October 30, 200322 yr http://cgi.ebay.com/ws/eBayISAPI.dll?ViewI...&category=41066http://cgi.ebay.com/ws/eBayISAPI.dll?ViewI...&category=41066The seller's ID is "anttler" if you freeware authors want to give e-bay a heads up.
October 30, 200322 yr It's already been discussed here:http://forums.avsim.net/dcboard.php?az=sho...ing_type=searchAnd here....http://forums.avsim.net/dcboard.php?az=sho..._id=14558&page=The work is Chuck Dome's, and Chuck does allow this. Doesn't improve my opinion of the fellow hawking it on E-bay. As I mentioned in one of the other threads, the #!##!~# doesn't even credit Chuck for his work, and Chuck and I have collaborated on one project. -John
October 31, 200322 yr >It's already been discussed here:>>http://forums.avsim.net/dcboard.php?az=sho...ing_type=search>>And here....>>http://forums.avsim.net/dcboard.php?az=sho..._id=14558&page=>>The work is Chuck Dome's, and Chuck does allow this. Doesn't>improve my opinion of the fellow hawking it on E-bay. As I>mentioned in one of the other threads, the #!##!~# doesn't>even credit Chuck for his work, and Chuck and I have>collaborated on one project. >>-JohnSorry to butt in but I do have a suggestion to you wonderful designers of this program and that someone now wants to make money off of your work.You have three choices of which to do. I do suggest the first one ASAP. Contact the seller and explain to the seller to cease and desist of selling freeware which is yours. In doing so, threaten the seller with copyright infringement because the seller did not have your permission to dispose such without prior agreement. You can sue in the millions regarding this. :-hangOh by the way, personally ask the seller to send you the profit money that was made, and personally contact e-bay to strike this person from ever selling items on their net. E-bay has to comply or you can sue them too. :-sword The others is you get to the site where you are giving this freeware to the public and put in a stern warning not to make such work shareware or payware without expressed implied permission from the creators of this work. Any violation of such and if such is found to be sold, a lawsuit will follow.Make sure that is in bold writing and plainly seen by anyone so that they cannot give you any excuses.Third option, take away the freeware and make it payware. If the abuse continues. You have the rights to the products, therefore you have the right to make changes accordingly.Hope this helps you.Daveyo:-wave
October 31, 200322 yr Good advice, but truth is, it takes money and time, time and money to go after the pirates--and if luck is against you, chances are they are offshore and thus "untouchable". I've made it clear in my own readme's what can happen, but it's pretty much an idle threat. I have a day job, and I know what an hour of my time is worth--it ain't worth going after ebay hawkers unless someone is making big time profit out of my work. Ever hear the phrase "can't get blood out of a turnip"? I'm afraid most of these pirates are on the turnip side of the food chain....there's no millions to be had in any court...But that doesn't mean we can't enjoy calling these pirates every name in the book in a public forum :)In the case of the link listed, Chuck doesn't care--he made his work public domain for a reason. Myself--I still like to warn users in my license.txt, on the one in a million chance someone with deep pockets makes the mistake of trying to pirate my work. Why are people with deep pockets so smart? :) And I have to admit to self flattery to think my work is even worth pirating....-John
October 31, 200322 yr well put, John...I always feel flattered when someone alerts me to unintended interest in my work.B
October 31, 200322 yr Hi Daveyo,Well I think John summed it up quite well. Your sentiments are in the right place, but in the end, it would be an exceptional case indeed for a person who distributed a free product to sue for damages. The plaintiff (developer) would need to demonstrate to a court that the actions of the vendor directly resulted in a loss of earnings, loss of profit, loss of business or damaged the plaintiff's financial situation in some way. It's pretty much a non-goer considering that freeware is distributed to users - in general - for no charge apart from (perhaps) an allowance for distribution costs.That said, it may be possible to seek punitive damages in the instance where distributing the software was against the terms and conditions of the freeware licence. Even in that case, it would be extremely difficult, time consuming and costly to pursue - so much so that no developer would likely pursue such matters - unless they had a bottomless pit of funds, no difficulty sleeping at night, heaps of spare time on their hands and nothing else to do.People should also realise that some freeware licences (such as the ones I use) state the software cannot be distributed at a profit. So that doesn't stop someone burning my software to a CD and selling it on eBay for $5 postage included, because $5 is a reasonable cost for doing all that. Nor would it stop it from being downloaded from a site that required downloaders to pay membership fees that covered the costs of running the internet site. Selling it for $20 is another story (but I'll use John's exit clause here... ;) )In the end, apart from the question as to whether the vendor has permission to distribute freeware in this manner, it also comes down to how the vendor choses to sell the product. If they are "legit" about it, they would always have to sell at a fixed price auction. That way, if they are honest, the fixed price reflects the cost of collating the software, packaging it, advertising it, selling it and despatching it to the buyer. If the vendor sells at an ordinary auction, then the buyers decide the price - not the seller. Therefore it is possible the final sale price will exceed the costs of providing the service. *Then* the vendor is profiteering.
October 31, 200322 yr Hi, I understand of what you are saying here. However there are laws that reverse the situation and it wouldn't hurt. Copying and burning it to a CD for own personal use is one thing, but copying and burning it to a CD and then selling it to the outside is another thing and that part is illegal per se by law without expresss written consent from the developer. Freeware is freeware which means anyone can get it at anytime. Therefore no need to sell.Understand my point. No need to sell if it is freeware. So even if this person did sell such merchandise for their own income, this person did it illegally to begin with when one item is freeware.For example say I went out and purchased an item, and paid for it. Later on I find out it is a freeware and available to anyone who desires it. I can go to the person and complain and demand my money back or sue.However you can do some things to make this person's life in the future miserable. Report him to the IRS and point them to the site and have them declare that those items are his income sources etc. If this person does not report it as income to the IRS at tax time, bingo. IRS audit starts and a host of problems begins. IRS alone can give one a major headache. And the best part is, it does not cost you much except a PHONE CALL. :-violinNow I need to find out myself somehow as to why the 747, 777, and 737 default aircraft leans so bad when you turn left or right on the flight sim game. Something is wrong with the aircraft cfg file involving the contact points or is it the weight configurations etc. I have no clue.daveyo :-waveWhy cannot my emoticons appear here. I have to type this stuff because it is not transferring here when I click on them? Ahhhhhh, now I see it. Hmmmmmmm
November 1, 200322 yr Hi Daveyo,Well I did try to explain the reality of things to you, but you seem to be quite steadfast in your own mistaken opinions and beliefs, so I'll exit this thread here.
November 1, 200322 yr No problem I understand. Just thought I'd mention the last of it just in case before I forget. All up to you. I just hope things work out somehow in your favor. Just trying to be helpful. For the record, keep up the good work.Take care Daveyo:-wave
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