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mgh

I do hope this is some sort of sick joke

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"Didnt he just sue one of those who had expressed some certain wishes?"I wish I could have seen the link... Consider a case study of someone seeking attention. People who brag about "power" or being in control, such as mentioning their real or fictitious efforts to sue, need to feel empowered as much as we need our fix of flying.But what if no one reacts, other than with mockery, can you imagine how frustrating that must be?Anyway, back to flying..... -John

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Guest _patrol_

>This is all I can see too. From my dictionary...>"defame v - to damage the good name of (a person or group)"Well I guess there's nothing to worry about then. Ferdsy and FSPlanet don't have a "good name" to damage, so they can't be defamed.DavidDisclaimer: The above is only Alledgedly; I wouldn't want the thieving scoundrel to sue me.

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Guest Slacktide

Score another point for the Firefox browser. Tools->Options->Webfeatures->Advanced and uncheck "allow website to diable context menu"Dan

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Guest _patrol_

"The page is gone but if you still want a good laugh go to his privacy section http://www.fsplanet.com/privacy.htmQuote: "We'll not tollerate any longer defamantion of fsplanet or harassament of our site by any author any longer - we are particolarly targetting those authors wich uses txt or in the habit to post defaming messaging against fsplanet into theirs txt or setup's included in freeware files"" I wish he'd keep his private parts to himself LOL.David

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This is a world we live and share together. With some of the freeware things I have done for the FS world, I would be very angry if this were to ever happen to me.

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>OK, so if it's Spanish law, and I'm not in Spain, there's really nothing anyone can do to me!!!!http://www.hifisim.com/images/as2betateam.jpg

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"It's really great. It's labeled as a 737, but when it unzips it puts up a big banner that says, "Ferdy Sucks!!!! FSPLANET BLOWS!!!"Greastest thing I've heard all day! :-lol

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Guest danowat

Hi,http://www.fsplanet.com/trib.htmI really hope this is a load of rubbish, if not, does this mean FSPlanet could steal my files and put them on his site, and theres not a damn thing I can do about it?Hmmmm.....................Dan.

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Guest wathomas777

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".If these companies see a revune loss that actually stems from the ad space they PURCHASE!!, then they may no longer purchase the ad space on his site.Without revenue, he will be forced to pay for all the bandwidth himself, and then we will see how "free" he is.Legal action on both sides is a big bluff. Make sure all those who advertise on his site are about to lose a ton of cash, and see where that takes you.(Last time I checked, boycotting the advertisers that support his site, is completely legal.....)Just my .02

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Guest SoarPics

I did pretty much the same thing a year ago with a seller that e-mailed me a sales pitch. I replied to his personal e-mail stating that I was indeed interested in his product, but that I wouldn't buy from his company because they chose to advertise with Ferdy. In time the seller stopped advertising with Ferdy. Don't know that my e-mail prompted the seller to sever ties with Fergy... one can only conjecture.Because such advertising involves contracts (sometimes extended) the sim community shouldn't expect to see advertiser's logos disappear from Ferdy's site immediately. But Will's solution (and point about legal action being nothing more than blush and bluster) is the most viable. Also, we should do all we can to keep newb simmers from visiting Ferdy's thiefdom.Greg

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I'm not sure what timezone the timestamp of the messages uses but given it's somewhere in the US and probably on the east coast and Ferdy's servers are in Europe that number would at the latest be from roughly 2:30AM local.As many webservers are using GMT, that would make it 1:30AM local.

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Guest Jon ARNZ

Greetings One and all,On Tuesday evening I received an e-mail from our friend at the website currently being discussed, here is the full text of the e-mail:To who it concern; Fsplanet is taking preliminary legal action against Jon Murchison for defaming our free and fully legal activities at our site. Please provide me your postage address where my solicitor and legal represantants can contact you and we'll take this matter further - in court of justice. Thank you! Xavier VergaraStaff@fsplanet.com http://www.fsplanet.com/Valencia-SPAINI was quite appreciative at the dramatic flare in the final portion of the second paragraph, however I would encourage the sender to consider consulting an english dictionary in the future.Now, as a developer who has had concerns regarding the way my files have been 'used' by our friends site in the past, and also had requests for them to be removed ignored, I have in more recent times chosen to exert my rights as the author and original owner of the files (please note those last 10 words), to determine how my files will be distributed, and where the files may reside. To this end our esteemed friend in Spain, his website and any and all individuals or groups affiliated or associated with him have been permanently banned from hosting my files. I have made sure this ban has been clearly stated in both the documentation included in the file, and also in the installers when they have been used. This ban will never change.So, I guess it was only a matter of time before our friend in the wonderfull country of spain dropped me a line. My responce to the e-mail has been not to respond, however the e-mail address he sent the e-mail to has now been closed due to the amount of spam and virus's received through it, the irony of which, in light of the e-mail concerned, is not lost on me.Reading this forum has empowered me to ponder, yes folks, ponder. I decided to take my own advice about the english dictionary, and looked up 'Defame'. Dictionary.com gives this definition:"To damage the reputation, character, or good name of by slander or libel"And so I pondered a little more, and now pose a question to you good folk. Does not accusing someone of defamation, damage the reputation of the person being accused? Hmm, ponder, ponder, ponder.Let us also consider the global legal ramifications of a court decision saying owners of files cannot limit distribution. This form of legal precedence would open the flood gates for the illegal trade of any and all files, FREEWARE or payware. We only need to look at the recent frackus over MP3 files and how the music industry viewed the distribution of these. In this case we are talking FREEWARE files, however the same copyright laws apply, and the same rights to determine distribution would also. I personally find it hard to beleive our friend has won any court case, the international uproar over individuals being able to bypass the rights and wishes of owners off the work would have been heard by now. No court, or judge, would be stupid enough to grant such a right.I will be seeking a formal and written legal opinion regarding my rights as an author and owner of files, my ability to determine how they are distributed, and where I am placed regarding the accusations made by our friend, as I consider this action on his part to have the potential to damage my reputation. To date it is my understanding that legally I am well within my rights to place limitations on distribution, and this includes electronic distribution from individual sources ie individual websites. I will pass this opinion on through this forum once I receive it. To finish I would like to quote the words of a wonderfully insightfull person when they said..'Dont throw stones in glasshouses'Thankyou for your time.Jon MurchisonAircraft Repaints New Zealandwww.flightsim.co.nz

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Guest SoarPics

Hi Jon,Thanks for sharing this info with the community. With a guy like Ferdy, the more he speaks the deeper he digs his own hole.I hope you don't take his threat seriously. For him to mount an international legal action would be far more costly than worthwhile to him. He could not afford it (few people can... this sort of legal venue is the domain of large companies, the very rich, and indeed sovereign nations).For Ferdy to make a claim against you on the grounds he cited he would have to visit the courts of your country. It's quite easy to prove he's a thief, and then the issue of his own moral terpitude comes into question. And that would stop him dead in his tracks, and more than likely leave him to be the guy who does all the explaining.Quite simply... he hasn't a legal leg to stand on. He's just not smart enough to understand this fact.Regards,Greg

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Guest Jon ARNZ

Hi Greg,Initially I was a little taken aback by the e-mail, however the more I have looked into it the crazier the whole thing is. I feel that developers are on very solid ground when it comes to placing limitations on distribution of files. Clearly our friend has issues with that because it makes him look bad, especially when one of the files banning him was an award winner with large downloads. Thats alot of eyes seeing the ban, so I guess he feels he has to do something to try and recover some ground.Jon MurchisonAircraft Repaints New Zealandwww.flightsim.co.nz

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