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I don't earn anything (Read 2817 times)
Reply #15 - Nov 17th, 2010 at 9:54pm
SeanTK   Ex Member

 
While I agree that it probably would be a nightmare to pursue anything, I wish there was something we could do that would result in the site pulling the file. It just didn't seem right to allow FSPlanet to ignore law.

I'm taking some responsibility for this since I wrote the readme and the legal part, but I thought that it would be clear enough. It does say that no uploads are allowed without Alex's permission.
 
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Reply #16 - Nov 17th, 2010 at 10:17pm

sonic   Offline
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North Carolina,  US

Posts: 820
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I agree.. we are all behind you Alex, but atleast in my state, your are responsible for court costs when you sue someone even if you win.

If you get hurt in a certain location and sueing for 10,000 dollars the 250 court cost is nothing if you win.. but in this case you would have to pay 250 dollars and all that would happen is they would have to remove the file. And you would win I can almost 100percent promise you that, its just not worth it going thru all that and paying court cost..
 

&&Specs&&E6300, 3 gigs 800 Ram, 8800GT oc, 400gig Sata drive, Windows XP Pro 64 Bit..
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Reply #17 - Nov 17th, 2010 at 10:21pm
SeanTK   Ex Member

 
Pressing legal charges against the website is probably out of the question. We'd just be happy if they remove it. That's all at this point I believe.
Of course, I'm speaking on assumptions, but I believe that Alex shares these sentiments.
 
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Reply #18 - Nov 17th, 2010 at 10:31pm

sonic   Offline
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I just meant with  the track record of that site, most likely the only way to get them to remove something is by having a judge order them to.. And even tho Alex would win I just read the Right of use disclaimer and it was well written, its just not worth the time and money to go that route....
 

&&Specs&&E6300, 3 gigs 800 Ram, 8800GT oc, 400gig Sata drive, Windows XP Pro 64 Bit..
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Reply #19 - Nov 17th, 2010 at 10:59pm
SeanTK   Ex Member

 
I sent them a polite email about the issue, requesting that they remove the file and outlining why.
We'll see if they respond favorably. There's another course of action that we can take if this doesn't work, but I'm not sure how effective it would be. (PM'd Alrot about it)

We need to remember that while we can let our feelings escalate a little bit here, the best way to approach these people on the issue is with an abundance of kindness. Being rude and threatening to a person or organization that you have a problem with solves nothing. Right now, we're just looking for a quick, simple solution to this problem that does not involve legal proceedings. (I for one am not getting involved in a legal scuffle beyond this point.)  Wink
 
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Reply #20 - Nov 17th, 2010 at 11:12pm

meshman   Offline
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Quote:
I sent them a polite email about the issue, requesting that they remove the file and outlining why.


I'm on Alrot's side in this disagreement, but I have to ask what legal basis YOU have to request the file be removed? You're not a party to this action and serve only to muddle the situation.

There are no monetary damages here, only a violation of civil law. It's not a criminal matter. Attorney fees would be very high to even get them to consider asking for an injunction. Much less the costs for any enforcement.

My advice, if this were to be pursued further, would be to find out the hosting company for the web site in question and contact them. The return email from the site in question does say that the servers are in the U.S. and subject to U.S. laws and regulations.

But it's a battle where there will be no winner, IMO.
 
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Reply #21 - Nov 18th, 2010 at 9:04am

pete   Offline
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'That would be a network
issue'
Cloud Cuckoo Land

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Alex - just accept this has happened. This guy has always done this and will always do it. Nearly every designer has 'no fsplanet' in theri readme because he has upset so many people (& now he is pretending he is someone else 'Cristian Vider' - His name is Ferdy something). He has even given 'death threats'  Grin Grin



You knew he would do this!! He does it every time.  Cheesy

Ignore him and next time be specific about not allowing certain illegal sites to host your files.

