Someone is selling my free software :(

[PB]

Dude, there's probably 100 people named Craig Baldwin in Sacramento.
I've worked in three jobs where I deal with public records and the same
name comes up MANY times in the same area. It's nothing unusual, trust
me. One recent example is I had two men with the name Brian Young who
lived in the very same street, yet they are not related in any way (I asked).
Coincidences like that do happen, and more often than you'd think.

[PB]

Here's an example of what I mean: let's say you were looking for somebody
named "R Baldwin" and you know they lived in Coogee, Australia. Click this
link to see: http://tinyurl.com/ykab6g (Note: You'll have to click "Accept" when
you first get there, to pass the disclaimer, but after you do, just click the link
again to visit the link itself). On the second click, you'll see that there's actually
2 x R Baldwins living in the same street in Coogee... which one is the one you
want? Now do you see what I mean?

[Joakim Christiansen]

Okay it might not be him
But I just think it was weird, hehe.

This is what I wrote him:

I know everythig about you now, I even have your address and phone number, I got two addresses on you actually:

Baldwin, Craig
6730 4th Ave #131
Sacramento, California 95817
United States
Phone: 916-457-7594

Baldwin, Craig
2050 State University Drive
East #110
Sacramento, California 95819
United States
Phone: 916-548-1081

And I have evidence for you selling my free copyrighet and licensed software from this page:
http://satellite-tv-4-pc.com/

Do you want me to sue you?
This could end your whole career and destory your image!

And he answered:

Oh, also, may I ask if you would licence the coftware to me to sell? If so, what fee would you like? If not, no problem. I just removed the software from my website and will not sell it.

Sorry again,

Craig




I'm sorry. I'll take that software
down right away. I purchased this from another website that said I
had full resale rights to it. Very misleading of them. I
will not sell your software anymore. Sorry about this
issue.

Craig

Guys like that really piss me off, damn...
His page is still there btw!

[Tipperton]

There are 5 other pages just like his too (but now owned by him), the net is full of scam like this, and everybody calls it "Satellite TV".
Of course you'll find much files with that name.

Maybe, the only way to really know is to get all three programs...

I almost decided to buy that Satellite TV for PC program, but now that I know you have on for free I'd rather "get it from the source" and if I like it, I'll donate something...

BTW: I do wish you'd chosen a different color scheme for your web site, with my vision (which isn't anywhere near a perfect 20/20), dark blue text on a black background is by no means easy to read...

[Joakim Christiansen]

I almost decided to buy that Satellite TV for PC program, but now that I know you have on for free I'd rather "get it from the source" and if I like it, I'll donate something...

Would be glad for any donation
But it's not as good as his insane description...

BTW: I do wish you'd chosen a different color scheme for your web site, with my vision (which isn't anywhere near a perfect 20/20), dark blue text on a black background is by no means easy to read...

:O Sorry about that, may change it sometime then.

[Tipperton]

Would be glad for any donation
But it's not as good as his insane description...

That's no surprise (nothing against you or your program), I've found that web sites designed that way (a single page with everything centered) generally have very over-inflated descriptions of what they're selling. I view them as Internet versions of Infomercials which are also just as bad at over-inflating their product descriptions.

:O Sorry about that, may change it sometime then.

No problem, and if you and your users like it the way it is, leave it alone, I was just commenting...

[techjunkie]

I've seen at least 10 commercial programs like yours Joakim, so why don't you sell it yourself?

The idea isn't unique, look at XBox Media Center with streaming channels - it has been around for quite a while.

I did a simular program a couple of years ago when I wrote a streaming player in VC++ for Swedish BigBrother.

[Straker]

Back to the Legal question. In the USA, I don't think you would have a case, because for civil suits you would have to show "damages", meaning you lost X amount of money because he was under-cutting your sales. But, since you aren't selling it, you aren't incurring any loss from his sales. This is no different then those people selling OpenOffice CDs on E-bay.

[ricardo]

Back to the Legal question. In the USA, I don't think you would have a case, because for civil suits you would have to show "damages", meaning you lost X amount of money because he was under-cutting your sales. But, since you aren't selling it, you aren't incurring any loss from his sales. This is no different then those people selling OpenOffice CDs on E-bay.

Difference is that in this case licence don't allow to resell.
However, could be not cheap at all to sue them and the result are not very clear. Im sure this people know their business (selling freeware) very well, this is not the first case.

Solution: ask him to stop selling it and change the licence to shareware.

[dell_jockey]

This case demonstrates that even free software needs protection...

If you were to display a popup on starting your software that informs users about who wrote it and that it is free software that may not be sold for any reason; and if you were to protect this software with products from StrongByte or similar; then nobody would want to sell it anymore...

[ricardo]

Are you sure its your software?

Yours download a list of something like 1500 channels and this guy offers 2800+ channels (is he lying?)

BTW, where can i get a 2800 list of channels???

[Straker]

Back to the Legal question. In the USA, I don't think you would have a case, because for civil suits you would have to show "damages", meaning you lost X amount of money because he was under-cutting your sales. But, since you aren't selling it, you aren't incurring any loss from his sales. This is no different then those people selling OpenOffice CDs on E-bay.

Difference is that in this case licence don't allow to resell.
However, could be not cheap at all to sue them and the result are not very clear. Im sure this people know their business (selling freeware) very well, this is not the first case.

Solution: ask him to stop selling it and change the licence to shareware.

I recognize that this person is breaking the license. So it would have to be prosecuted under the DMCA or some other criminal law, because civilly there are no damages. Meaning you would have to see if the county prosecutor in Sacramento would be willing to take the case, but I am sure he's got bigger fish to fry.

Besides, it appears this guy has taken his site down per Joakim's request. Which is probably all a judge would make him do anyway.

Changing the license to shareware idea is probably the best way to go and could offer a level of civil protection.

[ricardo]

Site is down now.

I guess you better talk with him about doing business together. if he knows how to sell the software, and you own the code, make some business... doing business is not a sin!!

[Joakim Christiansen]

I guess you better talk with him about doing business together. if he knows how to sell the software, and you own the code, make some business... doing business is not a sin!!

I would never do business with a guy who tell lies about software to sell it!
That would make me look bad.

And yeah I got him to remove the page now

[Joakim Christiansen]

Are you sure its your software?

Yours download a list of something like 1500 channels and this guy offers 2800+ channels (is he lying?)

BTW, where can i get a 2800 list of channels???

Yes he was lying, that's how idiots sell stuff!

I've seen at least 10 commercial programs like yours Joakim, so why don't you sell it yourself?

Because I think such a software should be free, and it will gain more popularity this way.
And people is always free to donate if they are respectful users.

I am planning to sell software too, but nothing I made yet.