ebay auction selling freeware aircrafts. Copyright viol

[Guest]

Hi Barney,I have a question (and please this is NOT meant to justify what this person is doing by ANY means). Just something I've been curious about.In the linked thread, a person writes:>>Just one of these model MDL files is equal to anywhere from 200 to 800 or more, front and back 8.5 x 11 formatted pages, A novel so to speak, If the code were to be printed on paper.When a freeware/payware designer creates a new aircraft or .mdl, does he write the .mdl file completely from scratch? In other words, is there even one tiny bit of that model file that comes from the original .mdl file that a Microsoft designer created? If so, then aren't all of the current payware developers kind of doing the exact thing they want to stop others from?Again, this is just plain "bored at work curiousity", as I am a huge freeware AND payware supporter!!

[Guest Brent Hebert]

The visual flight models are produced with design programs like Abacus FSDS or Gmax. These models are created from scratch using various polygons constructed by the design software. So to answer your questions, they do not contain any parts from Microsoft, but are original creations.Brent Hebert

[Guest eko]

Bill is correct here. eBay does have a stated policy regarding software compilations on CD being sold.Does that policy go against German law? That is for a judge to decide.Nonetheless, if an author has stated in his release statement that duplication is not allowed on CD, then I think (somebody correct me if I am wrong) whomever transgresses that is in violation of international copyright laws.Bill is correct in his statements saying that eBay has not upheld their stated policy. Somebody could bring them to task on that one, for sure. (But at what cost, and would YOU -not you Bill, just anyone in particular- want to be the one to do it? It could be as simple as a correctly worded letter in German to the proper German eBay representative.)

[gosta 0]

It is entirely up to eBay to decide, whether they want to enforce their policy or not, they are by no means obliged to do so. And no, their policy is not against German law... Duplication and distribution of someone's work on CD is not necessarily a violation of international copyright laws, unless the distribution deprives the author of income to which he would otherwise be entitled as the copyright holder (tricky in the case of freeware), or the distributor falsely claims to be the author of the work. Otherwise, it's a matter of breach of contract, but in the case of software licences you may run into difficulties establishing the existence of such a contract.Cheers,Gosta.http://hifi.avsim.net/activesky/images/wxrebeta.jpg

[Guest Barney1]

You're all talking through your lawyer hats, gentlemen, and you shouldn't be. This isn't purely about legalities; it can't be since not too many of us can afford the necessary costs involved with prosecution even if there were satisfactory grounds.Every few weeks this topic comes up and every time it culminates in a "legal" discussion. Not only does this _not_ serve the FS community as a whole, but it tends to lend support to and embolden those who wish to bypass the designers' wishes in the first place. If they think they stand a chance of getting away with whatever they're trying to pull because of some hazy laws, they will.It's a pretty simple request that the authors make: don't compile on CD's for monetary gain, don't fiddle with the original files, and refrain from up-loading to websites indiscriminately, and don't claim said work to be _yours_.The various websites need to cooperate on honouring the authors' requests, too. For without their participation, this nonsense will continue.If you think your laws, statutes and any other restrictions can supercede those requests, then forget about any more freeware from the designers. I wonder how long the FS community will tolerate having to make do with add-ons created by the legal beagles?? Because they'll be the only ones left!

[Guest SoarPics]

Well said, Barney.At some point in time the community must come together to stand with one voice... and not a legal voice. Few here can afford that.FSPlanet has felt the pinch in recent months for numerous reasons, the most of important of which is the community making its feelings heard to his advertisers.If eBay won't abide by its own rules on this matter, perhaps we the consumers should make our voices heard.Why fight the pirates by spending our money (on lawyers), when we can hurt them by denying them what they want most from us... our money.Regards,