LM didn't "buy" the source code - they licensed the ESP code from MS with certain restrictions. One of those was to NOT develop a retail product. The bottom line is still that the base code in ESP or FSX is flawed for current hardware. They would have to do a complete rewrite of the base engine in order to come up with any REALLY significant improvement. All that Prepare3D will be is FSX on steroids. Better? Yes, probably. But $120/year better? Not by a long shot. It will still be a tweaked version of FSX. Flight - if it continues, and I have no reason to doubt that it will - is supposed to be a brand new engine - that's where the improvement will come from. Vic

Just remember that you have to check each FSX addons EULA to see if you are permitted to use it in Prepar3d. Some like Flight1 and Orbx do not permit you to use their FSX products in Prepar3d. From the Orbx EULA:This SOFTWARE PRODUCT is for personal entertainment purposes only

And how would using it for my personal enjoyment in Prepare3D violate that EULA? As long as I don't create a product and sell it with Orbx included, there is no problem. Vic

And how would using it for my personal enjoyment in Prepare3D violate that EULA? As long as I don't create a product and sell it with Orbx included, there is no problem. Vic

You would then be breaking the Prepare3D EULA which forbids using it for personal entertainment!

You would then be breaking the Prepare3D EULA which forbids using it for personal entertainment!

HelloThe EULA forbids you from enjoying the product ?, How will they monitor that.

HelloThe EULA forbids you from enjoying the product ?, How will they monitor that.

The EULA forbids you from using Prepar3d as a personal/consumer entertainment product.

LM didn't "buy" the source code - they licensed the ESP code from MS with certain restrictions. One of those was to NOT develop a retail product. The bottom line is still that the base code in ESP or FSX is flawed for current hardware. They would have to do a complete rewrite of the base engine in order to come up with any REALLY significant improvement. All that Prepare3D will be is FSX on steroids. Better? Yes, probably. But $120/year better? Not by a long shot. It will still be a tweaked version of FSX.

They purchased the rights to the source code of ESP. Not licensed one bit. There is a non-compete requirement in the sales of the code to LM... but in short, Microsoft holds no legal interest in Prepar3d. As for the rest of your statement... no, it's not FSX on steroids.

Flight - if it continues, and I have no reason to doubt that it will - is supposed to be a brand new engine - that's where the improvement will come from. Vic

Don't hold your breath... 'Flight' is not what you think it is.

And how would using it for my personal enjoyment in Prepare3D violate that EULA? As long as I don't create a product and sell it with Orbx included, there is no problem. Vic

If the product is licensed for use in a specific simulator (such as FSX) then the EULA restricts it's use to FSX and FSX alone. Thus you must read the product's EULA to ensure it's legal to use in Prepar3d.

The EULA forbids you from using Prepar3d as a personal/consumer entertainment product.

HelloDefine entertainment, yours and mine might just be different.Anyway I will go with what the lead developers says, Lockheed seem quite OK about it.They also appear pleased at the opening of the Avsim P3D forums, I have no doubt they ran it all past their legal guys.

My definition (or anyone else's for that matter) is irrelevant, it is the courts of law definition that counts!

They purchased the rights to the source code of ESP. Not licensed one bit. There is a non-compete requirement in the sales of the code to LM... but in short, Microsoft holds no legal interest in Prepar3d. As for the rest of your statement... no, it's not FSX on steroids. Don't hold your breath... 'Flight' is not what you think it is.

I stand corrected. Personally I am not looking forward to Flight at all.

If the product is licensed for use in a specific simulator (such as FSX) then the EULA restricts it's use to FSX and FSX alone. Thus you must read the product's EULA to ensure it's legal to use in Prepar3d.

Agreed, but I was responding to the "entertainment use" only. If there were an "FSX only" restriction, you are correct but "personal entertainment only" would not restrict it's use with P3D. Bottom line, as you say - read the specific EULA.

I stand corrected. Personally I am not looking forward to Flight at all. Agreed, but I was responding to the "entertainment use" only. If there were an "FSX only" restriction, you are correct but "personal entertainment only" would not restrict it's use with P3D. Bottom line, as you say - read the specific EULA.

"Personal entertainment only" would definitely restrict it's use with Prepar3d (whose EULA forbids it).

I disagree. The EULA does not forbid "using" your copy for personal entertainment - it restricts you from selling a personal entertainment product. It also restricts LM from creating a personal entertainment product. So if you, as a developer, obtain your copy of P3D - you can do with it what you wish in your own environment - you just can't sell, market or give it away to anyone else. Vic

My definition (or anyone else's for that matter) is irrelevant, it is the courts of law definition that counts!

HelloBut who's going to take me to court, Lockheed are happy to let me sign up and I guess they know the legal side better than anyone herePop over to http://www.prepar3d.com/partners-overview/developer-network-program/Now tell me what I am doing wrong subscribing to P3D.There is a thread going on in the Avsim Prepar3D forum which could use another legal eagle, pop down there they do with your input.

From the Lockheed Martin Prepar3d site (highlighting only is by me): As provided in our End User License Agreement, the Prepar3D application is not to be used, offered, sold or distributed through markets or channels for use as a personal/consumer entertainment product. Seems pretty clear cut to me that Prepar3D is not being offered as an entertainment product.

From the Lockheed Martin Prepar3d site (highlighting only is by me): As provided in our End User License Agreement, the Prepar3D application is not to be used, offered, sold or distributed through markets or channels for use as a personal/consumer entertainment product. Seems pretty clear cut to me that Prepar3D is not being offered as an entertainment product.

HelloAlso taken directly from Lockheed : Anyone can join the Prepar3D® Developer Network Program. No matter if you are a seasoned developer, or just starting out, we want to encourage you to develop for Prepar3D. I am happy with that, Lockheed are happy and after I finish a session "developing" for P3D I might have a little fly around to just to chill out.Does that pass the EULA test ?

It most certainly passes the Prepar3D EULA. Just don't break the Orbx FTX (and others) EULA by using their "Personal entertainment only" products in the Prepar3D environment and all is golden!

It most certainly passes the Prepar3D EULA. Just don't break the Orbx FTX (and others) EULA by using their "Personal entertainment only" products in the Prepar3D environment and all is golden!

HelloIs it OK if I use the Orbx demo scenery that they have just released, I would guess so.If we stuck so closely to the EULA's some of the best Payware for FS9 and FSX would never have been released.Do you use any of those products?