Stealing files from AVSIM

[Guest timcclayton]

Hello all.I recently found to my disgust that another so-called FS site (one that charges a membership fee) has stolen 2 of my sceneries from AVSIM (the only place that I uploaded them to) and is displaying them for download on their site.They are called "http://flyawaysimulation.com". Is there anything I can do to stop them doing this? My README files clearly state:"This product is freeware and absolutely must not be used in whole or in part for commercial gain whatsoever. You may upload it to any website as long as the website in question is Microsoft Flight Simulator related and that there is no profit involved. This includes indirect charging (ie. website memberships and similar community-damaging activities)."So do I have any recourse?Thanks in advance for any help/advice,Tim Clayton.

[Guest timcclayton]

Actually, reading in the last week or so about Mike Stone and Thinus Pretorius (and probably others too) giving up development due to people abusing them and other people charging money for their work, I can understand why they have left to be honest.It is a sad day for our hobby when people feel like this and have their work stolen for profit.

[G7USL 117]

Hi Tim,I am sorry that this has happened and I feel for you but, by making us aware of what has happened will serve us in the knowledge that their site is a robber, which in turn will lead to nobody going there.I would consider their action as 'copyright infringement'.

[John_Cillis 2,406]

Sorry to hear this happened Tim. I found something similar with one of my files recently--the site had the nerve to expect me to register to download a package I'd authored. But I shrugged it off--my work isn't of the quality that people would have flocked to the site just to download it.One thing caught my eye: "This product is freeware"I would probably be careful not to call a package freeware in the future. Instead, I would substitute the text "This file may be freely used, subject to these limitations: "There's some sites that use some broad definition of freeware as license to take and distribute your files as they see fit, regardless of an author's efforts to place restrictions on them. They maintain the label "freeware" describes a legal pretext to do so. I used to worry about this more, but as the web and the savvy to use it has grown, very few users end up paying for files freely available on other sites. Blatant piracy where someone passes one's work as their own is more significant, as are those who dump all references to an author just to pass themselves off as file contributors for their fifteen minutes of fame.A legal expert could probably help you more, but unless a site is making thousands off of your add-ons I wouldn't waste stress and effort thinking about it. Heck, with the price of gas it costs more to drive to court to file a civil action than the profit these sites likely gain. I agree with the other post, that your thread here was the best action you could have taken. You brought attention to what happened, and maybe that will steer a few away.Regards,John

[Chase 303]

Let me see what I can do guys.

[Guest timcclayton]

Chase, thank you. I have sent the confirmation e-mail off to that slug and let's see what he does.I genuinely appreciate your intervention and it only confirms my faith in AVSIM. Thank you.

[Guest timcclayton]

And thanks to Dave and John too for your thoughts on this. I'm hardly going to be able to take them to court, but maybe they will remove the files. Pity it took AVSIM (and wasted their time too) to force them to do this - he certainly wasn't answering my e-mails. I suppose it shows that there are fundamental flaws in the Internet and the recourse (or lack of it) that individuals have when their work is "stolen" or plagiarised.As you rightly say though John, I am amazed that people are stupid enough to pay for a membership to his website - they haven't got 1% of the files that AVSIM have, so why pay a subscription?!

[Chase 303]

OK, these two files have been removed via diplomacy. :) Good day.

[G7USL 117]

Chase with all due respect, the damage has already been done so, why remove the files now?Both myself and all the members of the flightsim club here in southwest UK will not even visit that site again.

[Guest timcclayton]

I genuinely appreciate your help with this Chase.I should add that there was no apology, no acknowledgement of guilt, nothing from him.What a slimeball.

[Chase 303]

Can't squeeze juice from a turnip... ;)

[Guest 67C VJPL]

An observation i have noted with my output is that its the userswho upload the files to other websites , when i first started therewas a stipulation in the readme that the file was exclusive to Avsimbut as all developers know the readme is seemingly not read by all.At any rate i have had a lengthy email exchange on one occasion withthe directors of competing websites regarding "First Class Membership"and found it a complete waste of time , so what to do ? i dont wastemy time anymore .Avsim remains number one because of their enlightened policies and will continue to outpace the others in growth of advertising revenue,membership and good will .I hope the example provided will lead to enlightenment on the part of the other websites and if not their demise is almost guaranteed as a result of our strength , Avsim is part of the solution and i am part of Avsim by continued support through my aircraft uploads and beingon staff as a news editor , my version of a solution to the problem...their demise by attrition . Chuck Jodry VJPL FlightLab WestCoastATC.com

[victorwest2 0]

Don't know why all the main flight sim sites don't pool their resources and have just one file library. It would save all these problems when one site has files that were only intended for the other site. it would also mean that end users would only need to check one site for a file rather than several. Never going to happen though is it.

[Guest tmilton]

AVSIM's effort in helping protect freeware developers does not go unnoticed. This commitment makes it no accident that AVSIM has the largest file library out there.Thank you AVSIM!

[mgh 89]

>So do I have any recourse?The practical answer is no you don't.Reputable sites will remove files from the library at the request of the copyright owner. There is nothing you van really do abouts sties that won't. Legal action is impracticable for arange of reasons, partcularly problems with jurisdiction, establishing what loss has been suffered, enforcing any award etc, as well as cost. I'm afraid this is something we just have to live with.