& again .. Freeware on eBay ....

[Smoke2much]

I agree with you but that was not the question.  Have any laws been broken?  Is freeware protected under law?

[Katahu]

It's a great and effective idea to write a petition to our local or state representatives about this situation. As I said before, with enough people and pressure from the flight sim community, Ebay will have to comply or face harsh action.

Another thing, Ebay should also impliment stiffer policies regarding address and personal info. Ebay should have a process that can identify wether or not the addresses and personal info is legitimate. That way, if some red flag comes up, the person in question will be identified more accurately. However, I don't see it happening now and I don't see it happening in the future with the way things are in this world. So, I say Ebay should be dismantled.

[Katahu]

I agree with you but that was not the question.  Have any laws been broken?  Is freeware protected under law?

Copywrite Law [as far as the US laws are concerned] clearly indicates that any file or software created by an individual is AUTOmatically protected by the law. Nowhere does it state that the file or software must be a commercial product. Therefore, yes, Freeware is protected.

I know because here in the air force all active duty personel are required to take training in Privacy protection, virus protection, and deal with piracy.

[Smoke2much]

Thanks Katahu

[JBaymore]

Will,

Being a visual artist, published author, and former professional musician... I have some background dealing with this stuff.  At least the USA laws.  ;)

At the time of creation the person who creates a work (song, painting, story, poem and so on) is, as katahu states, automatically extended the rights to the creation.  If he/she simply places the appropriate language on the work when it is distributed, that is enough to protect it.  

If that person wants to make the protections even more easily enforced, there is a governmental form that along with a fee (currently $25) makes the claim even more bulletproof.  But you don't HAVE to do that.

The restrictions that freeware developers typically put on their creations ARE legal.  

The real problem is twofold:

• huge numbers of people don't see this activity as theft
• it costs money to enforce the ownership

I'm going to legally protect this posting of mine right now:

Copyright 2005 John Baymore  All Rights Reserved.


best,

.........................john

[expat]

Theft is theft, we all know that.

If you handle stolen goods, as far as the law is concerned, you are just as guilty as if you stole them.
If you provide an outlet for stolen goods, as far as the law is concerned, you are just as guiltly as if you stole them.
If you sell stolen goods on ebay, ebay take a small amount in commission. So not only are ebay providing an outlet for stolen goods, they are also making money on the sale of stolen goods.

If this is legal, then I have the answer to early retirement  and a small tropical island

www.flogyourhookygoodshere.com
I don't see them or touch them, I just require a 2% to 5% commisision to ease your off loading probem depending on the sale value. I do have scruples though. No drugs, guns or body parts.

Matt

PS All rights reserved

[Katahu]

Does anyone here remember that guy's SimV name? He was the one who came here and started bragging about how good it is to finance off of someone's hard work without permission and started accusing the mods for sending a virus to him. He was also the one who claimed to have sold pirated items for certain friends.

What was his name?

[expat]

Sparky

[Katahu]

Thank you so much, amigo. Now I remember him as clear as day.