FSPlanet - Illegal distribution of Licensed Produc

[Hagar]

I don't like to be a wet blanket but we've been here many times before. I sympathise as I've had my own files pirated in the past, not by FSPlanet. Not only that but they were being offered for sale on CD without any credit to me. If this Ferdy character is not selling your files or charging a fee to download them I really don't think there's much you can do about it.

Never having come across the term SELECTWARE before I did a quick search on Google. Apart from the reference on http://www.gjsmith.net/home.htm all that shows up is an old software application & a company in Michigan named SelectWare Technologies, Inc. If this is not an internationally recognised term I don't think it would stand up in court anywhere in the world. Bazza is quite correct & the only people likely to gain anything out of it are the lawyers.

I'm not convinced that restricting legal downloads of freeware to one or two selected sites is the way to go. I've always thought the best way to fight these pirates is to make freeware files easily available on the big respected sites like Simviation, Avsim & Flightsim.com. Then nobody would need to visit FSPirate to download anything.

I hope you don't find my comments negative as I DO sympathise. I'm simply playing Devil's Advocate.

[WebbPA]

I haven't been to fsplanet in a while.  It looks like he took down his forum - probably nothing but piracy complaints.  I noticed it took him about 2 days to post my restricted distribution KingAir panel.

I'd like to suggest another tactic.  Write to his sponsors and tell them that you will not buy any of their products as long as they advertise on his site.

[Pinchaser...]

whenever i try downloading stuff there, i ALWAYS get a server busy responce from folFTP, their provider.... ive always thought it was a nasty ploy to get people to sign up for their pay membership...

[Ivan]

volftp has a paid and a free section.
as the thing runs LOADS of other stuff (download.com mirror or something like that) it's always full

FSPlanet seems to have a filter set to dump anything with either 'piracy' or a specific mail adress into the waste bin...


Writing to the sponsors... that has been tried already, but he jsut gets another one... average 'red x' time is about a week the last time some guys from here tried

[Pinchaser...]

im glad simV has dignity and respect for its users. thanks pete!

[Chris_F]

I don't understand the basis for your lawsuit.  IIRC in order to make a claim you must be able to show damages of some sort.  How much revenue to you recoup when a file is downloaded from one of your pre-approved distributors?  If the answer is zero then illegal downloading doesn't cause you any harm.

Claiming a $2 fee for any unapproved distribution is a bit odd as well (and likely unenforceable).  If you offer distribution for a fee then by definition the distribution method is approved.  The circular logic is probably enough to make such a restriction unenforceable.

If you provided the files to your approved distributors and they receive revenue in some way for that content (ad revenue from folks visiting the site to get your download) then THEY may have a case against FSPlanet (since they are experiencing real damages).  But then they would have to show that they have some sort of exclusive claim over the content.  Do you have a contract with them?

What kind of copyright do you have to this material?  It's possible that you've surrendered your rights to the material by making it available in the manner you did.  FSPlanet probably knows the law well which is why they do this kind of thing.  It's immoral, but likely not illegal.

I've included a lot of caveats above because I don't know all the circumstances.  Just wanted to give you some advice from my (limited) intelectual property rights knowledge so that you don't go spending a bunch of money on expensive lawyers before you know you have a case.  You may have already received real legal advice, in which case please disregard the ramblings of a random faceless internet post.

[ozzy72]

One of the things Ferdy and his ISP do is sell CDs of planes and split the profits. I'd call that piracy!

[Stratobat]

In light of this, i will refuse to download anything from FSplanet as they obviously are not trustworthy.

I can gaurantee you this much...

If it's up at FS Planet... It's up somewhere else!

Regards,
Stratobat

[Scottler]

FSPlanet.com:

Everyone's Internet
     ATTN: FSPLANET.COM
     c/o Network Solutions
     P.O. Box 447
     Herndon, VA 20172-0447
     570-708-8780


Go get 'em.  My email is also sent.

[Scottler]

Here's what it said, if anyone would like to copy it:

Greetings FSPlanet.com staff,

I am writing to express my support of Garry J. Smith.  Garry is a long time contributor to the flight simulation hobby, and I find it deplorable that your website is once again freely distributing software that it has no legal right to do so.

I strongly encourage your removal of the files in question immediately.  Until such request has been met, I will not only not support your advertisers or download from your website, but I will also appeal to other members of the flight simulation community to join in this boycott.

You have been contacted by Garry in regards to this matter, and to date, his appeals have fallen on deaf ears.

More information on this infringing and illegal activity can be found by clicking the link below.

Regards,
Scott E. Kelly

http://www.simviation.com/cgi-bin/yabb/ ... 140;start=

[RollerBall]

I'm sorry, but with the very greatest respect to all concerned who I regard as significant contributors to the sim community in many ways, if anyone is thinking about suing anyone over stuff that they have put into the public domain on the Internet as freeware, I think they must be crazy and/or have money to burn.

All of the threats that developers like you and I put into our files are hollow. The only parties who can afford to enter into any form of international litigation over copyright or any other matter are major multi-national corporations. It is naive to believe anything else. And even many of those knowing the cost are still reluctant to do so on any scale and are prepared to huff and puff and still turn a blind eye at the end of the day.

Those are the realities. If you don't accept them and they upset you that much then maybe you ought to think about doing something that is less stressful.

The world is full of Ferdies. Your crusade will not stop him and his ilk doing what they do. I do not condone it - far from it. But I think that if efforts are going to be expended on 'cleaning up the Internet' they should be against really serious things like child porn, in-your-face offensive SPAM and the like which affect the experience and lives of all Internet and email users.

I just can't get worked up over this even though everything I've ever uploaded has ended up in all manner of sim sites many of which I didn't even know existed and mostly without my permission.

Roger

[logjam]

Is the meaning of @#&ker the same word as Prince Harry used? If so does it mean that FS Planet takes pictures without permission or pushes peoples noses with their tools? If you like I can destroy FS Planet's website in a flash (pun)

[Pinchaser...]

http://www.fsplanet.com/privacy.htm OH MY  :-/

[chomp_rock]

If you like I can destroy FS Planet's website in a flash (pun)

Please do!

[Scottler]

To Gearhead...scary, isn't it?