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Guest Matt Johnson

Stolen textures

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I guess they pulled them down to redo the appology. It is finally given to the right person, Anniette, and in both English and French. Pete S

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I clicked and got this: "The web site you are trying to access has exceeded its allocated data transfer.""Boo-beh-beep! We're sorry! Your call cannot be completed as dialed. Will you please check the number and try your call again. Boo-beh-beep! We're sorry..."Yes they are! (must be hosted by Bell) LOL -- wait a minute. I just remembered we now have SBC-Yahoo Dial. It is hosted by Bell! Ack! Ack!Too bad -- I'd be interested to see it. --BeachComer Stephen "Beach" Comer Real World Pile-it Commercial ASMEL, Instrument Airplane 4500 TT, 2500 BE20 & BE10

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Guest Timbo

I've had my textures taken atleast five times. Not really a whole lot you can do about it. :( Most of the time when you contact the supposed author, he just makes up a song and dance about how it was all his work when the evidence is clearly there. :-roll[TABLE BORDER=0][tr][td]

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[link:www.fsworldonline.com/~timsfsstudio]Click here to visit Tim's FS Studio!] Updated August 31st!

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Guest Heather 636

I had implied in my second post on this topic that I was fed up with the incessant bickering and was ready to pack it all in with exception to flying.Since then, I have had a night to sleep on it and to that implication, in hindsight, to hell with that notion.Too many times in the past I have beseeched others to not hang it up when they were depressed or ######-off from being bombarded by criticisms, complaints, and downright rude behavior. I may be guilty of a lot of things in my life but I strive very hard not to be a hypocrite and that is exactly what I would be if I hung up my paint brush now.Most of the "complainers/thieves/trolls," or whatever else you want to call them are a minority. The large portion of the good people who frequent this site and others are good, honest people who genuinely appreciate everything that so many do for everyone else, most often free of charge.I can understand Anniette's frustration and anger, as well as that previously experienced by Mike Stone, Don Moser, and many others at the hands of a minority group. Well, I am going to live up to my own preaching at them and say that I'm not going anywhere because of a small group of buttholes.When I do leave, it will be at the bequest of the site owner/manager or because I have just gotten burned out with what I do; not because of the rant of some few who think that we should keep our mouths shut when we have been wronged, do everything "perfect," and bend over for anything else they want to give us.As the old grizzled, stroke-paralyzed character portrayed by Anthony Hopkins in "Legends of the Fall" said in a classic scene, "Screw 'Em!"I'm staying, and I also hope that Anniette will, as well as Don, Mike, and all the others who enjoy what they do, give freely of their work, but are not afraid to speak out when their generosity is taken advantage of.Okay, that's my say. Go ahead and flame me now. I really don't care. I know where my loyalties lay and who my friends are.Sincerest regards,Heather Sherman

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Kevin; I just had to answer this one. Nowhere in this thread have I condoned anyone taking someone else's work product without at least asking. PERIOD!! IMHO, that would be just plain RUDE!!!! What part of that don't you understand. Being RUDE is a long way from being a THIEF. IT IS ABSOLUTELY WRONG TO COME INTO THESE FORUMS AND ACCUSE SOMEONE OF BEING A THIEF WHEN ALL THEY DID WAS USE ONE OF YOUR TEXTURES WITHOUT YOUR PERSMISSION AND WITHOUT GIVING YOU PROPER CREDIT. That's just plain BS. The proper way of taking care of a situation like this is through a private email. IF you was to apply this scenario to anyone who has borrowed a BMP from time to time; then every single freeware designer is could be considered a THIEF. Give me a break. You all seem to claim copyright infringement rights violations with a grain of salt. Register your work product with the State you live in or with the Federal Government by doing the paperwork and paying the appropriate fees. Then you got something to complain about. Don't give me this line about I claim I made it therefore it's mine garbage. To that I say "PROOF IT". Clients ask me questions about copyright law all the time. My response is, register it and then you got something. Don't register it and all you got is your word that it's yours. I've dealt with copyright registration a dozen or so times in the last 16 years and I've also dealt with accusations concerning copyright infringement in my law practice. You want to try to proceed with a common law copyright infringement claim, you better have a $100 grand for the legal fees and be ready to lose the case. You register the copyright and then you got something that can be dealt with in a single threatening letter to the offender.I may look at things a bit differently than the common person simply because I've dealt with these matters before. Offer me a choice on which cause of action that has arisen as a result to the above words and I'd taken the libel claim cause I could win that one.

