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A bit of advice on copyright violation please

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I know this isn't directly related to aviation, but since I did offer this program a while back as a way to build custom VA logos, please humor me.A couple of years ago I released a program called "Spirapaint", mostly as an educational tool but also for us nostalgia buffs who remember the days of the good old fashioned Spirograph.From time to time I google my title just to see where it's cropping up. I found it at this link:http://spira-paint.softwareandgames.com/These clowns have been charging people $1.50 per download even though my license clearly states that the product cannot be sold for profit or for non-profit.My question, since I don't have deep pockets--how do I go after folks like this? It seems like they are offshore, which makes it all the more difficult. I don't want compensation--I simply want them to remove the title and also to refund the poor people who paid for my free product. My product is hosted on my own page here:http://members.cox.net/cactus521/spirapaint.shtmlAnd also on most of the major download sites, such as brothersoft, zdnet, tucows, etc...Thanks and Regards,John

  • Commercial Member

That place is far more likely to be a credit card/banking info theft site than actual software site.One of the big scams on the internet these days is to get a fake web site boosted up in the search engine for whatever someone's searching for... then when the person wants access, they have to 'pay'... except the payment is just a way to get the banking info and start charging out the wazoo.

Ed Wilson

Mindstar Aviation
My Playland - I69

I suspect there's a good chance they could wangle their way out of it by claiming that the charge is for the download hosting and not the software itself, but if you do want to go after them, the best thing to do is to contact a law firm which specialises in copyright and intellectual property rights, and consult them about it, since they'll be in a position to know what can or can not be done. You may be able to do that on a 'no win, no fee' basis. I think it is likely that you could probably only get them to stop doing it, rather than actually take them for compensation.Al

Alan Bradbury

Check out my youtube flight sim videos: Here

I suspect there's a good chance they could wangle their way out of it by claiming that the charge is for the download hosting and not the software itself, but if you do want to go after them, the best thing to do is to contact a law firm which specialises in copyright and intellectual property rights, and consult them about it, since they'll be in a position to know what can or can not be done. You may be able to do that on a 'no win, no fee' basis. I think it is likely that you could probably only get them to stop doing it, rather than actually take them for compensation.Al
I suppose I could just wait until someone contacts me saying they downloaded from the site, and I could advise them of the situation. I state in my EULA "Any site may host this program as long as they offer freely accessible downloads and do not solicit fees of any kind for the download." I have found that the server is hosted in Plano, TX but I still suspect the people running the site live offshore. Instead of having people pay online apparently they are getting people to text a number, in exchange for that they are giving them a code to type in to start the download.I don't know if they are linking to the zip on my webpage. I may remove the file (since it can be found elsewhere) and put a note directing people to other websites.Regards,John

You can contact the Supreme courthouse in DC, nothing will happen to that site, stop thinking that people actually care about copyright violation :(

You can contact the Supreme courthouse in DC, nothing will happen to that site, stop thinking that people actually care about copyright violation :(
Negative as this sounds I think you're pretty close to the truth. I know there are risks with freeware and this is not the first time someone has charged for mine--it's just the most blatant. Once I wrote the host of such a site that had hijacked one of my flightsim files, and they wanted me to sign and notarize an affadavit with my home address, phone number, etc...along with source as "proof" I owned the code. Sounded like the site was in league with the crooks which were charging for my file.For the time being I will remove the link from my site and replace it with a reason as to why along with directions as to where to find the file and why it was removed. I am hoping these clowns get the message.Regards,John

JohnI went to the website. The $1.50 is only if you want to join their fast download group. I downloaded your game for free. There is a link at the bottom of the download box so you don't have to pay at all. I download a lot of free stuff and see this all the time.I also got the install error listed in the readme. Couldn't get the link to work.Bob

Bob

i5, 16 GB ram, GTX 960, FS on SSD, Windows 10 64 bit, home built works anyway.

JohnIt may be a genuine site. I clicked on the Terms of Use at the bottom of the page. These refer to a company called Intexmedia SL based in Caceres in Spain. Intexmedia has its own site.http://www.intexmedia.com/This gives its address as:Calle de los Pa

Gerry Howard

JohnI went to the website. The $1.50 is only if you want to join their fast download group. I downloaded your game for free. There is a link at the bottom of the download box so you don't have to pay at all. I download a lot of free stuff and see this all the time.I also got the install error listed in the readme. Couldn't get the link to work.Bob
Thanks, do you know site they linked to? Mine or another site? Thanks for the tip on the link, sometimes it works and sometimes I guess it does not. Most people who've contacted me were able to get the file. I would have distributed it with my package but I believed Microsoft would not permit that, so I chose not to take that risk.Even if the $1.50 is for their "Fast Download Group" they are still in violation of my EULA. I will either remove the file or if they are linking to one of my download partners, I will contact them and let them handle it from here.Regards,John
JohnIt may be a genuine site. I clicked on the Terms of Use at the bottom of the page. These refer to a company called Intexmedia SL based in Caceres in Spain. Intexmedia has its own site.http://www.intexmedia.com/This gives its address as:Calle de los Pa

I think they just said they use and outside link and are not responsible for any problems downloading or if the file works or not. They are only charging for download speed. As you may know, there are flightsim sites that do the same thing.Bob

Bob

i5, 16 GB ram, GTX 960, FS on SSD, Windows 10 64 bit, home built works anyway.

  • Moderator
I think they just said they use and outside link and are not responsible for any problems downloading or if the file works or not. They are only charging for download speed. As you may know, there are flightsim sites that do the same thing.Bob
The "free download link" got the file directly from John's website...I agree with Ed on this. It seems to be a "Text Message Scam" whereby they can keep hitting your cellphone account for $1.50 every month and make tons of money......after all, who really checks the detail on their cellphone bill every month!I've run into this before with those "Game Link" ads that're on Facebook. Pay once for real; then pay forever (or at least until you finally notice the monthly charges!)... :(

Fr. Bill    

AOPA Member: 07141481 AARP Member: 3209010556


     Avsim Board of Directors | Avsim Forums Moderator
I think they just said they use and outside link and are not responsible for any problems downloading or if the file works or not. They are only charging for download speed. As you may know, there are flightsim sites that do the same thing.Bob
Yep, as pointed out they are charging to improve "Download speed" from my own website by making people wait before they pop up a link to my file and only eliminating the wait for people who fall for their hustle. I am familiar with sites that HOST flightsim files and try to charge for access, but anyone charging for access to my own web page is stealing my bandwidth. Anyone who thinks such type of action is OK needs to do some serious soul searching IMHO.I have a solution which will still provide access to my file and catch them at their con and I will be implementing that immediately.Regards,John
Anyone who thinks such type of action is OK needs to do some serious soul searching IMHO.
Well, we know from recent discussions that standards on the internet are a bit like the sliders in FSX; some people don't have the moral hardware to move them all the way to the Buddha-like settings over on the right, and choose to move them to the left LOLAl

Alan Bradbury

Check out my youtube flight sim videos: Here

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