Seriously, this does not make me happy...

[jedimark]

Wow.. Looks like I get a double kick in the guts today.

It's been brought to my attention that people are profiting by my hard work, selling copies of SleepyHead on eBay.
(http://www.ebay.com.au/itm/CPAP-Sleep-A ... SwPcVVujPb)

While this is not a legal breach of the GPL, it certainly is a breach of my trust. I am utterly and throughly disgusted that someone would have the audacity to do this.

Looks like I've got to take a some time to reevaluate what I'm doing here software license wise.. It might be time to relicense SleepyHead (which is my legal right)..
Please do not worry, it will still be freely available, but why do people have to try and spoil something good.

I'd appreciate advice here from anyone who's dealt with this kind of thing before.

[Krelvin]

Wow... hard to fathom.

You might have some copyright claim to the layout that you have created to display the raw data your application displays and that they are using the same layouts, program names and other specifics.

You need to get some legal advice about what you can and cannot do.

In general though, if the code is GPL'd, someone can fork a copy of it, play with it, change it and sell it if the can find someone to pay for it.

[robysue]

Wow.. Looks like I get a double kick in the guts today.

Lord what a double blow you are describing in this thread.

I cannot tell you just how offensive I find it that someone would start selling copies of SleepyHead on eBay.

I really wish there were something I could do to remedy this JediMark because this truly sucks.

[Julie]

You need legal advice... we can only be disgusted as well, but unfortunately something as good as you designed is usually destined to be seen as a quick grab by people looking to make money... however they can. You should have it copywritten.

[jedimark]

You need legal advice... we can only be disgusted as well, but unfortunately something as good as you designed is usually destined to be seen as a quick grab by people looking to make money... however they can. You should have it copywrited.

My code is copyrighted. I have a full legal right to relicense my work, and I am under no obligation to continue releasing future code under the GPL, especially if it is going to be abused like this person has done on ebay.

It's just a shame that it had to come to this.

Part of why I did it was because I love open source. But this is part of the open source model I can not agree with, and it looks like I've got no choice but to change it

Maybe there is another free software license that prevents others capitalising on it in such a shameful way.

[kteague]

I'm appalled, but not surprised. Multiple times our family has had stuff online (not software) where our designs were copied and sold on another site. When we had t-shirts with in-house designs, an ebayer in Europe had a wide selections of shirts available, and we found many designs in their ebay store that were 2nd generation low quality copies of legitimate shirt sellers. Sometimes a threat to the seller will get them to take it down, but usually they just open a new account and rename the product. Sometimes a report to ebay works. Don't know the expense of product license, or how much it protects you in these situations. I hate to hear you are having this problem. Hopefully someone with software theft experience can give you input. I'm wondering how you found it. Didn't see the word Sleepyhead on it. Daggone shame someone has to be a detective just to protect themselves from wolves.

A relative of mine has music online, both originals and covers. They have had people try to claim YouTube ad revenue on copies of their music. Thieves are bold. Hopefully you get some resolution. Looking forward to hearing how things develop.

[Thatgirl]

The good news is, I can't imagine they'll have much luck selling it. Hopefully any one taking enough initiative in their treatment to be looking on eBay for CPAP and interested in CPAP software would find Sleepyhead im their travels, first. Thank you so much for the wonderful work that you do.

[chunkyfrog]

What a shame!

[Michelle-OH]

That's terrible that someone would take advantage like that!

[Sonnyboy]

Hi Jedimark,

I hope there is a way to stop this jerk and also to get him to send you his profits. What he is doing is not ok.

Last night I found another site where your Sleepyhead is being sold.

http://tenstherapy.com.au/cpap-sleep-an ... re-cd.html

CPAP Sleep Analysis software CD - CPAP Sleep Analysis softwareWith comprehensive 96 page illustrated instructionsMust Have

Also, I sent you a pm

[McSleepy]

If it's any consolation, those crooks probably haven't sold a copy and never will. What they are doing is a basic scam, because although it may not be illegal to sell a compact disk with some data on it, thus technically not violating the software copyright, they are violating business laws, such as false advertising, and certainly eBay's policies. That vendor has existed for quite a few years and you could get them reprimanded with a complaint to eBay, but it's probably not worth it. The few people who are gullible enough to just buy software off a vendor/listing like that will bite on anything. But there are so few of them nowadays that you are not really missing on any great opportunity.

Many years ago a person contacted me after having bought a CD with my software from eBay (in its growing-pains years) only to find my full contact info and free download instructions on the software. I refused his and others' donation offers because I didn't need it and felt that I could not produce and support the software to my standards any longer, but its value had nothing to do with the desire of crooks to profit from it: they don't need a strong bait, they just need dumb fish. So, don't worry about it and maybe don't spend much effort in trying to fight it. The only use of any extended licensing or protection schemes is to cause legitimate users who are otherwise reluctant to send donations to make payments, if you decided to take it commercial. But if you are going to keep it free, especially open-source, my advice is to save yourself the aggravation and simply ignore them.

McSleepy

[Sir NoddinOff]

Hi Jedimark,

I hope there is a way to stop this jerk and also to get him to send you his profits. What he is doing is not ok.

Last night I found another site where your Sleepyhead is being sold.

http://tenstherapy.com.au/cpap-sleep-an ... re-cd.html

CPAP Sleep Analysis software CD - CPAP Sleep Analysis softwareWith comprehensive 96 page illustrated instructionsMust Have

Also, I sent you a pm

What a jerk that person is... go to the bottom of the page linked above and they're asking twice or three times the price for CPAP supplies. A crooked jerk... and in Australia no less. Plus that's taking into account the rate of exchange. AU=1.31 vs US=1.00

[Wulfman...]

That old saying applies......."No good deed goes unpunished."

I'm also sorry to see that and appreciate all the work you've done with the Sleepyhead software. (even though I can't use it)

But, if you have copyrights on it, I would think that you should be able to apply some leverage to Ebay to get that seller banished from selling your (free) software.
It's even sadder that the seller is in your own country.
I would think it would be fairly simple to find out who and where they are.


Den

.

[sc0ttt]

I remember seeing something like this with OpenOffice. There were multiple sellers claiming that it was free software and all they were doing was putting it on a disk to help people that had slow or unreliable internet connections or something. Seemed kind of silly but maybe they had a need they were filling.

Maybe that's kind of the same thing with Sleepyhead except you're obviously not Sun Microsystems.

I wonder if there's a way you could actually partner with these guys and get some funding rather than just getting mad... as legitimate as your anger is.

[ChicagoGranny]

It's been brought to my attention that people are profiting by my hard work, selling copies of SleepyHead on eBay.
(http://www.ebay.com.au/itm/CPAP-Sleep-A ... SwPcVVujPb)

The listing was ended today with one copy sold.

I would not contact a lawyer at this point. There is a "Report Item" button beside every item sold on Ebay. You could use this as a start.

These people, http://tenstherapy.com.au/index.php?rou ... on/contact, I would call and ask to speak to the general manager.