[gimp-web] content: improve the "Selling GIMP" page.



commit 8e9fb822fafbecc0f4a76f3fef5b02f7bde08b63
Author: Jehan <jehan girinstud io>
Date:   Fri Sep 24 17:27:08 2021 +0200

    content: improve the "Selling GIMP" page.
    
    - Add a "Can it sometimes be illegal?" section.
      * Though the page talks about the license again and again, I think it
        is worth stating explicitly that not following the GPL terms would
        make the sell illegal. In particular, the vendor must provide the
        source and also show the copyright notice (i.e. the license)
        conspicuously.
      * The logo also has a license (CC by-sa 3.0) and an author (Jakub
        Steiner) so the many vendors reusing this file should also respect
        this license.
      * We clearly encountered cases where the distribution was illegal
        regardless of the license. For instance, free software does not
        allow you to pretend being the developers. And when you do dangerous
        things with the code, make data and privacy unsafe or let people run
        any scripts on remote servers, this is a problem. [people in the
        team will know which third-party packages I am talking about!]
    - Fix a bit the "I bought GIMP without knowing that it was Free
      Software" section. It was clearly mixing Free Software (in the
      title-question) and free-of-charge (in the text-answer). I modified it
      so that it talks about both subjects.
    - Update "Where can I buy a copy of GIMP?" section: we don't list
      anymore any links to third-party packages being sold. So remove the
      part saying this. Add a link to our download page as being the place
      to look at, with a mention of other platforms without packages (*BSD
      or whatnot for instance, which have their own repositories or alike).
      And finally add a link to the donation page (you don't have to buy,
      but you can donate!).
    - Update the "Be honest" part of the recommendations to vendors with a
      sentence proposing people to tell explicitly they are not the
      developers and linking us. It indeed looks like the most daring part
      of bad faith vendors is when they make it seem like they are somehow
      official.

 content/about/selling.md | 82 +++++++++++++++++++++++++++++++++++++++++++-----
 1 file changed, 75 insertions(+), 7 deletions(-)
---
diff --git a/content/about/selling.md b/content/about/selling.md
index 1021186d..cf514c7f 100644
--- a/content/about/selling.md
+++ b/content/about/selling.md
@@ -16,25 +16,93 @@ Foundation">FSF</span> site.
 
 Besides the rights and conditions given by the GPL, it would also be nice (but not required) to mention in 
any advertising that the product being sold is GIMP (or a bundle including GIMP) or is derived from it.
 
+## Can it sometimes be illegal?
+
+We are no lawyers, but there are clearly some cases where vendors are
+bordering on illegality (sometimes even clearly illegal). We encountered
+many such cases across the years. If you do too, you would be right to
+contact the vendor first. Maybe they didn't do it maliciously and will
+be happy to comply swiftly.
+
+If the vendors do not react positively, contacting the selling platform
+might be the next right step. Unfortunately some platforms are happy to
+ignore their customers, but if enough people complain, they may react.
+
+Here is a non-exhaustive list of problematic cases:
+
+* Per the license, the vendor must keep the license, include it with the
+  copies and display appropriate copyright notices in a conspicuous
+  manner. See [sections
+  4.](https://www.gnu.org/licenses/gpl-3.0.en.html#section4) and [5. of
+  the GNU General Public
+  License](https://www.gnu.org/licenses/gpl-3.0.en.html#section5).
+* Per the license, the vendor must provide the source code (original or
+  modified one depending on whether it is a verbatim or modified copy of
+  GIMP). See [section 6. of the GNU General Public
+  License](https://www.gnu.org/licenses/gpl-3.0.en.html#section6).
+* Our logo/mascot, Wilber, also has a [license and
+  author](/about/linking.html#wilber-the-gimp-mascot) which must be
+  respected if the image is reused and/or modified. In particular, the
+  current version is licensed as [Creative Commons by-sa
+  3.0](https://creativecommons.org/licenses/by-sa/3.0/), so the original
+  author must be given credit in all distributions and any modified
+  version must be in the same license.
+* Regardless of any license, third party vendors should not pretend to
+  be the core GIMP team or to be mandated by us. If they do, this is
+  impersonation of other people, which is illegal in most countries. In
+  the best case, they should honestly display that they are packaging a
+  software developed by others with a link to
+  [gimp.org](https://www.gimp.org/). Often though, many vendors remain
+  vague, which is not illegal, though clearly not the most good faith
+  approach.
+* If any modification of the software is itself illegal or unsafe, it
+  could be a cause for taking it down. For instance, we saw some vendors
+  providing GIMP with modified heinous texts and on remote servers with
+  no secure separation between various people's documents (which raise
+  privacy and data safety concerns).
+
 ## Are the developers associated with companies selling GIMP?
 