As Meshman said -- the ONLY thing  you can do is put in a professional, legally articulate report of piracy to his hosting company (which is easy to find out in  a 'whois' search.) If it's hosted in the US or northern europe  they will probably react. Southern europe and elsewhere they probably won't.

Alex -- remember -- It's supposed to be fun. Keep it that way and don't allow these guys to get you down.
 

Think Global. It's the world we live in.
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Reply #22 - Nov 18th, 2010 at 11:16am

alrot   Offline
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pete wrote on Nov 18th, 2010 at 9:04am:
Alex - just accept this has happened. This guy has always done this and will always do it. Nearly every designer has 'no fsplanet' in theri readme because he has upset so many people (& now he is pretending he is someone else 'Cristian Vider' - His name is Ferdy something). He has even given 'death threats'  Grin Grin



You knew he would do this!! He does it every time.  Cheesy

Ignore him and next time be specific about not allowing certain illegal sites to host your files.

As Meshman said -- the ONLY thing  you can do is put in a professional, legally articulate report of piracy to his hosting company (which is easy to find out in  a 'whois' search.) If it's hosted in the US or northern europe  they will probably react. Southern europe and elsewhere they probably won't.

Alex -- remember -- It's supposed to be fun. Keep it that way and don't allow these guys to get you down. 


Besides the majority of MSFS world are aware who is this person and what that site represent

Is like that torrent world thing , Is Piracy

,Sean Thank you for trying my good friend ,unfortuanly this guy is far away from USA and from Venezuela ,Its like fighting with the air
I really have a terrible migrain right now ,maybe cause the angry yesterday maybe not

  As meshman said (with the exeption of what he said to Sean ,Sean was part of the MD-83 proyect since the beginning my friend ,so he's trying to defend us both ,in the party )
There are no monetary damages here, only a violation of civil law. It's not a criminal matter. Attorney fees would be very high to even get them to consider asking for an injunction. Much less the costs for any enforcement.

and that is true ,but Shocked gosh! ,I think what I hate the most is not because a pirate site has it ,Is than in less than 24 hours  Shocked and he tells me that "Someone" upload it ,meanwhile the Simv servers are full downloading ,people are not thinking to uplod it ,people are thinking is to see it and fly it..what a such of liar cheater.

and he's sooooo fresh and cool and tell me I can do whatever I want with your work

  well at least I think the read me file is still there ,there is the designer (my name) and repainters name ,I hope he doesn't do anything else

   
I forgot and important matter ,one of the reasons I made my models its to promote FSND my website hosted by Simv ,I wanted to have exclusively or my own work , make Flight Simulations and DesignsVisible, well this guy also STEAL my work to promote FSPirate .-.as my Friend Daube would say Ce La vie or something like that    
 

...

Venezuela
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Reply #23 - Nov 18th, 2010 at 11:27am

machineman9   Offline
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Nantwich, England

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They're hosted by Network Solutions LLC. As a result, the host should be fairly responsible for enforcing US laws on the websites which they host.

Though freeware, you still own the distribution rights. They do not have the rights to copy or distribute your work. They don't have the rights to upload it.

If I were you, contact their web host and let them know that this website is taking your software and redistributing it.


It may seem like a far measure, but the host is responsible for the content they're allowing to be used. If FSPlanet won't listen, the host probably will. If you get yourself and your fellow designers to complain, I'm sure something will be done.

"FSPLANET.COM - THE WORLD'S BIGGEST FLIGHT SIMULATOR FILES SPECIALIST DOWNLOAD SITE!!!"  Grin
 

...
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Reply #24 - Nov 18th, 2010 at 12:15pm

alrot   Offline
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machineman9 wrote on Nov 18th, 2010 at 11:27am:
They're hosted by Network Solutions LLC. As a result, the host should be fairly responsible for enforcing US laws on the websites which they host.

Though freeware, you still own the distribution rights. They do not have the rights to copy or distribute your work. They don't have the rights to upload it.

If I were you, contact their web host and let them know that this website is taking your software and redistributing it.


