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'."
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."
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.