About to list for sale on eBay when...

SpammyTheSpammer

I spotted the seller mtsoftwaresolutions

A Top Rated Seller (according to eBay)

So why do I read this:-
http://reviews.ebay.co.uk/MT-Software-Solutions-BEWARE_W0QQugidZ10000000017347343

and this:-
http://www.kvraudio.com/forum/printview.php?t=261550&start=0

and this:-
http://www.hydrogen-music.org/hcms/node/610


And why do they have a large number of negative and neutral feedbacks stating that they sell shareware/freeware as their own work when their listings clearly state that:-
"[FONT=Arial, Helvetica, sans-serif]This item is copyrighted. Any reproduction, duplication or resale of this CD-ROM is prohibited."

[/FONT][FONT=Arial, Helvetica, sans-serif]Surely [/FONT][FONT=Arial, Helvetica, sans-serif]they cannot just be copying freeware and shareware onto CDROM and selling it as their own work? [/FONT][FONT=Arial, Helvetica, sans-serif]That would be prevented by eBay rules, would it not[/FONT][FONT=Arial, Helvetica, sans-serif]....


[/FONT]

macfly

They don't have a large number. 99.5% positive.
They are indeed selling open source software. I don't think it's illegal though. Numpties buy it because they are too lazy to look.

JPS29

Seems like a decnt seller tbh, nearly 9k feedback, 99.5% positive, TRS all starts look healthy. Like macfly says providing a service at a cost for those lazy to look themselves.
What was your concern/gripe with them?

SpammyTheSpammer

I was going to sell some software that I had bought a few years ago and no longer used so did a quick search to see what price to list it at - I was a bit surprised when I found all their listings of other peoples work that they claimed to have copywrite upon.

I will be honest, I used to be in the the software development business and carry something of a chip on my shoulder about products that my company spent big money developing, testing and bringing to the market, only to find that a few months later, it was on sale for a fraction of the cost. To add insult, it was sometimes packaged and marked as the work of someone else. Initally, we spent further money on lawyers, issuing enforcement notices etc, all money down the drain as the product was back on the market in days via some other source.

We finally decided that the best course of action was overpriced products, make the cash from the early adopter consumer then get out of the market and move on to something else, leaving the pirates to sail the seas selling dodgy virus infected products.

None of this left me feeling happy.... and seeing this happen to people who have been trying to issue freeware and only wanting recognition but getting shafted by the like of MTS who claim copywrite of someone elses work rubs salt in that wound....

JPS29

I see your point of view from someone who works/worked in the industry but from a consumer point of view it's a good thing surely? As long as the software they are providing isnt virus ridden as you mentioned and they can get it at a fraction of the cost, or for a small cost when it's freely available but they can't be bothered looking then I don't see the harm . Like you say the "big boys" will have made there money on the product initially and moved onto a new venture

SpammyTheSpammer

of intellectual property but no different, for example, than theft of a Blue Ray DVD player.

Someone steals it and sells it on to another punter for a fraction of the price.

• The punter gets a cheap Blue Ray DVD player.
• The thief gets paid well for an easy "job".
• The original owner claims on the insurance.

There's no victim here, or is there? Just as in your example, no harm done and good from a consumer point of view.

JPS29

Sorry not sure I understand the example, admittedly I'm not the most IT literate person. Isn't freeare stuff that's out there in the free domain anyway and "legally" available to download, wheras theft of a blue ray would still be theft. Not baiting you mate, just genuinely maybe I dont fully understand the implications of software downloading/purchasing

andrewsi

SpammyTheSpammer wrote: »

None of this left me feeling happy.... and seeing this happen to people who have been trying to issue freeware and only wanting recognition but getting shafted by the like of MTS who claim copywrite of someone elses work rubs salt in that wound....

It's been a while since I studied copyright, but I think it's possible to copyright a collection of data, without the data being copyrighted. That covers the phonebook - individual names and addresses aren't copyrighted, but the collection as a whole is.

So it's entirely possible that they're claiming copyright on the collection of software on the CD, but not on the software itself.

Though yes, it is also possible that they're pulling a fast one.

theonlywayisup

SpammyTheSpammer wrote: »

• The punter gets a cheap Blue Ray DVD player.
• The thief gets paid well for an easy "job".
• The original owner claims on the insurance.

There's no victim here, or is there? .

Sorry, am I missing something - There's no victim here? Of course there is. The insurance company - who in turn raise everyone elses premiums.

sharpy2010

They sell un-copyrighted software, which they have downloaded. That is allowed.

They have then compiled their own CD with the software on, and their own menu on the CD. What they have copyrighted is their own CD menu disk. Which is also allowed.

They are not breaking any laws, and if you wished to download the same software and sell it, you would also be allowed.

They are simply providing a service to people who maybe want large files and don't have broadband.

macfly

SpammyTheSpammer wrote: »

of intellectual property but no different, for example, than theft of a Blue Ray DVD player.

Someone steals it and sells it on to another punter for a fraction of the price.

• The punter gets a cheap Blue Ray DVD player.
• The thief gets paid well for an easy "job".
• The original owner claims on the insurance.

There's no victim here, or is there? Just as in your example, no harm done and good from a consumer point of view.

Not even remotely the same. A clearer example would be getting stuff from freecycle and selling it.
And your virus ridden software claim? About as real as fake designer clothes funding Al Quaeda, (a brilliant government wheeze).