Defamation is pretty much limited to spreading "untrue" or "unfounded" negative information about someone that caused them grievance. At least in the U.S., it is very, very difficult to prove. Remember, the burden would be on him to prove beyond a reasonable doubt, that you made him look bad when he didn't deserve it. And this is almost never the case with companies. One bad complaint will cover virtually any future problem. You can say whatever you want in your text file. If he does sue, you counter-sue for legal fees because it is a frivilous lawsuit.

If you really want to get him where it hurts, go to the web, and contact every single advertiser that advertises on his website.Explain to them, that you feel this individual illegally downloads and redistributes freeware by other software authors, and that you support those authors wishes.Then tell the advertisers, that you will not purchase any products from them or anyone that sells on his site. Also explain that you will actively tell others not to purchase from "said advertisers".That's a good point! Also if an advertiser is advised of substantiated illegal activities, and still does business with that entity, they could also be named in any lawsuit that may be brought against the offending party by a copyright holder. I don't think many legitimate businesses would take that risk!

http://forums.avsim.net/user_files/84075.jpg:-lol

Honestly... does anyone here beileve that he would ever be successful in persuing legal action for such a thing?

Pray for mercy from Puss.......in boots!;)

Hey there Jon...First, thanks for your help on the Eclipse project--I meant to send you an email, but got sidetracked on my Autoland beta.Second, what it comes down to is this:Your reputation is as important as anyone else's--especially since you've poured the sweat and labor into your projects. You DO have a right to choose where your work resides or to label it public domain instead. If your reputation is tarnished by a site that disrespects human decency, whether it be through pornography, racial slurs, or disrespect for the software industry (which freeware is part of), then you have a right to say "not on this site". I'm not here saying that the site in question falls into that category, but I am here saying that you as the author have the right to deny access to your work without any reason at all--you own the copyright. You do have to tread carefully--simply say "Not on this site" vs. "Not on this site because....". I usually approach it from the other direction and limit my license to being hosted on specific sites.And if your work appears on a site in spite of your restrictions, I imagine on the scale of injustice and damage, most of it would favor you. I would love to see someone injured thus send a letter from THEIR lawyers to the offending site. Chances are if someone uses the word "solicitor" or "lawyer" it invokes as much fear in them as they'd hope it would invoke in the people they are attacking. I'd love to see the shoe on the other foot in this case.But that's not a legal view--I'm not a lawyer. But I have a hunch since many sites, including some in Spain, have written me for permission to upload my work, that they respect a law that perhaps is ignored by others.Also, as a blurb for lawyers in general, sometimes I think issues like this use the word "lawyer" or "solicitor" as a dirty word. Twice in my life, I've had need of lawyers. In both instances, they helped me without taking a dime of my money or anyone else's. But they did take time to either consult with me and in one instance, write a letter and place a call on my behalf. Both instances changed my life for the better, and it's a profession I hold a lot of respect for. It's too bad some exist in this world solely to use the word "lawyer" or "solicitor" as a scare tactic.Regards,John

I just checked FSPlanet.It is copyrighted from 1997 to 2008 - yes EIGHT! They must have great lawyers.

Ol' Ferdy seems to be getting a lot of attention here and at other FlightSim sites today. All of my readme files list Sim Outhouse as the proper home for my work and I also request that they not be uploaded elsewhere. There are a few here as well from the time before I started having problems with Ferdy and I have no problem with those and wish there could have been more but when my work started showing up at that site, I went to a one-site only policy. I've several projects that have been held back because I'd rather not see something that I've done as freeware not end up going out to line someone else's pocket. One of the problems that have resulted from actions like this is that authors/designers like myself confine our work to one website to try and keep a semblance of control of where those files are going. And it helps us in case we need to provide an update for those times when we have an update to the file to improve it and to keep others from charging fees for our work. But, this hasn't worked for beans so far, at least not in my case because of nitwits who can either not read or refuse to read the readme.txt files and upload the files to their websites regardless of my wishes. In my last dealing with Ferdy, I asked for my cut of what he was making off of my files. US Dollars or Euros either one would be fine. I'm not that fussy. Reminds me, it's that time again to remind him of where to send the check that I'm still waiting on.BTW, if I'm the one he's sueing, he's forgotten to inform me of it.Willy McCoy

Willy, regarding your one site philosophy... I certainly understand. However, I hope you will reconsider that when our library mirror system comes online.Via the mirror, any site can link to your file. That would allow webmasters to create sites focused on one theme or more of flight simming (imagine a site that is all pre-WWII birds, or all South Pacific Scenery or just a pure fan site dedicated to your files as a few examples).Since the mirrored files can only be uploaded to AVSIM, you control what is mirrored. Need to pull a file? No problem; contact the library managers, and it is done. Need to update and provide a mod? No problem.The benefit of course is that you have the widest possible distribution of your file, yet you still control its fate. And, the additional benefit is that users can find the file at dozens if not hundreds of sites, and not have to put up with paying for speedier access or total pay for access, and it will hopefully but noobs like Ferday out of the file poaching business.When the mirror comes online, we hope you will reconsider.

