Why I Hate the GPL, Reason #28342

Posted by Timothy • Topics: Tech Tuesday, October 23, 2007 09:12 AM

Here's a great example of why I hate the GPL:

If that link is broken, just search on Ebay for Microsoft Office and you are bound to run into dozens of items listed actually selling OpenOffice (free, OpenSource, basic "office" package). Now, mind you, I'm not against "selling free software" in all cases because, afterall, CDs cost money to burn, but selling a download link where the proceeds clearly are not going to the person paying bandwidth bills? The download link is FREELY ("as in beer" as the kids say) and EASILY found on the google!

These jerks on Ebay are CLEARLY exploiting those that are looking specifically for good deals on Microsoft Office (it shows up in a "Microsoft Office" search afterall because of a clever title) and see this item and think, "wow, great, where do I sign up?" What these poor consumers don't realize is that they are being swindled out of a few bucks.

This seller is NOT selling a CD burned with OpenOffice (for which $4-5 is fair). He/she is selling a download link -- the thing you find in two seconds on the google! The problem is the target consumers are not particularly savvy and don't KNOW they can find this application for free with a simple search.

Now this example of $4 is not the most egregious offense. I've actually seen completed items going for up to $80 on Ebay. Unfortunately, Ebay has purged the history that far back (this was a couple months ago when somebody emailed me the completed listing). It seems "competition" has forced the link prices to go down since other jackasses have now thought it's a good way to make an easy buck off some poor unsavvy chaps. Jerks. And, no, market pressure didn't resolve this. Four dollars is still too much to pay for something that is free. Especially when all you are selling is the knowledge of the link to download it! Remember that the authors and distributors of OpenOffice are not being compensated here.

And this crap is all perfectly legal under the terms of the GPL. So it's not Ebay's fault.

Good job, FSF. Software freedom is on the march.

« I just submitted RD Tabs to TUCOWS - See you 4.5 years.

Dish Network's DVR External Hard Drive Feature ROCKS! »

Comments (4)

4 comments on article "Why I Hate the GPL, Reason #28342"

Spad

11/2/2007 7:51 AM

I think it's a bit harsh to blame the GPL for unethical eBayers, especially since I could do exactly the same for *anything* regardless of license; because as you pointed out, they're not actually selling the software, just a link to it. That means that even if the GPL explicitly prohibited you from selling software using the license, this would still be legal, as sickening as it is.

Timothy

11/2/2007 9:25 AM

You can't do the same thing for any license. There are some others, I'm sure, with similar clauses, but the GPL being as widespread as it is, is the most notorious for this type of LEGAL behavior. There is no way that 1) Ebay would even allow a sellable download link to Microsoft Office and 2) Microsoft would not sue the pants off whomever was doing it. That would be software piracy to Microsoft and Ebay. Many freeware products (including my own) explicitly state that the software cannot, under any circumstances, be resold. The GPL has a specific provision for profiting off reselling other people's code. Most of the time this is done ethically, such as the various commercial Linux distros. They contribute code, time, resources, and even money, back to the core developers. However, it can be very easily be taken advantage of, as in these Ebay listings. And legally, there is nothing Ebay can do. Ebay can decide they just don't like it so they're going to yank it, but they'd have to modify their listing policy to yank a perfectly legal transaction that they 'just don't like, just because.'

Not ALL of the GPL is bad. I just have issues with the many specific 'political statements' that Stallman inserts into an otherwise fairly sensible licensing agreement. The reselling clause is just absolutely awful.

morth

10/14/2008 8:34 AM

I could legally sell link to your site's download of your freeware app.. I'm not selling your application, I'm selling knowledge of obtaining that application.. It's the same as selling someone address of store where they can buy Microsoft products, or in example selling a book with a list of free applications and links to them..

Timothy

10/14/2008 3:20 PM

morth -

Legal? Yes. Ethical? No. Free software advocates cannot stand on a soapbox and preach how their model of software development is better (and more ethical) for the end user when the rules can be so easily exploited in unscrupulous ways. This is at least as bad as a large corporation bullying the end-user with a overly restrictive EULA. Think about it. The author receives no componsenation for the work, and the end-user is paying money for something that they do not know (until it is too late) is actually free.

Neither example provided helps support the ethical claim of such actions either. Selling the address of a store where you can buy Microsoft products is a poor example because it doesn't make sense. (Does such a business model actually exist?) Selling a book of free products is not the same as selling a single free product under the guise of the product itself not actually being free. (A "free stuff" book is advertised as giving you the knowledge of free stuff. The ad I was referencing makes no mention of OpenOffice being free.)