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I don't earn anything (Read 2815 times)
Nov 17th, 2010 at 2:09pm

alrot   Offline
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By making freewares , and why this guy has to ?


http://www.fsplanet.com/

this Spanish always come and like I didn't say it very clearly in the read me file ,he post my airplanes ,what a crappy website

I just send him and email (again)
Quote:
   I don't do airplanes for your benefit , I don't earn anything by making them ,and neither you should.

remove the md 83 by Alejandro Rojajs Lucena right Now this is Simviation property and FSND


Quita el avion de inmediato


Alejandro Rojas


I hope he gets the message



 
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Reply #1 - Nov 17th, 2010 at 2:17pm
SeanTK   Ex Member

 
Alex,

FSPlanet is known for trying this crap. I think every freeware developer has had to argue with FSPlanet over their files at one point or another. Unfortunately, the most you can do is send them an email requesting removal, but they may ignore it (and historically do).

Since I wrote the readme, I can back you up if you need me to. I would suggest citing this section of the readme:
Quote:
Legal:

This aircraft is stricly FREEWARE. All rights to this flight simulation model belong to Alejandro Rojas Lucena beyond the features mentioned above that were created by other authors/organizations.

This aircraft can not be distributed to any websites without permission from Alejandro Rojas Lucena.
This aircraft may not be used for any monitary and/or commercial gains in any way.


Geez, this leave of absence thing is not working out over a dull waste of a school week.  Grin


Best of luck with the issue,

-Sean
 
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Reply #2 - Nov 17th, 2010 at 2:44pm

alrot   Offline
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Quote:
Best of luck with the issue,

-Sean


I hope they do, for their sake , Some may ask
and why just only at simv?
 because all I know about MSFS,3d Design,and everything I learn it here , so this is like a second home to me, and Besides I have a hosted website of simv ,why If I make the airplane to promote my site? or Put my little seed to contribuite to Simviation, I never being in other place ,I had visit many great forum ,but this is my site ,sometimes I get mad ,then I left the site ,but frankly ,I open the forum every single day ,then I get back . YES I'm Crazy that's how I am

Its my hobby ,I'm happy about it ,and I hate all the bad things that could people do to this site .
Including taking things that belong to Simv ,because I want it so and I have the right as IT creator to decide who will distribute ,that's the only thing I'm jealous about ..

I'm typing this ,because this Bus driver from Spain will read this , and boy remove the plane or else I will let every one in every site that your site takes things without permition ,This is not simviation this is Alejandro Rojas L. who's typing this.

Remove the airplane    
   
You remove the airplane and I will remove this entire thread
 
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Reply #3 - Nov 17th, 2010 at 4:43pm

alrot   Offline
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...

Edited:
Lord Alexander

In any case we have any direct benefit by distributing the files we put on our servers, rather pay significant amounts every month from our servers we have in the United States for distribution thereof, and for this we have our sponsors and our shop found to cover these expenses. At the same time we have the First Class service, used by all flight simulation pages with great shock and Flightsim.com canitdad, Fsplanet.com Simviation.com or as otherwise would be impossible to continue to offer download service files, which I'm sure you understand.

In addition, we publish files that we upload to our servers. Unfortunately we have had many problems as there are third parties who upload files to others, and these same we complain that they have not gone up, when we have no way of knowing if you've uploaded the perpetrator or another person.

Also, I remind all freeware file may be distributed perfectly, sorry Alex, but this is so. As much as you have done the file can not grant exclusive distribution to anyone since all file freeware may be freely distributed, either through the Internet server for CD / DVD .. etc. Hence, the magazines, to cite one example, for decades distribute freeware files on CD / DVD or floppy disks. Can they be accused of selling magazines by freeware content containing your CD's?. You're accusing us of having benefits from your file when it is not. The benefit is due to set out all the content, and assure you that in our case, much of the benefit is to pay freeware servers that we make available to the public we get from the sponsorships, and not the publication of your file .

Yours sincerely.

FSPLANET.COM
Cristian Viver
staff@fsplanet.com
http://www.fsplanet.com



So this is the deal ? they can do what ever they want with my job?

So I tried to download the model and I only have to paid for a download faster ,I'm so angry that I can't even type
 
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Reply #4 - Nov 17th, 2010 at 4:56pm
SeanTK   Ex Member

 
The FSPlanet guy is full of crap on the distribution rights. You have full authority to limit distribution of your freeware product.

http://en.wikipedia.org/wiki/Freeware#cite_note-3

Please look at reference 4 in the wiki article.


Again, although your product is freeware, you still have the right to limit distribution.

Do we have a lawyer on the boards here?
 
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Reply #5 - Nov 17th, 2010 at 4:59pm

Strawberry Yogurt   Offline
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Yeah, this is pretty bad. If your readme said it is YOUR property and cannot be used again without permission or for monetary gains, it is pretty much like copyrighting the material. This guy is ridiculous and is an embarrasment to the FS world. Smiley I'm serious. If he put his name in the file instead of yours, it is stealing the material. Also, if he does not include your origional readme, I would consider emailing the administrators of FSplanet.com or whatever crap it's called and demand it is deleted immediatly. Oh wait! You already did that and they just gave you crap!  Angry This shows how ignorant and incredibly stupid, nasty, dumb and braindead these guys are. SimV is waaaaaayyy better than that place will ever be. Remember that.
 
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Reply #6 - Nov 17th, 2010 at 5:05pm
SeanTK   Ex Member

 
Strawberry,

Let's try keep a bit of a level head on this rather than simple name calling. Yes, the FSPlanet person is wrong, but it's better to approach this issue without the personal attacks.

I'm going to try to see what I can do to prove that Alex still reserves the right to hold limitations on his file. I know for a fact that under US law, he is allowed to, but I want to get some concrete sources for this.
 
