I'm glad they took your file off their server.

FS2002Tipster are you sure they took it down from their website?  Click here and see

http://www.fsplanet.com/new01.htm

They didn't put it back in they just added a new page which they do every two days or so and never removed it.

Hey tipster. . . .

tell him you'll let him off the hook ONLY if he pays your phone bill for every month in which he has your panel up there 

Glad things worked out.  I fly your panel daily

I checked all his pages - it wasn't there an hour ago I promise you.

Anyway, I just sent the following e-mail to the Spanish Embassy in London UK:


Dear Sirs,

I am writing to you as a last resort to request your assistance. My name is John Consterdine and I am an author of software for Micrsoft Flight Simulator. I am not associated with Microsoft, I simply provide free software to the flight simulation community.

A Spanish website has recently stolen my files from where I uploaded them and poisted them on their own website.

The site in question is www.FSPlanet.com which has a long history of distributing files it is not entitled to.

I have personally fallen victim of this in the last 2 days.

You will find my file half way down their second page (http://www.fsplanet.com/new01.htm) "FS2002 Baron 58 RTW 2003 Panel V2.0"

If you take the time to download it, yand read the "ReadmeFIRST!!!" document, you will find this licence at the end of it:

"Licence and disclaimer
----------------------

This panel is FREEWARE and may not be included in any commercial package. It may not be redistributed, published or uploaded to ANY other site than Simviation.com without the express written permission of the author. Failure to comply with this will result in legal action.*

*This is simply to avoid actions of piracy. Almost all freeware sites will be granted permission. Just bear in mind that that if you choose to ignore the terms of this licence, the threat of legal action is not an idle one. I've done it before (successfully)."

I have also sent Mr Ferdinand Serena (who owns the site) the following e-mail:

"Dear Mr Ferdinand Serena,

My name is John Consterdine and I am the aouthor of the above panel.

The following is my licence at the end of the readme file of the file you are currently distibuting:

"Licence and disclaimer
----------------------------------

This panel is FREEWARE and may not be included in any commercial package. It may not be redistributed, published or uploaded to ANY other site than Simviation.com without the express written permission of the author. Failure to comply with this will result in legal action.*

*This is simply to avoid actions of piracy. Almost all freeware sites will be granted permission. Just bear in mind that that if you choose to ignore the terms of this licence, the threat of legal action is not an idle one. I've done it before (successfully).

The files in this package have been fully checked and validated by an up-to-date installation of Norton 2002 Antivirus as virus free at the time of uploading. It should not produce any adverse affects or damage to your system, but if you think that it has, I accept no responsibility."

You are in direct contravention of the terms of this licence. You have made no request to distribute this file and I have not granted you permission. You have 24 hours from the time of sending of this e-mail to remove all unlicenced files from your website published at simviation.com by myself..

Failure to do so will result in legal action. As I stated in the licence, this is not an idle threat and I have successfully persued this course of action before, against both the offending webmaster and his Internet Service Provider, which was, like yours, also legally liable.

Your Internet Service Provider will be receiving their own e-mail shortly. 

Ignore this e-mail at your peril."

I am one of many people in a similar situation. Mr Serena has a long history of ignoring licences and copyright law in the world of flight simulation. I implore you on behalf of not only myself, but the many other people who have been victims of Mr Serenas activities to do something about it.

I leave it in your hands and await your reply

Yours faithfully,

John Consterdine


Lets see now...

Mate, I would also complain bitterly to the Italian Emabassy as well. If you notice the files for FSPlanet are hosted on a www.madalori.com file server - this mob are just as bad as Ferdy the Poof.

I would also put this thread on to the www.avsim.com forums as Ferdy the Poof is well known to troll those forums - if you do a search on the Avsim forums there are PLENTY of threads that cover this ********* (*= profanity).

I did this course some time ago and got an email stating that any new file that i produce will no longer appear on that site. Secondly, In Australia Copyright breach is a criminal offence that carries a $50,000 and or a 2 year Gaol term, i did in all seriousness threaten him with this course of action under Australian Criminal Law which meant possible arrest and extradition to Aust for criminal proceedings to commence.
Since the directors of www.madalori.com have taken absolutely no notice of my emails they will get another one stating the above UNLESS they remove ALL of my released freeware. I wonder what will happen next?????
P.S. good luck in your efforts. It is high time this (both FSPlanet and its file server host is removed).

hmm, we won't be seeing fsplanet in a couple of days