I think the guy's just selling a link to blender.org. I don't think it's a copyright violation, but it might be a violation of eBay's terms of service. Turn him in if you like.
The insertion is in italian ... since i'm italian i think i can understand what he's selling: it's the program, blender. If he respects the terms of GPL license i think he doesn't violate any trademark or the license itself. On the comments page someone says "Ok, i get the software from this guy, but i payed for something freely available on the net"
I think it's clear that he is trying to make money by selling Blender copies. It is not clear what you get when you pay, it might as well be the link to the Blendersite. Although he mentioned that the program is freely available on the net, he makes no attempt to publish the link or the name.
In my opinion it's a violation.
In no place I see the name "Blender" (he writes "3d rendering prof."), nor I see any mention to it being open source software, no links to gpl or lgpl (sorry don't remember exactly which one).
Devas73 wrote:In my opinion it's a violation.
In no place I see the name "Blender" (he writes "3d rendering prof."), nor I see any mention to it being open source software, no links to gpl or lgpl (sorry don't remember exactly which one).
However, under the terms of the GPL and trademark stuff, none of this matters until you get it off of him. The only thing that the blender foundation can do about it is if he changes it and continues calling it blender, or if he doesn't include the source code/point to the CVS when it is purchased.
If he leaves it excactly as is, I'm not sure if the blender foundation can call him out about it, but I doubt it.
If he succeeds in selling it, I might try doing it as
well, it may exploit just how dumb the market is about
programs.. Exploit that theory that its not good if its free,
well is it good if you have to pay for it?
The problem I see with this is that he is using someone elses artwork for commercial perposes without the owners consent. Personally, I would report him if I were the artist.
Whether or not he can get away with it, still is certainly not right for him to be doing and a shame. I think it would be fair enough if he were an active developer and doing this, but it is quite probable he has given nothing back to blender.