Theft

Dear developers,
What if someone grabs your code, re badges it to something
like Mobile 
Ringtone Converter and sells it for $25.98, without sharing
source code?
I found it here: 
http://www.softped
ia.com/get/Multimedia/Audio/Audio-Convertors/Mobile-Ringtone
-Converter.shtml

Waiting for your response,
Johnny

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On Sun, 2007-12-30 at 23:50 +0200, Johnny Levai wrote:
> Dear developers,
> What if someone grabs your code, re badges it to
something like Mobile 
> Ringtone Converter and sells it for $25.98, without
sharing source code?
> I found it here: 
> http://www.softped
ia.com/get/Multimedia/Audio/Audio-Convertors/Mobile-Ringtone
-Converter.shtml
> 
> Waiting for your response,

They are breaking the terms of the GPL, pretty clearly as if
you
download the trial version and run it, Help > About
produces a
proprietary EULA where the GPL should be.

The problem is that doing anything about it would be
expensive in both
time and money, which would have to come from the same
groups of people
who develop and support audacity. So it comes down to which
helps the
project more - chasing an off-shore company who are quite
adept at
hiding from pressure, or improving audacity to do more and
better
things.

To be fair, it isn't just the audacity code they are suing -
by the
looks of things they have added ffmpeg import/export
support, and the
WEP server for getting files to phones, which aren't in
audacity
(although in the long term I would like the former to be).

So whilst we would never discourage anyone from complaining
about these
things to anyone relevant (softpedia, their ISP ...),
chasing them up is
not a priority for the audacity development team (in the
past I have
tried to contact the developers directly, but got no
response at all
from them).

Richard


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Johnny Levai wrote:
> Dear developers,
> What if someone grabs your code, re badges it to
something like Mobile 
> Ringtone Converter and sells it for $25.98, without
sharing source code?
> I found it here: 
> http://www.softped
ia.com/get/Multimedia/Audio/Audio-Convertors/Mobile-Ringtone
-Converter.shtml
>
> Waiting for your response,
> Johnny
>   
That's hefty! Probably some of us should look at
<http://www.fsf.org/licensing/licenses/gpl-violation.
html>
more closely. I tried to find out the postal address of the
company, but 
didn't succeed.
Can some others try, please?

The registrant of the site has seems to have an address in
Niger.
I don't know about the copyright laws of Niger.

This is what www.united-domains.de wrote:

*Whois-Eintrag für avconverter.com...*

Whois Server Version 1.3

Domain names in the .com and .net domains can now be
registered
with many different competing registrars. Go to http://www.internic.net
for detailed information.

   Domain Name: AVCONVERTER.COM
   Registrar: GODADDY.COM, INC.
   Whois Server: whois.godaddy.com
   Referral URL: http://registrar.godaddy
.com
   Name Server: NS2.POWWEB.COM
   Name Server: NS3.POWWEB.COM
   Status: clientRenewProhibited
   Status: clientTransferProhibited
   Status: clientUpdateProhibited
   Status: clientDeleteProhibited
   Updated Date: 19-apr-2007
   Creation Date: 21-nov-2004
   Expiration Date: 21-nov-2008


>>> Last update of whois database: Sun, 30 Dec 2007
09:20:19 UTC <<<

NOTICE: The expiration date displayed in this record is the
date the
registrar's sponsorship of the domain name registration in
the registry is
currently set to expire. This date does not necessarily
reflect the expiration
date of the domain name registrant's agreement with the
sponsoring
registrar.  Users may consult the sponsoring registrar's
Whois database to
view the registrar's reported date of expiration for this
registration.

TERMS OF USE: You are not authorized to access or query our
Whois
database through the use of electronic processes that are
high-volume and
automated except as reasonably necessary to register domain
names or
modify existing registrations; the Data in VeriSign Global
Registry
Services' ("VeriSign") Whois database is provided
by VeriSign for
information purposes only, and to assist persons in
obtaining information
about or related to a domain name registration record.
VeriSign does not
guarantee its accuracy. By submitting a Whois query, you
agree to abide
by the following terms of use: You agree that you may use
this Data only
for lawful purposes and that under no circumstances will you
use this Data
to: (1) allow, enable, or otherwise support the transmission
of mass
unsolicited, commercial advertising or solicitations via
e-mail, telephone,
or facsimile; or (2) enable high volume, automated,
electronic processes
that apply to VeriSign (or its computer systems). The
compilation,
repackaging, dissemination or other use of this Data is
expressly
prohibited without the prior written consent of VeriSign.
You agree not to
use electronic processes that are automated and high-volume
to access or
query the Whois database except as reasonably necessary to
register
domain names or modify existing registrations. VeriSign
reserves the right
to restrict your access to the Whois database in its sole
discretion to ensure
operational stability.  VeriSign may restrict or terminate
your access to the
Whois database for failure to abide by these terms of use.
VeriSign
reserves the right to modify these terms at any time.

