Freeware on Ebay - Legal or not

[sanguru]

A friend of mine just caught someone selling his freeware on ebay and I was wondering if there is anything he can do to get the creep.

I read the license included with the freeware and it states as follows:

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1. You may copy and distribute verbatim copies of the Library's complete source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and distribute a copy of this License along with the Library.

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You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
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Just wondering if there is something we could do to get this guy for making money from something that was being given away for free.

 

[seniorjudge]

Q: Just wondering if there is something we could do to get this guy for making money from something that was being given away for free.

A: Have you talked to the person selling it?

 

[sanguru]

Yes. My duddy did.

The guy apologized, he's ebay account was shut down and he seems to have stopped selling it. But he is not offering any restitution.

 

[seniorjudge]

What was the dollar amount of your direct damages?

 

[sanguru]

We do not know.

 

[seniorjudge]

We do not know.

Then you have no case.

No damages, no case.

 

[eolaw]

If you do not intend for people to distribute your software for a profit, edit the license and expressly prohibit distribution for a fee exceeding the nominal cost of reproduction. You may not have a case against past users but will prevent future abuse.