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I'm sorry, but I have to differ. I'm not a lawyer, but I own several registered copyrights and I've been thru the whole course, so I have some meager knowledge on the subject. It is absolutely not necessary to register or file anything. Any original artisitic creation automatically becomes the sole property of the creator and is immediately protected by state, federal and international law. Use of said property, especially in direct violation of the owners explicit written instructions to the contrary is THEFT, pure, simple and indisputable. Go into an art galery some time. Take one of the paintings and paint your name over the original artist's and put it up in your own galery. Don't be shocked when (not if) you end up in handcuffs, and it won't matter whether the artist registered his copyright or not. Just because a graphical work (like aircraft textures) is in electronic form does not make it any less the property of the creator and any less grievous for someone to apply the sticky finger discount.Mike Stone

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Mike; I think we're differing on the use of the english language here. Of course a person who creates a work has automatic ownership rights in that property and it doesn't matter whether or not it's electronic or on paper. Any person who violates that ownership right has infringed upon that copyright holders property. No problems there. Look up the legal definition of the word "Thief". I interpret that definition in it's strictest sense. The biggest difference between the holder of a common law copyright and a registered copyright as you may well know is that in order to bring a cause of action on a common law copyright or unregistered copyright (whatever you want to call it) is that with the former, actual damages need to be proven and the process is lengthy litigation if the alleged violator wants to defend against the allegations while with the later (the registered copyright) no actual damages need to be proven and the litigation is short and simple and attorney fees can be awarded under the various statutes and one can easily obtain an injunction. When is the use of various bmps and airplane parts in the freeware scenario proper or not proper is the question most are faced with and it's a total mess. Many authors who made something last year or last month for the freeware community could give a hoot whether someone else uses this or that cause the original author probably borrowed whatever he/she published in the first place. How is anyone to ever KNOW?? My whole point here is that "DON"T call someone a thief in this public forum when you feel your ownership rights have been infringed upon. IMHO, that's as bad as and as rude as someone swipping the thing in the first place. And, anyone who does, ain't gonna get any sympathy from me. Just my humble opinion.

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:) Yeah it does!!!! :)Actually I forget the name of the group but they are now defunct. They gave me permission to repaint and upload. But since they have went there separate ways I don't have a clue on who to contact to make sure it is still ok. I also have the UPS Olympic livery as well. Hopefully one of the designers will see this and allow me to upload.Thats part of my problem. The freeware groups come and go so much nowdays, who does the actual freware design belong too? If I did release it I would be afraid that somebody would come on one of the forums and bash me for releasing somebody else's design. Thanks for the kind words. Don, I love your site! It seems as if you have been around FS since the 8th grade picnic :)Jeff

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Yep, I can see some of your points, and the ownership of stuff on the net is a very fuzzy area. Where I disagree in this particular case is that the property in question was clearly and distinctly marked. There could be no confusion on anyone's part about the ownership or usage conditions of Anniette's textures. She couldn't have made it any clearer. Where I come from, the definition of theft is taking someone elses properity without their permission, regardless of the "legal" definition. I have some books on my desk at work that are my personal property. I use them in my work, but they belong to me. They are clearly marked "Property of Mike Stone". If someone takes one of those books, scratches out my name, and puts their's in its place, then in my book (no pun intended) that person is a common thief, regardless of whether I can "prove" that the book was actually mine to start with. Regardless of who can actually prove they own it, the fact of the matter is that it didn't belong to the person that took it, and he/she knew it.Mike Stone

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Well said ! Don't let the b******s grind you down !You know where I stand, and you and Anniette have my full support. Its people like you that make the hobby what it is, and your efforts are really appreciated. I couldn't repaint a plane to save my life, but have no intention of stealing anyone else's work because of that inability.I look forward to your next project- if its anything like the Duck, we're in for a treat !

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I think they've shut their shop (Pan Am VA) :(Darren BoonAmerican Airlines VirtualBritish Airways Virtual

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Scott,That must be a confused monkey. :)Your right, Anniette has every right to try to stop the person from using the texture. Just as Pan Am has every right to stop Anniette from using the texture. Just because Pan Am and most other airlines don't prosecute or waste their time trying to stop people of our hobby from copying their "Copyrighted" livery doesn't make it ok for us to do it. Remember when American started enforcing their "copyrighted" Logo and livery? The sim community went nuts and wanted to boycott American. But when the person used Anniettes textures, and Anniette trys to enforce a copyright it's OK. There is so much of a Double Standard in this hobby now days.What good has this thread brought to our hobby? The bottom line is Anniette used somebody elses design (pan Am) on the texture. I may have been cut and pasted or drawn in paintshop it is still Pan Am's Logo and design. Another did the the same to Anniette but it is considered stealing. What is right and what is wrong?Jeff

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