I don't earn anything

If it doesn't fit .. It fits here .. - -

Re: I don't earn anything

Postby SeanTK » Wed Nov 17, 2010 9:54 pm

While I agree that it probably would be a nightmare to pursue anything, I wish there was something we could do that would result in the site pulling the file. It just didn't seem right to allow FSPlanet to ignore law.

I'm taking some responsibility for this since I wrote the readme and the legal part, but I thought that it would be clear enough. It does say that no uploads are allowed without Alex's permission.
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Re: I don't earn anything

Postby sonic » Wed Nov 17, 2010 10:17 pm

I agree.. we are all behind you Alex, but atleast in my state, your are responsible for court costs when you sue someone even if you win.

If you get hurt in a certain location and sueing for 10,000 dollars the 250 court cost is nothing if you win.. but in this case you would have to pay 250 dollars and all that would happen is they would have to remove the file. And you would win I can almost 100percent promise you that, its just not worth it going thru all that and paying court cost..
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Re: I don't earn anything

Postby SeanTK » Wed Nov 17, 2010 10:21 pm

Pressing legal charges against the website is probably out of the question. We'd just be happy if they remove it. That's all at this point I believe.
Of course, I'm speaking on assumptions, but I believe that Alex shares these sentiments.
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Re: I don't earn anything

Postby sonic » Wed Nov 17, 2010 10:31 pm

I just meant with  the track record of that site, most likely the only way to get them to remove something is by having a judge order them to.. And even tho Alex would win I just read the Right of use disclaimer and it was well written, its just not worth the time and money to go that route....
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Re: I don't earn anything

Postby SeanTK » Wed Nov 17, 2010 10:59 pm

I sent them a polite email about the issue, requesting that they remove the file and outlining why.
We'll see if they respond favorably. There's another course of action that we can take if this doesn't work, but I'm not sure how effective it would be. (PM'd Alrot about it)

We need to remember that while we can let our feelings escalate a little bit here, the best way to approach these people on the issue is with an abundance of kindness. Being rude and threatening to a person or organization that you have a problem with solves nothing. Right now, we're just looking for a quick, simple solution to this problem that does not involve legal proceedings. (I for one am not getting involved in a legal scuffle beyond this point.)  ;)
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Re: I don't earn anything

Postby meshman » Wed Nov 17, 2010 11:12 pm

I sent them a polite email about the issue, requesting that they remove the file and outlining why.


I'm on Alrot's side in this disagreement, but I have to ask what legal basis YOU have to request the file be removed? You're not a party to this action and serve only to muddle the situation.

There are no monetary damages here, only a violation of civil law. It's not a criminal matter. Attorney fees would be very high to even get them to consider asking for an injunction. Much less the costs for any enforcement.

My advice, if this were to be pursued further, would be to find out the hosting company for the web site in question and contact them. The return email from the site in question does say that the servers are in the U.S. and subject to U.S. laws and regulations.

But it's a battle where there will be no winner, IMO.
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Re: I don't earn anything

Postby pete » Thu Nov 18, 2010 9:04 am

Alex - just accept this has happened. This guy has always done this and will always do it. Nearly every designer has 'no fsplanet' in theri readme because he has upset so many people (& now he is pretending he is someone else 'Cristian Vider' - His name is Ferdy something). He has even given 'death threats'
Last edited by pete on Thu Nov 18, 2010 9:06 am, edited 1 time in total.
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Re: I don't earn anything

Postby alrot » Thu Nov 18, 2010 11:16 am

[quote]Alex - just accept this has happened. This guy has always done this and will always do it. Nearly every designer has 'no fsplanet' in theri readme because he has upset so many people (& now he is pretending he is someone else 'Cristian Vider' - His name is Ferdy something). He has even given 'death threats'
Last edited by alrot on Thu Nov 18, 2010 12:05 pm, edited 1 time in total.
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Re: I don't earn anything

Postby machineman9 » Thu Nov 18, 2010 11:27 am

They're hosted by Network Solutions LLC. As a result, the host should be fairly responsible for enforcing US laws on the websites which they host.

Though freeware, you still own the distribution rights. They do not have the rights to copy or distribute your work. They don't have the rights to upload it.

If I were you, contact their web host and let them know that this website is taking your software and redistributing it.


It may seem like a far measure, but the host is responsible for the content they're allowing to be used. If FSPlanet won't listen, the host probably will. If you get yourself and your fellow designers to complain, I'm sure something will be done.

"FSPLANET.COM - THE WORLD'S BIGGEST FLIGHT SIMULATOR FILES SPECIALIST DOWNLOAD SITE!!!"  ;D
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Re: I don't earn anything

Postby alrot » Thu Nov 18, 2010 12:15 pm

[quote]They're hosted by Network Solutions LLC. As a result, the host should be fairly responsible for enforcing US laws on the websites which they host.

Though freeware, you still own the distribution rights. They do not have the rights to copy or distribute your work. They don't have the rights to upload it.

If I were you, contact their web host and let them know that this website is taking your software and redistributing it.


It may seem like a far measure, but the host is responsible for the content they're allowing to be used. If FSPlanet won't listen, the host probably will. If you get yourself and your fellow designers to complain, I'm sure something will be done.

"FSPLANET.COM - THE WORLD'S BIGGEST FLIGHT SIMULATOR FILES SPECIALIST DOWNLOAD SITE!!!"
Last edited by alrot on Thu Nov 18, 2010 12:22 pm, edited 1 time in total.
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Re: I don't earn anything

Postby vgbaron » Thu Nov 18, 2010 12:42 pm

It's a lousy situation for sure.

one thought but it would be a lot more work for you.

Release the product as freeware demo - limited run time.

Ask for registration - free - to activate product. Ask where it was downloaded from or, if possible put some sort of hidden code to determine the download site.

Don't activate anything from FSPlanet.

Might work.

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Re: I don't earn anything

Postby ViperPilot » Thu Nov 18, 2010 1:00 pm

Alex,

I'm sorry to hear of your difficulties. As many have said above... don't let it get you down. In life, the important thing is to keep moving forward, no matter what gets thrown your way. It's obvious that you have lots of support from your fellow simmers, so keep on doing what you do and forget about the jerks who break the rules. It will come back to haunt them someday.

Cheers,

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Re: I don't earn anything

Postby EVVFCX » Thu Nov 18, 2010 1:30 pm

Hi From my own searching:

The host server is in Houston.

This information is freely available via the internet just by searching for www.fsplanet.com

host company is also available on the internet

Please don't let this get you down.

regards

Steve
Last edited by EVVFCX on Thu Nov 18, 2010 1:34 pm, edited 1 time in total.
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Re: I don't earn anything

Postby Daube » Thu Nov 18, 2010 4:00 pm

I suppose the amount of effort to get this stupid site drop Alrot's files would not be worth the result. I'm a bit pessimistic here but as many already said, Alrot is not the first one to get problems with that famous site.
After all, there is a reason why FSPlanet is nicknamed "FSPirates" on all the FS forums.
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Re: I don't earn anything

Postby kev13479 » Thu Nov 18, 2010 7:01 pm

This has been going on for years. My advice would be to ignore it.




I totaly agree with Hagar, i would let this one go alex, but make sure to put "DO NOT DISTRIBUTE WITHOUT MY PERMISSION" on the readme file. Is a great plane by the way, i dont think FSplanet diserves such a great freeware plane.
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