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Date:      Thu, 27 Jul 2000 13:17:40 -0500 (CDT)
From:      Mike Meyer <mwm@mired.org>
To:        questions@FreeBSD.ORG
Subject:   questions-digest V4 #1788
Message-ID:  <14720.31940.975964.313440@guru.mired.org>
In-Reply-To: <bulk.94551.20000726233201@hub.freebsd.org>
References:  <bulk.94551.20000726233201@hub.freebsd.org>

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> > Is it legal to sell FreeBSD for money ($1000?) to customers without
> > telling them it's free before they pay? Any rules for this?
> Tell your clients you are selling the service (installation,
> troubleshooting, ... consulting) for a $1000.  The software is free.
> I don't think anyone can legally sell something which is free for everyone.
> However, you can charge the media (the CD) for $1000 if you like.

Actually, you can't legally sell something you don't own. Legal
protection for software is copyright law. The sundry owners of FreeBSD
allow anyone to make copies of it under specific conditions. Neither
of them place dollar limits on the cost of copying, though GNU
restricts what can be charged for. You can legally charge whatever you
can get away with for a CD with FreeBSD on it or a system installtion
- i.e., a *copy* of FreeBSD. You can't sell FreeBSD itself, though. In
both cases you need to read and understand all the relevant licenses
(the FreeBSD license and the GPL).

As for something that really is "free for everyeone" - meaning it's in
the public domain (something that doesn't happen very often any more),
you can legally put a copyright on that and sell it. You can't legally
claim it as your own work, which leaves the potentially embarrassing
problem of explaining how you got the copyright.

In fact, taking something that is PD (or covered by a BSD-like
license) and forming a company to market it is a standard industry
practice.

	<mike







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