Legality of selling Linux Mint DVDs In the US with codecs
Forum rules
Do not post support questions here. Before you post read the forum rules. Topics in this forum are automatically closed 6 months after creation.
Do not post support questions here. Before you post read the forum rules. Topics in this forum are automatically closed 6 months after creation.
Legality of selling Linux Mint DVDs In the US with codecs
I asked Clement Lefebvre the following question : "Can I sell any Linux Mint GNU/Linux CD/DVD for money that includes codecs (selling only the physical media and "work")?"
**Note : "Work" was described earlier in the email as "download and burn and include Linux Mint [ISO on a CD/DVD]"
His reply was : "Yes, provided you understand the risk you take in regards to software patents and DVD decryption (don't ask me, I'm not really sure myself). To be 100% safe you might want to sell the CD version (without the codecs) instead."
Could any of you answer or point me to an answer to where I can be absolutely certain? What does he mean by "risk"? Does risk mean the possibility of being sued by Adobe (Flash), Oracle (Java), or another company?
Thanks,
cc11rocks
**Note : "Work" was described earlier in the email as "download and burn and include Linux Mint [ISO on a CD/DVD]"
His reply was : "Yes, provided you understand the risk you take in regards to software patents and DVD decryption (don't ask me, I'm not really sure myself). To be 100% safe you might want to sell the CD version (without the codecs) instead."
Could any of you answer or point me to an answer to where I can be absolutely certain? What does he mean by "risk"? Does risk mean the possibility of being sued by Adobe (Flash), Oracle (Java), or another company?
Thanks,
cc11rocks
Last edited by LockBot on Wed Dec 28, 2022 7:16 am, edited 1 time in total.
Reason: Topic automatically closed 6 months after creation. New replies are no longer allowed.
Reason: Topic automatically closed 6 months after creation. New replies are no longer allowed.
- tdockery97
- Level 14
- Posts: 5058
- Joined: Sun Jan 10, 2010 8:54 am
- Location: Mt. Angel, Oregon
Re: Legality of selling Linux Mint DVDs In the US with codec
Yes, it absolutely means you could be sued by any of the above and probably a few others. That is why Mint offers a no-codec CD version for the US.
Mint Cinnamon 20.1
Re: Legality of selling Linux Mint DVDs In the US with codec
So this means I could not sell the KDE version (no CD version provided) either? And is it not possible to only sell the physical media and "work" done, which giving away Linux Mint 1x KDE GNU/Linux OS (and how would you differentiate this in a court of law)?
Thank you for the quick response.
Thank you for the quick response.
Re: Legality of selling Linux Mint DVDs In the US with codec
YUP:- the US/JP software laws prohibit the sale of propriety software - eg: codec's.So this means I could not sell the KDE version
glad that I don't live in either so - I can use them as much as I want / need to.
as stated above:- if you DO choose to include that software - eg: codec's. - you Could Get Sued - by their owner(s)
It's Your Risk
if think that you May NOT be able to Legally Defend your position:- then take the easier way out:- Don't include . . . . . .
It's NOT just Mint's O/S - here - it's any O/S that Includes that software - eg: codec's.
-> including Mint's parent - Ubuntu.
Please edit your original post title to include [SOLVED] - when your problem is solved!
and DO LOOK at those Unanswered Topics - - you may be able to answer some!.
Re: Legality of selling Linux Mint DVDs In the US with codec
Go here http://www.gnu.org/licenses/license-list.html and give it a read. Enjoy
Re: Legality of selling Linux Mint DVDs In the US with codec
This is something I wrote up in my spare time. If I had my customers sign this before they received the physical media, would the signature make it legal to sell the media?
I agree that hardware or software purchased from [name] may harm my computer, and that I will not hold him or any of his associates liable for any result from use of the purchased software or hardware. Furthermore, I understand that I am paying for the physical material (CD, DVD, or USB), the act of downloading the software from an online system, and the "burning" of the information unto the media. I understand that I am NOT paying for the actual information contained on the media, but for the physical medium for the software and the work done to be put on the disk. I agree to hold harmless [name] or anyone associated with the sold products. I understand that [name] does NOT own the software, and that he cannot be held liable for any issues contained. I also agree to follow any laws for the software enclosed on the physical media.
Thanks,
cc11rocks
I agree that hardware or software purchased from [name] may harm my computer, and that I will not hold him or any of his associates liable for any result from use of the purchased software or hardware. Furthermore, I understand that I am paying for the physical material (CD, DVD, or USB), the act of downloading the software from an online system, and the "burning" of the information unto the media. I understand that I am NOT paying for the actual information contained on the media, but for the physical medium for the software and the work done to be put on the disk. I agree to hold harmless [name] or anyone associated with the sold products. I understand that [name] does NOT own the software, and that he cannot be held liable for any issues contained. I also agree to follow any laws for the software enclosed on the physical media.
Thanks,
cc11rocks
Re: Legality of selling Linux Mint DVDs In the US with codec
It does not address the core problem of infringement but I suspect it would provide evidence of collusion. But then again what the heck do I know about the law? Good Luck
Re: Legality of selling Linux Mint DVDs In the US with codec
If this is the case How do OSDisc and other Co Sell Linux Distros?
