Can I sell Linux mint with hardware in India...?

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NRG600
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Can I sell Linux mint with hardware in India...?

Post by NRG600 »

I was thinking about opening a website and sell some customizable PC and laptops and I want to use Linux mint as my primary operating system on those machines.

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Re: Can I sell Linux mint with hardware in India...?

Post by deepakdeshp »

If I have helped you solve a problem, please add [SOLVED] to your first post title, it helps other users looking for help, and keeps the forum clean.
Regards,
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I am using Mint 19.3 Cinnamon 64 bit with AMD A8/7410 processor . Memory 8GB

Kadaitcha Man
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Re: Can I sell Linux mint with hardware in India...?

Post by Kadaitcha Man »

deepakdeshp wrote:
Sun Jan 12, 2020 11:09 pm
https://askubuntu.com/questions/93688/c ... -installed
Same should apply to Mint too.
I'm inclined to say that's quite incorrect so it's best to wait for someone who knows better than making wild, unfounded assumptions.
Last edited by Kadaitcha Man on Sun Jan 12, 2020 11:25 pm, edited 1 time in total.
It's kad-eye-cha, not kada-itcha.

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Re: Can I sell Linux mint with hardware in India...?

Post by Kadaitcha Man »

NRG600 wrote:
Sun Jan 12, 2020 9:31 pm
I was thinking about opening a website and sell some customizable PC and laptops and I want to use Linux mint as my primary operating system on those machines.
viewtopic.php?p=794848#p794848

Read that. It tells you what you need to know and what to do.
It's kad-eye-cha, not kada-itcha.

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absque fenestris
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Re: Can I sell Linux mint with hardware in India...?

Post by absque fenestris »

NRG600 wrote:
Sun Jan 12, 2020 9:31 pm
I was thinking about opening a website and sell some customizable PC and laptops and I want to use Linux mint as my primary operating system on those machines.
This company does that in Germany: the customer has the free choice whether he does not get an operating system, a Linux system or a Windows of his choice, but for an extra charge:

https://www.solo-entertainment.de/PC-SY ... :2_10.html
Linux Mint 18.3 Sylvia (Mate) 32-bit - Acer D250 Netbook (Intel Atom N270, 2 GB RAM, 120 GB SSD)
Linux Mint 17.3 Rosa (Mate) 64-bit - MacBook Pro 15" (Intel Core2 Duo, 8 GB RAM, 240 GB SSD) - with some separation difficulties...

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GS3
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Re: Can I sell Linux mint with hardware in India...?

Post by GS3 »

NRG600 wrote:
Sun Jan 12, 2020 9:31 pm
I was thinking about opening a website and sell some customizable PC and laptops and I want to use Linux mint as my primary operating system on those machines.
Some considerations come to my mind:

Opinions you get here are worth what you paid for them. Good advice, like bad advice, costs nothing and it's worth the price.

Controlling law is local law. Whatever another country legislates is of no bearing or consequence in your jurisdiction.

If you want reliable legal opinion you need to consult a lawyer licensed to practice in your jurisdiction. Not only with respect to the written law but to uses and customs. Many things may be technically not legal and yet may be common practice.

Having said all this, in general terms you should be OK if you sell computers with Linux Mint installed provided (1) you do not make changes to the software if you keep the brand name and (2) you do not use the LM trademark to imply endorsement or coverage of anything else. So, you should not imply the LM brand covers the hardware (because the HW is not Linux Mint) or that it covers the OS if it has been modified (because it is no longer LM). In summary: As long as you do not represent that the brand covers something it does not cover you should be fine.

Look at it this way: you can sell a blank computer and install LM on the buyer's behalf and even charge for doing so. So you could say Computer model dfg-56, no OS: $789, LM installed: add $15, MS-Windows license and install: add $300. The OS installation can just be one more item in the configuration menu.

In other words, if you are selling PCs customizable in HW and SW I cannot see anything wrong in charging a fee to install Linux Mint or any other OS. The customer could do it and you can do it for them. You can also charge for SW support and maintenance so long as you do not represent yourself as being an agent or representative of the brand.

In practical terms a small operation in a remote country is not even going to get noticed. And even if the brand owner has a problem with something you are doing the first thing I would expect would be a "cease and desist" letter which allows you to decide what to do next.

I am not a lawyer licensed anywhere.
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Re: Can I sell Linux mint with hardware in India...?

Post by rickNS »

He's obviously selling used machines, NOT an OEM, so I see no problem.

There are 339 thinkpads on ebay.ca today with linux as the OS for sale, if it was....well that's proof enough.
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Re: Can I sell Linux mint with hardware in India...?

Post by Pjotr »

Kadaitcha Man wrote:
Sun Jan 12, 2020 11:25 pm
NRG600 wrote:
Sun Jan 12, 2020 9:31 pm
I was thinking about opening a website and sell some customizable PC and laptops and I want to use Linux mint as my primary operating system on those machines.
viewtopic.php?p=794848#p794848

Read that. It tells you what you need to know and what to do.
No, it most certainly does not. :mrgreen:

That thread is about redistributing a customized Linux Mint, not about selling customizable computers (i.e. hardware) with the normal Mint on them.
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Re: Can I sell Linux mint with hardware in India...?

