FSPlanet Library

[Guest]

Hehe - don't worry I do stuff like that all the time !!!

[Christopher Low 5,353]

Tom,Are you suggesting here that this guy has recently done some mass downloading from AVSIM, and that he might just be in the process of using some (or all) of these files for his own personal financial gain ?Chris Low,ENGLAND.

[Guest Wichita]

>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. It would be questionable ethics if all Ferdy was doing was poaching to make his site a better place to visit. But,shessh..he's taking others work and uploading to a server who flatly states there's a real possibility that such work may end up on a commercial CD with no renumeration to the author. The fact that Ferdy knows the conditions of VOLFTP and uploads without the authors permission makes it a criminal act. David

[Johan_Dees 84]

If they really sell illegal, mail www.bsa.com and let them sort it out.Johan[A HREF=http://www.phoenix-simulation.co.uk]Phoenix Simulation Software[/A]Unofficial PSS website:www.people.zeelandnet.nl/johd

[Guest]

Elrond, everything I've seen indicates it is an Italian website.

[Christopher Low 5,353]

Those "conditions" that you mention are unacceptable in themselves. Why would anyone want to upload anything to this VOLFTP site in the first place ?Chris Low,ENGLAND.

[Guest SoarPics]

Just to add to the mix here, I was perusing VOLFTP's collection of aviation photograghs and saw an image I created a few years ago. The photo was never placed in the public domain (the customer had single use permission and used it in some training manual as I recall... have to check my records). They, of course, are using it without permission.Regards,

[gosta 0]

>I hate to put it quite like this, but legally, you gave him >right and title to your work. (I sometimes do free lance >writing). Unless you care to wage war in the federal >court$.. by sending material, agreed to him using it, pretty >much "however he likes". Lots of luck. Actually, no. First, he would have to be acting as an agent for VOLFTP, there is nothing on FSPlanet.com, indicating that he is - the only reference to VOLFTP is in the Privacy statement where it forbids linking directly from other sites to individual downloads. Also, and more importantly, the terms and conditions can only apply to voluntary uploads - the lack of a 'File Upload' section on FSPlanet.com seems to indicate that those are few and far between. Anything he downloaded and posted on VOLFTP without the author's permission is not covered by these terms and conditions. And even in the case of voluntary uploads, the enforceability of those terms is shaky at best - What constitutes consideration? The allocation of sever space could be argued to do so, but even in that case, the benefits seem to be heavily weighted in favour of VOLFTP, and may violate sections of the UCTA in the UK and similar legislation elsewhere. Basically, if you have not uploaded your file to VOLFTP yourself, you are entitled to have it pulled from their site, and even if you did upload it voluntarily, you are likely to have recourse against VOLFTP in some form or other.Cheers,Gosta.EDIT: corrected spelling mistake

[Guest]

Pause...A very funny cartoon, thanks certain sysadmin! :-)I did some thinking. Things happen in this world that aren't nice I know but I wouldn't want to deprive the few nice people who would benefit from my work. Consequently I leave it to the universe to put things right come the day of accountability.You have to get your priorities in perspective and my number one priority is to lose at least 20 pounds because my clothes are beginning to not fit. :-lol

[Tom Allensworth 1,532]

Chris, yes...

[Guest]

Talking about ethics, here's the letter I sent to them a few hours ago. Haven't received word back yet.--Ferdy and VolFTP,I respectfully require that you remove all files authored by myself from your servers and remove listings and linked images included with, but external to those works from your web site at http://volftp.mondadori.com. While I personally do not mind my works being distributed by end-users to sites of their choosing, my files were not uploaded by end-users (and most certainly not by myself) to your site. It appears they were mass leeched from the library at AVSIM. This is obvious because the thumbnail images that I specifically created for and uploaded to AVSIM and no other sites are also included on your web page in my works listing. I find the tactics you have used to build your Flight Simulator collection morally reprehensible.In addition, I usually grant permission for a publishing site, such as VolFTP, to distribute my work in combination with other works on compilation CDs - as long as its sold for a NOMINAL AND REASONABLE fee. Many others, whose works have also "appeared" on your site, do not share my views in this regard. In response to the method in which you collected these works, I deny your right to use them in any way. As clearly stated in my license: All Rights Are Reserved. I invoke those rights and require the removal of my works from your system.I find two "claims" as you have written on your site to be potentially illegal, but more important, ethically challenged. These "claims" are:QUOTEThe material sent may not be deleted from VOLFTP servers without being replaced with a newer version.END QUOTEYou are in breach of the license included in my works by assuming rights to those works beyond what is granted. You have been given no rights to hold my works in bond. This ethically challenged and potentially illegal "claim" must be revoked immediately if you wish good will towards your site and your persons from the FS community.QUOTEAll 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.END QUOTEAgain, you are in breach of the license included in my works by assuming rights to those works beyond what is granted. You have been given no rights to distribute my work for a fee without my express permission. This, again, ethically challenged and potentially illegal "claim" must be revoked immediately if you wish good will towards your site and your persons from the Flight Simulator community. In addition, this second "claim" as quoted implies that Trademark rights are yours to bestow upon my works. This, again, is potentially illegal, but beyond legalities, it is morally wrong.Mistakes can and do happen. I would hope you have simply made a few in this case, both in the manner in which you obtained your FS library, and the potentially illegal "claims" you make upon those works which are not yours. I would hope you see the errors in these practices and will remedy them immediately.(I asked for the specific files to be removed here, as well as their listings)If you resolve the broader issues and the individual complaints as discussed in this email, I have no doubt that your reputation in the Flight Simulator community might be restored, by me at the least.Regards,Elrond Elvishemail@address.com--Upon readback I have come to a conclusion... Lord I sound too "lawyerish" sometimes! Ugh! This is specially bad since I know very little about the law in many areas...:-)http://members.rogers.com/eelvish/elrondlogo.gifhttp://members.rogers.com/eelvish/flyurl.gif

[Tom Allensworth 1,532]

"lawyerish" ??? Is there such a word? :-lolGood letter Elrond. See the Part Deux thread I just opened.

[Guest Lizardo]

(my mistake, I didn't know piracy was involved)

[Guest]

Thanks Scott... I tried with babelfish and the Italian translater, but for some reason it wouldn't work. Probably firewall related yet again :-). Alls well though because, as Gazzareth kindly pointed out, they've got an english translation included.I keep meaning to say Hi to you when I see your posts, but always seem to forget. So, Hi Scott. :-) Hope all is well with you and yours and wishing you the best as always.Take care,http://members.rogers.com/eelvish/elrondlogo.gifhttp://members.rogers.com/eelvish/flyurl.gif

[Tom Allensworth 1,532]

Just in case this thread get huge, please also see this thread:http://ftp.avsim.com/cgi-bin/dcforum/dcboa...orum=DCForumID6