way or another.

  160. Re:Slashdot: News for Nerds. Stuff that ... by pimpimpim · · Score: 1

    Wow, selfcritisism on slashdot! It hurts! ;) Too true, though...

    --
    molmod.com - computing tips from a molecular modeling
  161. Welcome to Open Source... by kalmite · · Score: 1

    Welcome to Open Source where piracy doesn't exist.