Post by trytip »

of course you can, linux mint is open source.
but like GS3 mentioned, you'd better be sure about the local laws and better be damm sure about copyrights. i know a youtuber who is fined $2000 USA for a single clip of few seconds sample which do not belong to them and they used quite a few. when you make money, someone will always try to get their hands on some or all of it
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GS3
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Re: Can I sell Linux mint with hardware in India...?

Post by GS3 »

rickNS wrote:
Mon Jan 13, 2020 9:32 am
He's obviously selling used machines, NOT an OEM, so I see no problem.
Not obvious to me but, in any case, it is not relevant. The issue is the commercial sale of Linux Mint installed on computers and I do not think it makes much difference whether it goes with new or used hardware.
rickNS wrote:
Mon Jan 13, 2020 9:32 am
There are 339 thinkpads on ebay.ca today with linux as the OS for sale, if it was....well that's proof enough.
Canada and India are different jurisdictions subject to different laws and regulations.

Plus, there are many flavors and trade marks of Linux. "Linux Mint" is a more restricted brand than a generic "Linux".

In very general terms it would not be allowed to misrepresent a product as being "Linux Mint" without permission from the owner of the brand. So, it would not be allowed to represent the hardware as being "Linux Mint" and it would not be allowed to substantially alter the OS and represent it as being "Linux Mint".

But you should be able to sell a computer with Linux Mint installed on it. I can't see why not.
HP Compaq Elite 8300 CMT - Linux Mint 18.2 Sonya - Kernel 4.4.0-171-generic X64 - Cinnamon 3.4.4 - Nemo

Kadaitcha Man
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Re: Can I sell Linux mint with hardware in India...?

Post by Kadaitcha Man »

Pjotr wrote:
Mon Jan 13, 2020 9:48 am
Kadaitcha Man wrote:
Sun Jan 12, 2020 11:25 pm
NRG600 wrote:
Sun Jan 12, 2020 9:31 pm
I was thinking about opening a website and sell some customizable PC and laptops and I want to use Linux mint as my primary operating system on those machines.
viewtopic.php?p=794848#p794848

Read that. It tells you what you need to know and what to do.
No, it most certainly does not. :mrgreen:

That thread is about redistributing a customized Linux Mint, not about selling customizable computers (i.e. hardware) with the normal Mint on them.
"In any case if you'll be using the trademarked product for commercial purposes.) So please contact Clement for permission at root@linuxmint.com."
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Pierre
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Re: Can I sell Linux mint with hardware in India...?

Post by Pierre »

typically, you could charge an Fee to Install the LinuxMint System, as suggested,
- the original & UN-modified installation, that is.

it could be an package deal, where, as suggested, it would be one of a few Installation options.
:)
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GS3
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Re: Can I sell Linux mint with hardware in India...?

Post by GS3 »

Kadaitcha Man wrote:
Tue Jan 14, 2020 6:56 am
"In any case if you'll be using the trademarked product for commercial purposes.) So please contact Clement for permission at root@linuxmint.com."
Again, I am not a lawyer and I have no idea of how things might be in the OP's jurisdiction but I would not ask for permission unless I was certain that I was legally required to do so because I believe chances are it might be more prejudicial than beneficial.

If I were the OP I would probably go ahead and just sell computers with Linux Mint installed making sure I am not infringing on the trade mark. If anyone has any complaints, which I doubt, they will let you know and you can go from there.
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Re: Can I sell Linux mint with hardware in India...?

Post by Pjotr »

GS3 wrote:
Tue Jan 14, 2020 7:19 am
If I were the OP I would probably go ahead and just sell computers with Linux Mint installed making sure I am not infringing on the trade mark. If anyone has any complaints, which I doubt, they will let you know and you can go from there.
You've hit the nail on the head. That's my advice as well.
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Re: Can I sell Linux mint with hardware in India...?

Post by Hoser Rob »

ANyone who's going to pay over the odds for a preloaded Mint laptop is likely going to expect some support. Are you actually capable of doing that?

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Re: Can I sell Linux mint with hardware in India...?

Post by Petermint »

Most of Linux is GPL 2 or 3 and the GPL allows distribution with a charge for the media and some time to prepare the media. The optional proprietary codecs and some other items have different licenses. Some of the other licenses are limited by the country you can sell to. You might have to leave them out.

The GPL places the responsibility on you for providing the source code. You would have to provide links to the downloads you use for the Linux software.

When the user starts the machine, they will need Internet access to get the latest updates. Are you going to connect the machine and apply updates before you ship? Are you going to select the right kernel to handle all the chips in the machine? How will you support your customers? You need to tell them before they buy.

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