Its interesting to watch the conversation unfold on this thread, the bashing of our spanish friend continues, and quite deserved it probably is, however for myself as a developer and someone who has been on the end of a defimation e-mail, the issues are slightly broader.Some of you may be aware that recently I made the choice to pull back from developing any further models, this decision was mostly due to work committments, however the issues I had been having with not only our spanish friend and his website, but a fairly prominent VA charging access to my files and including them on CD's, of which both are violations of the EULA unless written permission was sought, brought things to a head for me. This was particularly annoying for me, as I have worked with VA's over the years, even providing models adapted specifically to the VA's needs so they can maximise the fun and realism.Quite frankly I no longer feel inclined to have to spend many hours, sometimes days, and in the case of our Spanish friend years, trying to get my work taken off website that choose to abuse my time and effort as a developer, and ignore my wishes and rights. The reality is I am more than happy for any website to host my work, include it on a CD etc, its great and flattering to think people enjoy it, but have the decency to ask first. Dont assume that because its freeware you can do what you like.The majority of people are fantastic, appreciative, supportive and respectfull, however their is an undercurrent in the community that feels 'its freeware, I'll do what I like'. I've seen this in other forums when issues of copyright and owner rights have been discussed in the past. Ultimately for me this isnt about 'the law', its about basic human respect and decency. FS, like everything else, brings out the best and the worst in people. As a developer who does this because he loves avaition and thinks flying planes on the computer is way-cool, I find myself sitting here thinking as I type why am I bothering to develop any more. It sickens me to my stomach that I would even get an e-mail from someone in the community threatening me with legal action, serious or not, just becasue I choose to say no to being used and abused by them. The ban on hosting is called consequences, if you dont like it, change your behaviour.

>Within Europe, the courts may impose severe penalties against>anyone being rude to the Germans or the French or to any>nation aiding them for the time being in their European or>world diplomacy. This did not include the Spanish until>recently, but it does presently.I hope President Bush has a good lawyer!

>Remember, the burden would be on him to prove beyond a reasonable doubt, that you made him look bad when he didn't deserve it.http://www.hifisim.com/images/as2betateam.jpg

Tom, the mirror sounds like a good idea but I have a question. How will you stop Ferdy ditching his entire database and simply turning FSPlanet into an Avsim "copy?" If that makes sense!

I am fully against FSPlanet...the point is...why would people pay for a good freeware files which they can find it if they want to search, all Ferdy did is see at a screenshot of the file, if it's good he put it on, but he rarely check if it's good when he himself try it out.I simply don't understand the motivation of his site, I believe people can choose to download the freeware which are best in his/her opinion. FSPlanet is recommending a good freeware in their opinion for a price, surely....you can ask Avsim forum or any other FS forum a good freeware file to download, the recommendations are free. So here's one of the differences people should understand.I even saw a Virtual Airline liveries on FSPlanet site.I find it funny when I saw the page...and now it's removed, perhaps Ferdy is stealing the images from one site ? and the site sued Ferdy for ripping the image off ? lol.

>>the point is...why would people pay for a good freeware filesBecause people are not aware that it's free at another place (avsim, for instance.) It is perfectly reasonable for ordinary folk to chance upon fsplanet, feel that there's a lot of good content there, and pay for the extra service to get the files they want.Now, the fact that it is free at another place is not a right, it's very much a privilege. (Economic realities of the Internet.) Even though the freeware files themselves are free, it doesn't necessarily imply that the costs involved to maintain this database is free, hence the ads we see here and elsewhere. Nothing wrong with that. Personally, I'm not against webmasters recouping their costs, earning a revenue even, IF they're upfront about their operations with their freeware contributors, and IF they respect their authors' wishes.What is wrong however, and what people might not be aware of is the fact that some authors don't want their files to be put there, and yet the webmaster doesn't give a damn. And there's plenty of motivation for the webmaster to behave in this manner, easy money from ads, for eg.