I build Linux Systems and sell (Included in Price of system) the DVD of Mint and a Clone of the New HD,Also when i install Linux on a Computer
I don't think you will have any problems as long as Linux Mint Don't come after you The most you will get is a C&D Order
Most of this Is FAIR USE
I build Linux Systems and sell (Included in Price of system) the DVD of Mint and a Clone of the New HD,Also when i install Linux on a Computer
I don't think you will have any problems as long as Linux Mint Don't come after you The most you will get is a C&D Order
Most of this Is FAIR USE
Re: Legality of selling Linux Mint DVDs In the US with codec
I'm thinking of possibly getting with a friend and distributing a few DVDs for a low price (cost of the individual medium) here in my town. Might need to find a place to get permission for this and also write a disclaimer and something explaining the legality of the software in question (Linux Mint and any other distro that my friend might want to include). This way we can help spread Linux in our small town.
Re: Legality of selling Linux Mint DVDs In the US with codec
I don't see an issue. I downloaded the full DVD with codecs (I think) from a US university..And there were other US places where this was also available.
Re: Legality of selling Linux Mint DVDs In the US with codec
I suspect there is a legal difference between downloading off the net (where the recipient could be located anywhere in the world) and selling software with propitiatory code within in the US boarders. It really comes down to a licensing question best handled by someone versed in the law. Good LuckElMugroso wrote:I don't see an issue. I downloaded the full DVD with codecs (I think) from a US university..And there were other US places where this was also available.
Re: Legality of selling Linux Mint DVDs In the US with codec
Instead of doing I want to sell Mint CDs in the USA, why not work with Clem + Mint distribution channels and get permission to do so..
--which might remove the risks of being sued from you directly
--if you were giving the Cd's away for the cost of burning (or have the people who want it provide you with the blank CD or DVD), you probably could do that with little risk, since Linux operates usually with a copyleft policy, you can share it and install it on any number of computers
--since it is already freely available on the Internet.
--which might remove the risks of being sued from you directly
- Unless Clem isn't interested in such a deal, then take the risk if you are ready to do so..
--it might or might not be a small risk, since IP/copywrite holders are becoming more litigious, when they find someone getting away with making profit from their works..
--if you were giving the Cd's away for the cost of burning (or have the people who want it provide you with the blank CD or DVD), you probably could do that with little risk, since Linux operates usually with a copyleft policy, you can share it and install it on any number of computers
- Making a profit or selling a product changes the dynamic, and increases the scrutiny you may come under..
--since it is already freely available on the Internet.
Re: Legality of selling Linux Mint DVDs In the US with codec
No absolute difference in buying it in the USA and taking it and using it in another country that I can see..Maybe pay sales tax.monkeyboy wrote:I suspect there is a legal difference between downloading off the net (where the recipient could be located anywhere in the world) and selling software with propitiatory code within in the US boarders. It really comes down to a licensing question best handled by someone versed in the law. Good LuckElMugroso wrote:I don't see an issue. I downloaded the full DVD with codecs (I think) from a US university..And there were other US places where this was also available.
Plus, I wonder WHO would be interested enough in sueing, and I am sure that thousands are downloading and using in the USA.
Also, sueing is usually done due to economic damagae, and I just don't see any one relly suffering enough to sue.
Re: Legality of selling Linux Mint DVDs In the US with codec
While I wouldn't do this (I've given away the cd version to a few people for free), I don't see how they would know you sold this unless you sold a lot of them and I don't know how they would prove that you sold anything because it's in cash. However, it is illegal and you put yourself at risk.
Re: Legality of selling Linux Mint DVDs In the US with codec
Well then I bow to you superior knowledge of the legal system. Like I said I am not versed well enough in the law to be sure of my position.ElMugroso wrote:No absolute difference in buying it in the USA and taking it and using it in another country that I can see..Maybe pay sales tax.monkeyboy wrote:I suspect there is a legal difference between downloading off the net (where the recipient could be located anywhere in the world) and selling software with propitiatory code within in the US boarders. It really comes down to a licensing question best handled by someone versed in the law. Good LuckElMugroso wrote:I don't see an issue. I downloaded the full DVD with codecs (I think) from a US university..And there were other US places where this was also available.
Plus, I wonder WHO would be interested enough in sueing, and I am sure that thousands are downloading and using in the USA.
Also, sueing is usually done due to economic damagae, and I just don't see any one relly suffering enough to sue.
Re: Legality of selling Linux Mint DVDs In the US with codec
Monkeyboy,
Please don't take these things personally. I stated my opinion, which like that of any one, of course, is limited.
Surely you know, as well as most, that that which is legal is not necessarily right; and that which is not legal is not necessarily evil.
The best to you.
Please don't take these things personally. I stated my opinion, which like that of any one, of course, is limited.
Surely you know, as well as most, that that which is legal is not necessarily right; and that which is not legal is not necessarily evil.
The best to you.