 No. The GIMP developers are not associated with the companies selling copies of GIMP. We may be in contact 
with some of them from time to time when they contribute some improvements to GIMP. Some of them have also 
made [donations](/donating/) to the GIMP developers (sponsoring for the GIMP developers' conference). But 
none of the developers has direct financial interest in these companies.
 
-## I bought GIMP without knowing that it was Free Software
-
-Unfortunately, some companies selling GIMP do not always mention in their advertising that the software that 
they are selling can also be obtained for free. Sometimes GIMP is combined with additional software or 
artwork that adds value to the package, but sometimes what you get is not much more than what could otherwise 
be downloaded for free. If you have purchased such a copy of GIMP and you feel cheated, then you should 
complain to the vendor.
-
-However, if the vendor did not make the complete corresponding source code for their version of GIMP 
available to you as required by the GPL, then the vendor may have violated the license and may be liable for 
copyright infringment. Please try to clarify the situation with the vendor _before_ reporting any GPL 
violation to the GIMP developers. In any case, you should refrain from making public statements about the 
potential GPL violation before you have contacted the vendor. Notifying the developers too early of making 
public statements about the potential GPL violation may limit the legal options available to the developers 
(copyright owners).
+## I bought GIMP without knowing that it was Free Software and available free-of-charge
+
+Unfortunately, some companies selling GIMP do not always mention in
+their advertising the origin of this software. In particular, they
+don't mention the licensing or that the software that they are selling
+can also be obtained for free. Sometimes GIMP is combined with
+additional software or artwork that adds value to the package, but
+sometimes what you get is not much more than what could otherwise be
+downloaded for free. If you have purchased such a copy of GIMP and you
+feel cheated, then you should complain to the vendor.
+
+However, if the vendor did not make the complete corresponding source
+code for their version of GIMP available to you as required by the GPL,
+then the vendor may have violated the license and may be liable for
+copyright infringment. Please try to clarify the situation with the
+vendor _before_ reporting any GPL violation to the GIMP developers. In
+any case, you should refrain from making public statements about the
+potential GPL violation before you have contacted the vendor. Notifying
+the developers too early of making public statements about the potential
+GPL violation may limit the legal options available to the developers
+(copyright owners).
 
 ## Where can I buy a copy of GIMP?
 
-We do not sell GIMP from this web site. However, the platfom-specific pages contain links to packages 
provided by several individuals or companies, and some of them are selling GIMP. Please have a look at the 
page related to the platform you are using (UNIX, Windows or macOS) and see if you can find anything 
interesting there.
+We do not sell GIMP from this web site. We provide it free-of-charge on
+our [download page](/downloads/) for several platforms. Other platforms
+for which we don't create builds often have their own distribution
+methods with their third-party GIMP package.
+
+If you believe our work deserves to be funded, we welcome
+[donations](/donating/). This helps us improving GIMP further and is our
+alternative to "buying" the program.
 
 ## Recommendations for those who sell copies of GIMP
 
 If you or your company intend to sell GIMP, it would be nice to follow these guidelines:
 
-1.  **Be honest**. Do not try to hide the fact that the product that you are selling is or contains GIMP 
(the GNU Image Manipulation Program). Mention it in any advertisement.
+1.  **Be honest**. Do not try to hide the fact that the product that you are selling is or contains GIMP 
(the GNU Image Manipulation Program). Mention it in any advertisement. Also state explicitly that GIMP is 
developed by other people, ideally with a link to [our website *gimp.org*](https://www.gimp.org/).
 2.  **Add value**. Try to provide more than what can be found in the default GIMP package. Include a nice 
installer, additional plug-ins, some nice artwork, some custom brushes and textures, your own tutorials and 
documentation, printed copies of the documentation, etc. There are many ways to add value to GIMP and to make 
your customers happy.
 3.  **Respect the GPL**. The GPL requires you to make the source code available. The best solution is to 
include the source code on the same medium as the GIMP installation package, but you can also include a 
written offer to supply the source code on request. Note that you cannot simply give a link to the GIMP ftp 
mirrors: it should be the exact source code that was used to compile the binary package that you are selling 
and you have to cover the costs of redistribution yourself. If you sell and distribute the binaries online, 
the GPL requires you to make the source code available "from the same place" so giving a link to the GIMP 
mirrors is not sufficient (see also [this section of the GPL 
FAQ](https://www.gnu.org/copyleft/gpl-faq.html#SourceAndBinaryOnDifferentSites)).
 4.  **Support your users**. If the version of GIMP that you are selling is modified in any way, you should 
inform your users and try to handle the support requests related to that version. Providing good support is 
another way to make your customers happy.


[Date Prev][Date Next]   [Thread Prev][Thread Next]   [Thread Index] [Date Index] [Author Index]