The Registry database contains ONLY .COM, .NET, .EDU domains
and
Registrars.


-----
united-domains AG Remote Whois
===============================

The data contained in GoDaddy.com, Inc.'s WhoIs database,
while believed by the company to be reliable, is provided
"as is"
with no guarantee or warranties regarding its accuracy. 
This
information is provided for the sole purpose of assisting
you
in obtaining information about domain name registration
records.
Any use of this data for any other purpose is expressly
forbidden without the prior written
permission of GoDaddy.com, Inc.  By submitting an inquiry,
you agree to these terms of usage and limitations of
warranty.  In particular,
you agree not to use this data to allow, enable, or
otherwise make possible,
dissemination or collection of this data, in part or in its
entirety, for any
purpose, such as the transmission of unsolicited advertising
and
and solicitations of any kind, including spam.  You further
agree
not to use this data to enable high volume, automated or
robotic electronic
processes designed to collect or compile this data for any
purpose,
including mining this data for your own personal or
commercial purposes. 

Please note: the registrant of the domain name is specified
in the "registrant" field.  In most cases,
GoDaddy.com, Inc. 
is not the registrant of domain names listed in this
database.


Registrant:
   David S.
   BJ
   BJ, Yukon Territory 10000
   Niger

   Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
   Domain Name: AVCONVERTER.COM
      Created on: 21-Nov-04
      Expires on: 21-Nov-08
      Last Updated on: 19-Apr-07

   Administrative Contact:
      S., David  salesavconverter.com
      BJ
      BJ, Yukon Territory 10000
      Niger
      121265768888      Fax -- 

   Technical Contact:
      S, David  salesavconverter.com
      BJ
      BJ, Yukon Territory 10000
      Niger
      121265768888      Fax -- 

   Domain servers in listed order:
      NS3.POWWEB.COM
      NS2.POWWEB.COM





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| From Richard Ash <richardaudacityteam.org> 
| Sun, 30 Dec 2007 22:16:10 +0000
| Subject: [Audacity-devel] Theft
> On Sun, 2007-12-30 at 23:50 +0200, Johnny Levai wrote:
> > Dear developers,
> > What if someone grabs your code, re badges it to
something like Mobile 
> > Ringtone Converter and sells it for $25.98,
without sharing source code?
> > I found it here: 
> > http://www.softped
ia.com/get/Multimedia/Audio/Audio-Convertors/Mobile-Ringtone
-Converter.shtml
> 
> They are breaking the terms of the GPL, pretty clearly
as if you
> download the trial version and run it, Help > About
produces a
> proprietary EULA where the GPL should be.
> 
> The problem is that doing anything about it would be
expensive in both
> time and money, which would have to come from the same
groups of people
> who develop and support audacity. So it comes down to
which helps the
> project more - chasing an off-shore company who are
quite adept at
> hiding from pressure, or improving audacity to do more
and better
> things.........
>
> So whilst we would never discourage anyone from
complaining about these
> things to anyone relevant (softpedia, their ISP ...),
chasing them up is
> not a priority for the audacity development team (in
the past I have
> tried to contact the developers directly, but got no
response at all
> from them).

Completely agree, and we get asked every few months about
Mobile 
Ringtone Converter on this list, let alone how often we used
to get
asked about it on -help list. And Andreas, as the link you
posted makes 
clear:
http://www.fsf.org/licensing/licenses/gpl-violation.html


FSF will not help unless they are the copyright holders.
We're on our
own and (at the very least until 1.4.0 is out), there are
better uses of
our time. It's understandable and gratifying that users
should be
concerned, but we should probably point out in the relevant
FAQ the
practical limits to what we can do about this and the many
other
hardcore violators of our and other GPL programs. If a
company 
ever starts distributing on a large scale a new clone of
Audacity called
"Audacity" (or even close enough to be potentially
litigious), then yes
probably that's sufficiently serious that we would act. 


Gale 


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I did forget when I said "We're on our own" that
Software Freedom Law
Center:
http://www.softwarefr
eedom.org/

provides free legal help (and apparently have just extracted
a
settlement from a GPL violator) but it does not change the
fact that at
present I think we have really zero time to chase Mobile
Ringtone 
Converter or similar outfits.


Gale . 

 

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