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Reply #7 - Nov 17th, 2010 at 5:14pm
Crash   Ex Member

 
Can't blame the guy for trying. He did it with a couple of panels that I modified too. Never noticed it until a few months after when I got an e-mail from a user. Send FSPlanet an e-mail requesting to remove the files, they never responded. Never bothered to look at the site again. Crappy website anyhow. 35.000 visitors daily? Right...

What he did in your case is worse. You clearly stated that it is a Simviation exclusive aircraft so he has to respect that. Didn't he do it with one of your other creations too? I remember something like that.

Good luck with your fight against this 'pirate'. I wished I could do more.

Carlo Smiley
 
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Reply #8 - Nov 17th, 2010 at 5:17pm
SeanTK   Ex Member

 
Informed the Sim-Outhouse people on the issue to see if they have any legal experts there that can back us up.

http://www.sim-outhouse.com/sohforums/showthread.php?t=45712&p=508312#post508312

I know that you can place distribution limits on freeware.

Is anyone on these boards a practicing lawyer? Or, does anyone have access to one that would be willing to assist?
 
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Reply #9 - Nov 17th, 2010 at 5:29pm

Hagar   Offline
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Quote:
Informed the Sim-Outhouse people on the issue to see if they have any legal experts there that can back us up.

http://www.sim-outhouse.com/sohforums/showthread.php?t=45712&p=508312#post508312
.

We've been down this road before. I'm afraid there's not a lot you can do about it. I don't know where the site in question is hosted but US law means very little in other countries.

Quote:
I know that you can place distribution limits on freeware

You can place as many distribution limits as you like. That doesn't mean everyone on the WWW takes notice of them. It's too late now but perhaps a statement like this in the Readme would do the trick; "This file is not to be uploaded or posted at xxxx.com"

I note that full credit is given to Alex so nobody is actually claiming credit for his work.
 
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Reply #10 - Nov 17th, 2010 at 6:13pm

sonic   Offline
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I"m going to law school 2nd year, I'm not 100 percent up to speed with copyright laws as of yet. But from what I do know from knowledge I've learned and from asking a freind of mine who is a practicing attorney is..

Like the wikky said above, The title freeware make no difference at all  with regards to copyright compared to payware or any other downloaded content it simply means that the price is free. Alrot still holds all rights and control of the download, meaning with respect to initial transfer.

What initial transfer means in the context is who hosts it. Being freeware does give people who downloads the file or files more freedom than payware products but alrot can still limit who and where its (accessible) from.

So bottem line is, You are right to be angry and you do have the right to go to court and have a judge order them to take it down.. You really wouldn't need a attorney I wouldnt think... Know I don't know where there site is hosted from, it can get complicated however.
If there in the US but there hosting site is in lets say Italy you would have to make sure the Italy laws is the same as ours concerning this matter. Or you couldnt do anything.. Because the file is now on italian Jurisdiction.. If the people who uploaded the file is in the US you could try to get them to pay you a fine.

I have been very busy I'll download and look at your right of use disclaimer tonight. If you said NO ONE CAN HOST this without my permission or something similar then you could take legal action all tho it would be costly and i'm not sure you would want to do that. Sorry Alex you did a great job. I might reinstall X now Wink
 
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Reply #11 - Nov 17th, 2010 at 6:30pm

alrot   Offline
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thank you guys for your support

all this tells me that Its better to make paywares .I'm more protected by payware mode????

So Its better to make paywares than freewares  Angry..

beside all the hard working deal with this .. Its the worse
so II should give it to "One of those site that promote Paywares" Even if it isn't my wishes ,to be honest people ,I was very afraid to release my work ,for things like this ,or someone jumping up again telling that I stole his files, just to win his 5 minutes of fame ..


you all have said it ,this is a payware quality , so to "have Protection" I should give it to another person to earn part of my work?

I didn't even Upload it to my site to see the countdown which are fast btw and I linked to simv ..and this A.H. did it in less than 24 hours

I tried to download ,I couldn't ONLY FOR EXCLUSIVELY THOSE WHO PAID SPECIAL DOWNLOAD, SI IN A CERTAIN WAY IT HAS BECOME A PAYWARE IN SPAIN

Magazines are great ,for me they all can have it ,as long they keep the designer and websites names
who is this guy ,he things he owns the law ,and other people work?

Beyond the law is something of principles  ,I MADE THAT MOTHER f** AIRPLANE AND I DON'T WANT THAT PIECE OF S SITE TO DISTRIBUTE IT ,it craps my work ,its a pirate site   Angry

I really believe I'm going to get sick ,My apologies to this Sake site for my speech ,if it too inconvenient please feel free to delete this post or the entire thread




 
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Reply #12 - Nov 17th, 2010 at 7:14pm

BrandonF   Offline
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I'm also angry with them. The work they uploaded by me was not that much actually. Just a repaint - my very first one! I never gave permission, obviously, and that really bugs me.

They are just taking the work of us freeware developers, and putting it on their site without our permission. It's not right! My name wasn't even included in the file description on the download page!!! I uploaded my repaint to SimV and SimV only. That's the only place I wanted it.


Brandon...FSX...Ready to slap the head people at FSPlanet!!!! Angry
 
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Reply #13 - Nov 17th, 2010 at 7:17pm

Hagar   Offline
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This has been going on for years. My advice would be to ignore it.
 
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Reply #14 - Nov 17th, 2010 at 7:38pm

Steve M   Offline
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Some good advice has been given in the above replies.. Such as, the suggestion to put more info in the readme about who is allowed to offer this freeware, and I wonder if watermarking the thumbnails might help? But it would be a nightmare to try to take legal actions. What Doug said.. (Hagar)

 
 
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