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Authors please take note... Files uploaded by Ferdy to VOLFTP, the site that he is using to host his library, has the following terms for uploads placed there:QUOTEPLEASE BEWARE:All material submitted to VOLFTP by the authors, including software, pages in HTML language, images, may be used by VOLFTP for promotional purposes, CD-ROM/DVD creation with VOLFTP and Mondadori trademarks, without asking for further authorization.The material sent may not be deleted from VOLFTP servers without being replaced with a newer version. VOLFTP publishes software sent within 15 working days by the day of reception of the software and of the author's email containing all required data.The final decision whether to publish a software or not is taken by VOLFTP editorial staff.The software received will NOT be returned in any case.UNQUOTEThe fact of the matter is that by uploading freeware to VOLFTP, Ferdy is putting your files in the position of being published on a CDROM and sold by VOLFTP, and you have absolutely no control, rights or recompense for he having done so.

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I sent Ferdy a letter yesterday, asking him to comply with the wishes of the various freeware authors that have requested him to remove files from "his" library. The fact of the matter is he can't, and the above terms say why.

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Surely VOLFTP have to consider the fact that the files have not been uploaded by their authors ???

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One would think so... but I am not sure that is the case. We are looking into that very question. However, it might do well for authors for them to contact VOLFTP directly and register their complaint (if they have one).

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Tom,I have not got anything out at the moment, but hopefully should have soon (fingers crossed). So I have emailed VOLFTP the question to see what they come back with since it is a concern !!!

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Ferdy's really crossing the line with this one--and I thought his supporting that Spyware program was bad!Yep,the way I read it is that VOL can stick your files on a CD-ROM and sell them whether you like it or not, but..the big word that might have Ferdy's t*t in a wringer is AUTHOR. VOL is assuming that files upload to their servers are by the orignal author,thats quite an assumption to make.Ferdy's not the author of these files,he's just merely trolling FS sites and uploading on his own.I wonder if Tom Miller uploaded his Twin Bonanza to FSplanet??-its right there in the library and probably well on its way to being burned to CD.Some people may have uploaded to FSplanet on their own but I'm wondering if they really know exactly whats going on. BTW,where is the upload button on the site? I didn't see it...David

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There isn't from what I have seen, but in some email from Ferdy that was provided to me, he mentions that some authors DO email him files. He does admit to poaching from "other" sites in the same email.

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Well, three of my files are uploaded there, and I can say, I am completely outraged! While they are only repaints, and nothing compared to someone who made a whole model or panel, I can completely understand the anger everyone is feeling.I sent them an email explaining the files were illegally redistributed without my permission, and demanaded that they be removed within 24 hours.Plus, on the VolFTP site, the top of their page reads: Fly with VOLftpStarting from today, VOLFTP offers you the biggest file collection for Flight Simulator. The file archive consists of 14,000+ files coming from enthusiasts of all the world. It includes airplanes, airports, control panels, nacelles and various scenarios that will allow you to customize Flight Simulator.Bloody outrageous :-fume (them stealing our nacelles and control panels) Thanks, Tom, for bringing this to everyone's attention :-)

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Would be good if you can let us know what happens !!!!(This one was slow to appear - however reply from VOLFTP below)

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(Already posted to this but it vanished)....Just had a response from VOLFTP reads as follows :::::::"We have only an automatic mirror of flight-simulator file collection, please refer to Ferdy Serena ferdy@fsplanet.com to remove files and put in cc us (ftpsw@volftp.mondadori.com) , if he does not remove the files write us and we consider the problem and find together a solution."At least not as black & white as their T's & C's would appear to be (and more promising than the response from Ferdy).....

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I am not a lawyer, but have had numerous dealings with copyright cases in my regular job. I would say that VOLFTP has NO RIGHT on any STOLEN SOFTWARE. And it looks to me that Ferdy is stealing (illegaly copying to) software from freeware authors (and perhaps even shareware authors) and submitting it to VOLFTP.I do not think there is one country in the world - and true, there are some with real funny laws, and lack of laws, as we are finding out these days - that does nit have at least a law on copyrights - acknowledging the unwritten rights by each and every copright owner.I don't know who VOLFTP are, but I am pretty sure THEY know as well as we do ;-)In my Dutch-to-English doctionary that makes VOLFTP a fence.(interesting, 'voler' is french for 'stealing'. Steal through ftp ??? Hmmmm... ;-) ) :-outta Francois :-wave[table border=0 cellpadding=10 cellspacing=0][tr][td valign=bottom" align="center]"At home in the wild"[/td][td valign=bottom" align="center][link:avsim.com/alaska/alaska_051.htm|Don's Alaskan Bush Charters]"Beavers Lead the Way"[/td][td valign=bottom" align="center][link:www.avsim.com/vfr_center/mainpages/vfr_flights_main_page.htm]VFR Flight Center]"Looking Good Outside"[/td][/tr][tr][td valign=top" align="center]http://avsim.com/hangar/air/bfu/logo70.gif[/td][td valign="top" align="left" colspan=2]http://www.fssupport.com/images/moose2.gif[/td][tr][/table]________________________Francois A. "Navman" DumasAssociate Editor &Forums AdministratorAVSIM Online![/bemail: fdumas@avsim.com________________________

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Looks like VOLFTP might be hanging Ferdy out to dry. Nevertheless, claiming to have an "automatic mirror" does not absolve them of culpability in the unauthorized use and/or sale of authors' property.Interesting this one,Regards,

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I have asked them repeatedly to keep my stuff off there site. Everytime I put something up at AVSIM which is the ONLY place besides my site that I want my FREEWARE work. It always shows up shortly on there site. Not good at all.Frank B^)

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That disclaimer can say whatever they want it to say. The fact is, if somebody uploads freeware software to that site, and that software in turn appears on a commercial CD, the publisher of that CD is violating both the original author's copyright and the freeware license agreement that should have been included with the software. The publisher of the CD could face a hefty lawsuit and criminal charges, regardless of who uploaded the software to them.

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