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Attn: Dickson Chan and other freeware authors

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Think it has been dealt with, an error message is that is there now.Well spotted.

Actually, my link was bad. Try this: http://cgi.ebay.de/ws/eBayISAPI.dll?ViewIt...&category=21937Unfortunately he has changed the image. Previously it showed Dickson Chan's POSKY 747-400 (DC's original screenshot). Now he has changed it to show a PSS Lufthansa A319. He is still offering more than 155 airliners without specifying any authors. Misha

It is interesting, what the seller himself states in his offer:"All aircraft included in this CD are freeware and could be downloaded for free from the Internet (700 MB). The purchase of this CD saves you immense download time and the relevant online/download fees."Quite tricky, this guy! Wolfgang

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I really don't want to start an argument BUT what's wrong with what he's doing? There are a lot of services that do exactly that - collect various free items and distribute the collection.The fact that he didn't ask all the freeware authors? A little rude but not a requirement. I would think that if he keeps the freeware author's documentation and changes NOTHING, he's doing a service. The fact that he charges for this is not a big deal.Think of news clipping services, etc - they spend their time collecting information that is freely available and selling the service and the data.I have not visited ebay so I won't speak to his intentions, etc - but if he were claiming the work as his own - that would be a different story.Let me put it another way, if I wanted to hire someone to do exactly what he did, and save me endless hours of web surfing and download time - is this wrong? And since the person I hired already had the CD, is he wrong in offering the service, for money, to anyone else?Frankly, I say more power to him - if I understand correctly, then he's doing a service to a lot of flight simmers who only have dialup.With many of the new freeware a/c being in > 10meg category, if I were still on dialup, I'd buy it in a flash.Just another viewpoint - not everyone has "ulterior motives".vgbParanoia - where would we be without it

 

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Umm it certainly is a problem and has happened to me before..freeware authors such as myself and Dickson Chan in this case create these things for FREE!!, if they are sold for ANY profit at all this is wrong..howdare he make even 1 penny of profit from freeware work..many hours are spent creating these freeware paints etc..he has no right at all to sell them...i know i have painted many of the airlines he states in the ad..it's just not right..i hope my work is not there. :(

Greetings VGB!Well... there's just a tiny itsy little bitsy wrong with what the guy does, but I agree it's an extremely minor detail: he is committing a felony under both United States and international copyright legislation.But of course all of us, especially the lawyers, judges and of course the software developers here on this forum, can fully understand that you are prepared to overlook such insignificant details, and that you'd "buy it in a flash".Jaap Verduijn.

lol, u guys are flaming without thinking.....consider the guys points....he's talking about distributing copyrighted material intact...no theft, no profiteering on the product whatsoever. Hardly a felony to distribute freeware. No different than when my freeware pops up at an unexpected website.The sellers charge is for the distribution service only. The distribution and manufacturing of the cd is his doing, so he's not committing any crime by creating that distribution. This charge is analogous to the ISP charging its customer to log on and surf over to that website for download of the freeware. With this guys service, you just get the same files differently. Some people may value having the freeware on a cd. Try not to get your automatic flame response going, actually think about these points, and please clarify what felony has occurred?Bob Bernstein

Sorry, but its illegal if its done without permission. Besides, this guy has replied to me. According to his own words, his desire is to get back the 'immense internet fees' that he incurred for browsing all these sites and downloading 700MB worth of files. Sorry, but why should the sales of our freeware files subsidize someone else's internet and flightsim addiction? I pay for my hobby too and don't try to externalize the costs on others whose work product I had no part in. Besides, selling any kind of software, freeware or payware, on CD-R is against ebay.de rules. Period.Misha

Greetings Bob!"(...) he's talking about distributing copyrighted material intact (...)"Yep. And since he's doing it without permission of the copyright owners, he's violating both United States and international copyright legislation, which is not a simple misdemeanor but a fully-fledged felony. "(...) please clarify what felony has occurred? (...)"Exactly what you wrote he did: distributing copyrighted material. Be well!Jaap Verduijn.

Jaap, you appear to know the law...and I don't pretend to....soo...what makes this any different than if a web site offers the freeware without the knowledge of the author?Bob B

Greetings Bob!The easiest and safest way to think of copyright protection, is to quite literally break it down in "the protection of the right to copy". This copyright or "right to copy" is the legal PROPERTY of the copyright owner, in other words: the owner of the copyright owns the EXCLUSIVE right to "copy" his work. "Copying" should be seen in the sense of (multiplying for) distribution or publishing or such. There are a few exceptions like making a copy for ones own use, or quoting parts of a "work" for a review or such, but they don't apply to a case like this. Basically the "right to copy" is "protected" by the law on behalf of the copyright owner.There is no need (although it might help if it comes to a court case) for a writer (of books, or software, or articles or whatever) to actively CLAIM copyright: copyright is legally in existence from the very moment the "work" has been written or made. So: once a "work" is in existence, it immediately has a copyright owner, who owns the exclusive right to multiplying, publishing distributing, re-distributing and such of said "work". Infringement of this exclusive right is covered not only in United States legislation but also in international legislation like the Berne Convention: such an infringement is declared a felony in these legislations. Well now, these are the very basics as they have been taught to me during several decades in writing and publishing. Undoubtedly I have oversimplified here and there, but the gist is: if you neither are the copyright owner nor do have explicit permission of the copyright owner(s)...: don't "copy", i.e. publish or (re)distribute!Good lord, my typing fingers hurt! I'm gonna give them some rest, and have a cup of coffe!Be well!Jaap Verduijn.

Forgot to mention, Bob, that "if a web site offers the freeware without the knowledge of the author", it is a felony too, if such a website does not have permission from the copyright owner.And now I'm going for that cup of coffee (grin)!Jaap Verduijn.

Hi Bob,it makes no difference. The copyright holder does not only hold the rights to the original work he created, but he also has the right to determine the mode of distribution thereof.Unless the author specifically authorized it, you may not redistribute copyrighted work, for profit or otherwise.Cheers,Gosta.http://hifi.avsim.net/activesky/images/wxrebeta.jpg

thanks for your teaching...very interesting.One question to you both...is there not a burden for a prosecutor to demonstrate harm was done to the copyright owner by the allegedly criminal distribution, for the case to be considered by the court?Bob

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