Ebay sales of UBCD

Message

tmjack · #1 Post by **tmjack** » Mon May 16, 2005 11:34 am

Just curious, somebody please explain...
Why is it NOT Ok to sell UBCD on ebay or other places, but it IS Ok to pay someone to put UBCD on a CD for you, as indicated on the "Getting a Physical Copy" page of the website, http://www.ultimatebootcd.com/physical.html? Isn't that basically the same thing? The product is still UBCD, and it is made clear on these auctions.

#2 Post by **Victor Chew** » Mon May 16, 2005 11:18 pm

My stand on this:

I take no issue with someone selling the UBCD, with or without my
knowing i.e. they don't need my permission to sell it.

I only take issue with the fact that some of these guys have removed the
link back to the UBCD website, which is currently present on all the
UBCD menus.

Why?

It is OK if someone knows the UBCD can be obtained for free, and still
decide to "buy" a physical CD because of other reasons eg. convenience,
packaging, material etc.

It starts to smell nasty if someone deliberately removes all traces back
to the UBCD website to prevent a potential buyer from knowing it can be
downloaded for free.

nycjeff · #3 Post by **nycjeff** » Sat Oct 13, 2007 4:42 am

in addition to that, I hate when they miscategorize it and gunk up other listings with numerous reposts.

s69 · #4 Post by **s69** » Sun May 17, 2009 8:10 am

UBCD contains programs that are freely available but many of these programs do not have open GPL licence. e.g. DIMM_ID, several Intel CPU programs, Astra, hard disk test programs from disk vendors, Mcafee AV, etc.
It is a common misconception that Freeware can be used by anyone and re-sold by anyone. This incorrect. They cannot be used by a commercial company or sold for profit.
By including these programs in UBCD and by clearly stating that the s/w on UBCD is free to download for private use only and not for re-sale it will prevent people from making a profit on eBay.
Anyone who sells UBCD for profit and does not have the permission of ALL the authors is leaving themselves open to prosecution.

Equally, unless the programs are GPL or suitable openly licensed, or unless you have written permission from the authors, you do not have the right to include them on your website for download.
As the author of DIMM_ID and on behalf of Research Machines, I give you the right to include DIMM_ID v3.1 2001 version on your website

but NOT the right to sell it for profit or to use it for business/commercial use. Thus selling it on eBay is illegal

. I would also hope that you have similar statements from other companies (e.g. Intel) whose programs you are making available for download (if required).

s69 · #5 Post by **s69** » Sun May 17, 2009 8:35 am

Intel Ts&Cs for their CPU/Frequency downloads:

LICENSES: Please Note:
- If you are a network administrator, the "Site License" below shall
apply to you.
- If you are an end user, the "Single User License" shall apply to you.
- If you are an original equipment manufacturer (OEM), the "OEM License"
shall apply to you.

SITE LICENSE. You may copy the Software onto your organization's computers
for your organization's use, and you may make a reasonable number of
back-up copies of the Software, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel
component products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part
of the Software except as provided in this Agreement, and you agree to
prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense or permit simultaneous use of the Software by
more than one user.
5. The Software may include portions offered on terms in addition to those
set out here, as set out in a license accompanying those portions.

SINGLE USER LICENSE. You may copy the Software onto a single computer for
your personal, noncommercial use, and you may make one back-up copy of the
Software, subject to these conditions:

1. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel
component products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part
of the Software except as provided in this Agreement, and you agree to
prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense or permit simultaneous use of the Software by
more than one user.
5. The Software may include portions offered on terms in addition to those
set out here, as set out in a license accompanying those portions.

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