FSPlanet - Illegal distribution of Licensed Produc

[Pinchaser...]

IT SAYS RIGHT THERE!!! here...ill cut and paste it even...

"Add-ons are made available for the private use of Microsoft Flight Simulator enthusiasts. Under no circumstances may any zip file be modified or sold for profit." -FSPlanet.com

wait..what was that?? under what circumstances? it can't be what or what for profit??  FSPlanet....you are now between a rock and a hard place...
:-/

[Garry_J._Smith]

Hi All,

Thanks very much for the many different views and informed responses.  Thank you also for those that have offered support in relation to this issue.

The facts in a nutshell are:

The software has a license agreement in it that declares the software has a fee for download from unauthorised sites.

FSPlanet.com have installed this software - and thereby accepted the license agreement by clicking on the "I accept"

Proof of installation is in the screenshots of the liveries presented on their web site. (these are the standard style that they use for many of the images on the site)

FSPlanet.com does make a profit from the sale of "Privilaged" access to the site and compiling CD's of this and other software for sale.

FSPlanet.com have obviously demonstrated their inability to even follow their own policies declared on their site.

I have ever intention of following this through to the final conclusion.

Regards and thanks again for all of your input.

[Travis]

I've been thinking a little about this, and since we can't really do much about the damage already inflicted, how about finding a way to prevent it in the future.

I was looking at my new textures for a new aircraft today, and I was wondering how I could keep them off FSPlanet if I REALLY REALLY wanted to.

[Garry_J._Smith]

Hi Travis,

Some good ideas there mate - however, the issue is not that simple.

It is imperative that all simmers, including developers accept responsibility in trying to stop this abuse and that they are the only ones that can stop this abuse.

If simmers continue to patronise these sites and continue to download then developers will continue to be abused.

If the abuse level continues then ultimately developers will either quit or go for full Payware and then all simmers loose.

So the fight is not that developers must take extra ordinary steps to protect their software but in fact it is a responsibility of all simmers, who benefit from the developers effort, to do everything possible to ensure the safe environment for those developers to continue creating for our benefit.

So in a nutshell - if all simmers continue to turn a blind eye to this type of abuse of developers then in the end all simmers will loose out on the FREEWARE stuff that we enjoy so much.

Therefore, the price we the users pay is that we should be fighting like all hell to ensure that our developers are protected from this abuse - that is very little to pay for the great deal of effort that the developers do  on our behalf.

Regards

[Chris_F]

The software has a license agreement in it that declares the software has a fee for download from unauthorised sites.

FSPlanet.com have installed this software - and thereby accepted the license agreement by clicking on the "I accept"

Not all "shrink wrap" lisence agreements are legally enforceable.  In my estimation this is an instance of an unenforceable lisence agreement.  You can type whatever you want in to a lisence agreement but it only has teeth if a court will back it up.  Sadly I don't think it's likely that this will turn out in your favor.

I didn't read your lisencing agreement.  If I, a user without a website, download a copy of the files could I give a copy to a friend?  If this is allowed (or not specifically disallowed) then you've basically given FSPlanet free lisence to distribute the software as they can show implied permission.

In order to keep folks like FSPlanet from doing things with your files which you don't want them to do then I recommend making your files payware.  There are laws which protect payware which don't protect freeware (or so-called "selectware").  You could charge a penny for downloads of the software, giving them the same protection as payware but making them so affordable as to be effectively freeware.

[Ivan]

Anyone having looked into that NTFS option named ADS lately...
That's an option added to XP with the latest service pack, keeping track where the file came from...

Could be the only thing able to stop this... but could harm non windows-xp users...

[Wing Nut]

I don't think it would be that hard to not allow downloads from FSPirate.  If you can require a software key to sell a plane, why can't you have a software key that requires it be downloaded from (for instance) Simviation?  Simply require the user to provide the name of the site it came from and when there name pops up, tell them to get it somewhere else and come back for the key...

Kevin

[Hagar]

[quote]I don't think it would be that hard to not allow downloads from FSPirate.

[Wing Nut]

But with Winzip, wouldn't the password have to be the same every time?  All it would take is FSPirate to get the password and off they go.  With a registration program, they would actively have to crack the program to get the plane.  Also, I think that you could have a registration program define the source of the file, rather than asking for it.  A Zip file could come from anywhere and you wouldn't know.

I'm not suggesting restricting files to certain sites here, but that files be restricted from one certain site...

[Hagar]

You're quite right of course. My problem is that I'm too honest. LOL

I'm not suggesting restricting files to certain sites here, but that files be restricted from one certain site...

No, you weren't suggesting it but Garry is in fact doing just that. Unfortunately this seems to be the way things are going. It all started with the CFS2 community when they had similar problems some years ago & is very common these days. I always thought it was misguided & still do.

[Ivan]

[quote]But with Winzip, wouldn't the password have to be the same every time?

[Politically Incorrect]

The problem I see with "passwords","registrations" etc, is then your work will get less exposure.
I personally avoid many sites that require a bunch of crap to view or use it. Such in filling out countless pages of registration just to use the site. Same would  go for having to wait on a download, then giving out your email address then wait for a special link, to log on to just to get a password, too much wasted time and a turn off, thus creating a negitive feeling towards other work by the same person.

I disagree with piracy 100%, but must admit you make something and lable it "freeware, selectware, shareware, whatever" put it on the web and it will be used for free.
If it is a program that requires a fee, it will be hacked, cracked, patched etc.
You invite theft as soon as you put anything on the web.

I know that instances such as this might make some designers quit doing what they love too do, and that is a sad thought because they offer so much for us who don't know how to do it, but they must remember that there is another designer out there waiting to take their place if they ever do decide to quit.
About the only legal way I can see you preventing others from stealing your work would be to make it "payware" sure maybe not as many people will use it but you might be surprised by the amount that will. But again there is no possible way to prevent it from being stolen whatsoever.

I know how we could foil FSPirate, how about everyone here all go over there right now and start multiple downloads all at the same time and suck the bandwidth out of the sucker?  ;D

[Garry_J._Smith]

Hi Simmers,

Well, surprise, surprise, said in your best Gomer Pyle voice.

Mail to my gjsmith.net and gjsmith.com accounts has suddenly stopped - servers are fine and both are running correctly but it appears that someone or something is now routing my mail into a black hole before it can get to my mail servers.

So my friends, until this is resolved my ISP has created a new mailing address for me to keep things bubbling along but of course I will not be able to respond to any mail sent to the garry@gjsmith.com or garry@gjsmith.net mail addresses.

I apologise for not responding to any mail sent during this period and hope this issue is resolved promptly.

Forgive me for not making public the new address - I am compelled to keep this at a lower profile and use it for friends and associates at the moment.

[Pinchaser...]

Pete, is the there anything you can do with this situation? maybe contact Ferdy? i dont know... starting a war between the sites wouldnt make either of us look good... but just one webmaster to another?? letting him know how the rest of the community feels about this.. just my idea

[Ivan]

i think simviation is on the blocklist by fsplanet... so do not expect much from that