Legal Terminology " . . . free to distribute . . "

[Guest Heather 636]

After discussing Bush Scenery with the author, Mr. Paul Jensen, the other day regarding posting his work here. The wording of many read-me files has stuck and the more I've thought about it the less sure I am. After learning my lesson the hard way, legal terminology is one thing I do not wish to take for granted; something to be read VERY carefully.The part I'm getting to now, is where you see in many "read me" files under copyright rules, their giving the user the right to "freely distribute," often with various conditions.What brought this up is this question. I am always looking for new or hard-to-find material for FS2002. If I find something that I think is really neat, but we don't have it here at AVSIM, and there "read me" gives this right to "free distribute," are they basically giving me permission to upload it here? Of course with the proper author name and all that.This was what I had corresponded with Mr. jensen about. Fortunately for us, he has been kind enough to start uploading his Bush Scenery to the AVSIM file libraray; which, if I may say so, is a fine piece of work. I highly recommend it if you do any bush flying at all.Just curious,HeatherThe propeller is there to keep the pilot cool. Think not? Watch how much you sweat when it stops unexpectedly. ;) http://ftp.avsim.com/dcforum/User_files/3d18e8077527c2cb.jpg

[Guest Lindy]

Heather, I know what you mean about the sometimes ambiguousness of certain ReadMe text. I too have wondered about that. But to give an opinion re your specific question, I do not think the term "freely distribute" means you can upload it here to Avsim, even when giving credit. I could be wrong but I would err on the side of caution. I interpret it to mean you could perhaps e-mail it or put it on floppies/CD and e-mail/snail mail it to a specific individual(s). However, as with everything legal, I'll bet if you got written permission from the author, creator, developer, whatever to upload it here to the Library, then you'd be fine.Just my two cents...... from someone who has spent more years than I like to think about working for attorneys. :-roll-Lindy :-wave

[Guest SoarPics]

Hi Heather,The words "freely distribute" are something I would advise any freeware author NOT to add to a readme file. There are many in the world who would argue that this implies the release of the Intellectual Property to be distributed by anyone to anywhere, without requiring the author's permission. To allow for "freely distribute" is akin to signing a "Work for Hire contract" pertaining to a creative endeavor, which permanently surrenders any future claim to rights of ownership, royalties, or other future compensation. A death blow to any creator looking to earn a living.I believe the freeware authors and creators in this hobby could better protect themselves if they downloaded their creations to sites they knew to be reputable, and disallow any other distribution (in their readme files). This seems a bit harsh on the surface, but would soon minimize if not eliminate the poachers.Which leads to your question about distributing other's files. I would offer you this safe and friendly alternative: Ask the creator to consider downloading their creation here themelves. That way they make the final decision themselves, and there will be no questions concerning their true intentions.Hope this helps,

[Tom Allensworth 1,532]

Ah, a subject near and dear to our (AVSIM's) hearts. Irrespective of the readme file found in any file, we have a policy at AVSIM that says in short; if you are not the author of the file, please do not upload the file to the AVSIM library UNLESS you have specific permission from that author to do so. We respect the author's ownership and control over distribution and we will immediately remove a file if we detect that it was uploaded by a well meaning individual who didn't get permission to do so first. So, if you have the author's permission, and can substantiate it when asked, then please do upload.

[Guest SoarPics]

Not near and dear to my heart, but it is to my wallet :-fume ... which as I grow older becomes nearer and dearer to my heart.Regards,

[Guest Heather 636]

Thank you all for elliminating the "fog" on this subject and making it much more clear, both in the legal aspect as well as the moral.As many of you know, I had already got myself into trouble once, and that was WITH permission. I've said it before and will again that I would not knowingly or intentionally step on the toes of anyone else's work.After doing a repaint and discovering how much time was involved in that, and now, the hours I have logged and still not finished with American/Canadian Pacific Northwest Scenery listing, I don't blame ANYBODY for getting peeved when someone else jumps on the bandwagon without deserving it.This has come up yesterday while I was working with scenery files and came to Mr. Jensen's "Bush Scenery." Not being absolutely sure of what was correct and not, I had contacted him with regards to getting his permission to upload his files here. As you have seen with the latest uploads, he is now doing so of his own accord, better yet! No, if there is one thing I have learned from my recent mistake, make sure you have permisssion, ALL of the permission, if there's more than one person involved. NEVER assume!Cheers y'all!HeatherThe propeller is there to keep the pilot cool. Think not? Watch how much you sweat when it stops unexpectedly. ;) http://ftp.avsim.com/dcforum/User_files/3d18e8077527c2cb.jpg

[Guest]

For years I have released my freeware works with a license that allows unlimited distribution with a few caveats:Copyright and License"Program" is Copyright © "Year" by "Author" <"Email">. All rights reserved."Program" is released as Freeware under the following license:Redistribution and use in binary form, without modification, is permitted provided that the following five conditions are met:1. Redistributions are only authorized in binary form and must keep intact the full and unmodified original zip archive, unless otherwise consented to in written form from the above author(s).2. This copyright notice, this list of conditions and the following disclaimer in the documentation and/or other license materials must not be modified from this original form as received.3. This software may only be distributed without charge and without 3rd party attached license, except in the case of a nominal distribution fee if requested and consented to in writing from the above author(s).4. You may not charge for or distribute this software in conjunction with commercial software, in whole or in part, without prior written consent from the above author(s).5. You may not reverse engineer or decompile the provided executable without prior written consent from the above author(s).NO WARRANTY:THIS SOFTWARE IS PROVIDED BY THE AUTHOR(S) AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.All of my previous works did *not* include the bold part above. I had to explicitly add that stipulation once AVSIM brought the FSPlanet fiasco to light. That they charge a fee for "better" service to download FREEWARE files leeched from other sites that do NOT charge a fee for "better" service really ticks me off. Even with AVSIM's power however, FSPlanet still continues its deplorable actions. And now we have other examples that you and Steve have brought to light from other organizations. In all these years its never been a problem: until now.Its just sad.Take care,http://members.rogers.com/eelvish/elrondlogo.gifhttp://members.rogers.com/eelvish/flyurl.gif

[Guest]

Elrond,Speaking of getting permission: do we have you permission to use your "legalese" written here and to modify it as necessary for our own use??? :)I feel it is VERY well written and would love to steal it!!!! :)Happy Flying!Bill MolonyAtlanta GA USAUnder the 27L Approach to KATL--the busiest airport in the world :)

[Guest]

Hi Bill,Absolutely... Feel free to steal it or change it however you wish. Its basically a conglomeration of different license stipulations I've read over the years, so its not really mine to begin with. Now weather its completely foolproof from a "lawyerish" standpoint, I haven't had to test it in court so far (Thank God): so buyer beware. :-)Take care,http://members.rogers.com/eelvish/elrondlogo.gifhttp://members.rogers.com/eelvish/flyurl.gif

[Guest]

Thanks!But of course you know it really doesn't make any difference what it says.What really matters is who has the most expensive lawyer!!!! :)Happy Flying!Bill MolonyAtlanta GA USAUnder the 27L Approach to KATL--the busiest airport in the world :)