FSPlanet - Illegal distribution of Licensed Produc

[Garry_J._Smith]

Hi Fellow Simmers,

It appears that FSPlanet.com has crossed the boundary and is now prepared to even publish software that is Licensed and in breach of international laws in relation to copyright and denying the authors the rightful payments due for the copies that are being illegally available from their site.

The product being distributed by FSPlanet is the AN225 by Thomas Ruth and IFC textures by Garry J. Smith.  It is a self extracting executable file with a comprehensive statement included in the Licensing area of the file stating that distribution from unauthorised sites warrants a fee of $2.00US per copy distributed.  

They have had the product available since Saturday the 23 October and it is still available despite frequent e-mails to request it's removal.

FSPlanet has even published this without proper acknowledgement that I am the developer of the International FlightSim Convention (IFC) textures.

They are also obviously choosing to ignore the Licensing Statements both within the installation program and the accompanying TEXT file.

For every copy downloaded by patron of FSPlanet both Thomas Ruth and I are being denied our rightful commission for the unauthorised copies downloaded of that product.

FSPlanet.com are ignoring all electronic correspondence from both myself and my legal representatives in regards to this matter.

The only point of contact for the extensive staff of FSPlanet.com is staff@fsplanet.com - there is no postal address, no forum or any other method of contact available and they are continuing to make the AN225 file available through their site.

If you wish to examine the AN225 and the licensing statement then please do not download it from FSPlanet.com

You can obtain a legal FREE copy of the product from:

http://www.FlightSim.com
http://www.ifcblackpool.com

Please obtain your copy from these locations only.

I call upon flight simmers everywhere to assist me in contacting FSPlanet and getting them to respond to my or my legal representative's e-mails so that we can resolve this matter and ensure that they abide by the laws that all other FligthSim sites and patrons.

Send an e-mail to staff@fsplanet.com and request that they contact me or my legal representatives in this matter - please feel free to also voice you opinion of their flagrant breach of their own policies in relation to abuse of flightsim developers and their rights.

This is not a push for money but a declaration that FSPlanet.com has no rights to abuse developers in this manner and that there are penalties due for such abuse.

I would also welcome knowledge on a physical postal address for this organisation so that appropriate papers may be served in an endeavour to recover fees and commissions due to the aircraft developer and I for each copy distributed illegally by FSPlanet.com.

Regards and happy simming to you all.

[Travis]

Well, it looks like the FSPirate has struck again!

He's been doing this kind of thing for a while, now.  I'm nost sure if anything has ever come of it, but you should truy looking through these forums for more info . . .

[Jared]

Sorry to hear about that...

I had a similar experience with a lesser quality repaint that I uploaded her on SimV and somebody e-mailed with a question and told me that he got it from some other site, which when I went to it was all in German....

[Garry_J._Smith]

Hi Iroquois,

Fortunately this product is NOT FREEWARE for distribution by any site - it is SELECTWARE and only available for FREE from selected sites.  

All other distribution by any site not authorised is PAYWARE and there is a financial loss for both the developer and myself in this case.

This information and license agreement  is imbedded into the file that FSPlanet is distributing and therefore they are knowing breaching this licensing agreement.

I will not be prosecuting on Copyright issues as that is internationally hard to enforce - however, prosecuting on loss of income from FSPlanets distribution of this file is one that will stand in any court in the world.

So it will be a very interesting battle.

Regards and thanks for your support.

[MattNW]

Don't feel bad. You aren't alone. FSPlanet/Pirate has done this as long as I've been in in flight simming. They had the Baron panel for FS 2002 less than a week after Tipster released it when the Readme file specifically stated that the file was "Not to be posted to any other websites especially FSPlanet".

If you'll post in the FS 2002 forum you might find someone who was better acquainted with FSTipster than myself. He was considering legal action when he passed away. They might have the contact info. I remember him mentioning having an attorney contact the owner of the website.

[Stratobat]

Hey Garry,

Unfortunately this is becomming common place these days

You mentioned prosecuting for loss of income, aren't these files available for free (No charge to download and use)?

Regards,
Stratobat

Edit:........ I just noticed some of my stuff on the front page, along with simTECH's latest freeware

[Garry_J._Smith]

Hi Stratobat,

The software is SELECTWARE - which means that it is a product that can be given freely to patrons of the SELECTED/Authorised sites.

This is the gist of the statement that is in the Licensing area of the AN225 file. - there is a slight difference in the statement in the file that specifies Thomas and I as the benefactors of the payments due.

SELECTWARE

All products created by GJSmith.net or GJSmith.com are classified as SELECTWARE

Only Sites or organisations selected as authorised by GJSmith to distribute GJSmith.net or GJSmith.com  products have permission to distribute these products to their exclusive client base.

If any product created by GJSmith.net or GJSmith.com is distributed without being an authorised/selected organisation by GJSmith then there is a nominal fee of $2.00US for each download or distributed copy of this product payable to garry@gjsmith.net on a monthly basis in retrospect to all sales of his product each month..

All products created by GJSmith.net or GJSmith.com are emphatically NOT FREEWARE and are not openly available for distribution without the authors consent and,  were applicable, appropriate fees will be  incurred and paid for any distribution by unauthorised release or propagation through any media.

SELECTWARE definition

Only selected sites or organisations authorised by me to release my product have the sole right to distribution of a specific GJSmith product in any media.  

Any site or organisation  not Authorised by me are not permitted to release my product without payment of a fee for each individual event of distribution of my product in any media whatsoever.

This principle is fully enforceable by international law and action where necessary will, without hesitation, be initiated.

Regards

[Bazza]

Garry, you have my sympathy as well.      I've followed many similar threads over the years with interest.

One thing I can quarantee out of this, if you follow it far enough I know who will gain the most satisfaction -  teams of lawyers............

Good luck mate...

Bazza

[ozzy72]

Ferdy again
I believe that Ferdy is based in Spain, and his ISP is in Italy (unless he has moved it).
This has been going on for a few years now, alas the late Tipster was involved in trying to take Ferdy down but passed-away before any results...

Ozzy

[Saitek]

I've heard you guys mention that FSPlanet was a no-no site before. What a little thief to take peoples stuff.
Well all the best for the future, yeah Bazza your right - Lawyers make a bomb out of peoples crimes.

Ben

[Delta_]

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

[4_Series_Scania]

You can obtain a legal FREE copy of the product from:

http://www.FlightSim.com
http://www.ifcblackpool.com

Please obtain your copy from these locations only.

.

I've mailed him , what good it'll do I doubt, but I've had a rant anyway!

Thanks for the heads up Garry, FSPlanet.... ::) :-/ what a @#&ker !

Spread the word guys, the more people we inform the greater the chance of this guy getting taken down.


Hmm, so its not freeware, nor payware so in which screenshot forum would it go then???

[Mozz]

There's an anti-piracy thing at avsim.com, might wanna check it out. Its sad when people have to drop to the level of stealing someone elses work to make money.

[Fly2e]

Garry, you have our support!!!!!

Dave

[chomp_rock]

This is not the first time I've heard of something like this happening with fsplanet. I wish we could have that site shut down and the URL freed for more legit use  >:(.