It may seem like a far measure, but the host is responsible for the content they're allowing to be used. If FSPlanet won't listen, the host probably will. If you get yourself and your fellow designers to complain, I'm sure something will be done.

"FSPLANET.COM - THE WORLD'S BIGGEST FLIGHT SIMULATOR FILES SPECIALIST DOWNLOAD SITE!!!"  Grin


LOL  Grin yeah right THE BIGGEST PIRATE LOL

I tired machineman9 really tired my friend , I just focus on the release and prepare myself for futher glitch and stuff like that .
all I can say this kind of things affects me in the way "Would I willing to make another huge effort to release and then become property of any one?" does this worth it?

Even those who said made a watter mark said in the read me file what sites can't have it ,this guy as and example ,already did this, WHO can tell , sure he will Ignore that and even remove the read me file , Its true He can do what ever he want , at least with me ..I'm not that strong

and as Pete said Quote:
It's supposed to be fun. Keep it that way

that is also very true ,I do this because I like it ,I'll try to keep it that way
 

...

Venezuela
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Reply #25 - Nov 18th, 2010 at 12:42pm

vgbaron   Offline
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Fly Virtual
Burbank CA USA

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It's a lousy situation for sure.

one thought but it would be a lot more work for you.

Release the product as freeware demo - limited run time.

Ask for registration - free - to activate product. Ask where it was downloaded from or, if possible put some sort of hidden code to determine the download site.

Don't activate anything from FSPlanet.

Might work.

Vic
 

I7 980x 4.43G P6X58D 6G Mushkin 1612 6-8-6-24 1T EVGA GTX480 826/4200  Noctua DH14 Corsair 850W PSU 2 - 1TB WD HDD, 1 600G WD Vraptor for FSX Thermaltake Armor+ Case W7 64 Pro.
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Reply #26 - Nov 18th, 2010 at 1:00pm

ViperPilot   Offline
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Alex,

I'm sorry to hear of your difficulties. As many have said above... don't let it get you down. In life, the important thing is to keep moving forward, no matter what gets thrown your way. It's obvious that you have lots of support from your fellow simmers, so keep on doing what you do and forget about the jerks who break the rules. It will come back to haunt them someday.

Cheers,

Alan  Smiley

 

[...
"I created the Little Black Book to keep myself from getting killed..."
-- Captain Elrey Borge Jeppesen

P4 3.0 SINGLE CORE, 2GB Corsair RAM, ATI Radeon 4650 1GB, OCZ 600w PSU, Samsung 160GB HD XP SP3

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Reply #27 - Nov 18th, 2010 at 1:30pm

EVVFCX   Offline
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most of it.
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Hi From my own searching:

The host server is in Houston.

This information is freely available via the internet just by searching for www.fsplanet.com

host company is also available on the internet

Please don't let this get you down.

regards

Steve
 

May the Mynd be with you.
So far my number of landings either passenger or pilot equal my number of takeoffs, but that is due to change Smiley
13/07/11 Passed BMFA Fixed Wing 'A' test.
FSX Gold
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Reply #28 - Nov 18th, 2010 at 4:00pm

Daube   Offline
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I suppose the amount of effort to get this stupid site drop Alrot's files would not be worth the result. I'm a bit pessimistic here but as many already said, Alrot is not the first one to get problems with that famous site.
After all, there is a reason why FSPlanet is nicknamed "FSPirates" on all the FS forums.
 
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Reply #29 - Nov 18th, 2010 at 7:01pm

kev13479   Offline
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Hagar wrote on Nov 17th, 2010 at 7:17pm:
This has been going on for years. My advice would be to ignore it.




I totaly agree with Hagar, i would let this one go alex, but make sure to put "DO NOT DISTRIBUTE WITHOUT MY PERMISSION" on the readme file. Is a great plane by the way, i dont think FSplanet diserves such a great freeware plane.
 

Kev13479
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