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To SpiritFlyer and other Mind Police

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Stephen: I was absolutely astonished that you could bring my name into a comment from you.

 

I absolutely deny the claim that i have breached a EULA - and I am tired of the mindless debates that have gone around this issue.

 

There is one particular developer which has taken a high handed approach to this matter, and have claimed a role as conscience in deciding who can or cannot use their products.

 

I would be grateful to learn if you have any association with the developers of UTX and/or GEX. If so you can hardly claim to be disinterested or impartial in this matter.

 

It seems utterly stupid that people who have happily shared forums down through many years are now divided on this topic. It is also sad.

 

Forgive my wobbly syntax in the third para.

KInd regards,

 

Ian McPhail

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  • Author

Could I also suggest to Mr Allensworth, that now there has been a number of shutdowns by moderators of this thread that you remove the entire category from your forum. After all any discussion except by a narrow group of full-time aviators would be caught up in this definition of a breach.

 

I am saddened, feel excluded and offended to be seen as putatively outside of the law.

KInd regards,

 

Ian McPhail

the funny thing about this company is that they have already released a statement on the 08.01.13 on flightsim P3d forum saying that their product would be made P3d compatible and sold through there pro division ,as I said earlier that is what they create a fuss about = money ,the statement cannot be found on Avsim

My understanding is that the EULA for GEX allows use only on FSX. If so, using it on Prepar3D would be a breach of the EULA.

 

A developer has the right to put whatever terms it wishes into its licence. We have the choice not to buy a licence if we don't like its terms. We don't have the right to ignore them.

Gerry Howard

I would be grateful to learn if you have any association with the developers of UTX and/or GEX. If so you can hardly claim to be disinterested or impartial in this matter.

 

I have absolutely no involvement, connection to, or special relationship with UTX, GTX or any other developer or addon sale or distribution organization. I am, and as far as I know Avsim is completely disinterested and impartial in this or any other matter so related. Sir, such a charge and the hypocritical rage behind it is below the dignity of your stature.

 

Any company has the right to restrict its use to that authorized in its EULA, and an end user does not have the right to knowingly break his word in any part of the EULA. If you agreed to it when you bought it, you legally still must agree to it when you use it. Ian, that makes you the party that is partial and partisan in an effort to protect your broken word, so dump the rocks from your pocket lest you knock your windows out.

 

AVSIM gladly promotes legal use of all legitimate addon software in any platform in which it works, providing that it is being used in accordance to what the developer states is authorized and which the buyer formally agreed to in the EULA.

 

We are fans of Prepar3D, and are proud to see it grow and prosper, so we have every intent to keep this forum open. This forum provides a diverse online home for Prepar3D users, independent of commercial organizations that may have a vested self interest in its vigorous promotion. We hold our own values based on what we believe is on the right side of contract law.

 

Any user that is in keeping with the AVSIM ToS and uses decent respectful decorum in debate, and abides our prohibition not to promote breaches of EULA according to their developers statements is welcome here.

 

Kind regards,

  • Author

More than a little pompous and self-righteous Stephen to put it mildly.

 

To say I have all my add-ons running in P3D is not for you to claim that I have breached one, some or any EULAs.

 

It is for me to argue the validity of my use, not for you to judge me.

 

Probably the harshest part of your intervention is to claim a lack of decorum on my part. I protest that more than I worry about my interpretation and use of the P3D EULA and those of other add-ons.

 

Stephen, Judge not, or you shall be judged - to paraphrase the ultimate EULA.

KInd regards,

 

Ian McPhail

Ian, I thought more highly of you than this... Count to ten and give the issue a rest. It is a futile battle.

Simmerhead - Making the virtual skies unsafe since 1987! 

I don't think you should close anything ,this what flight1 want ,the Eula is a diversion ,read the comments they usually start asking if you should use something that you have not paid for,then when the conversation does not go there way they demand! that the thread is closed down, they are going to look silly when nobody buys there products now being made P3d Compatible.i mean you would be bonkers purchasing UTX GEX the Mustang or any of their product simply because the way this company has acted ,Also why did they release their statement about GEX to flightsim Only (nothing wrong with Flightsim by the way ),it seems to me they are bulling people again ,and yes i received a warning about I thread i took part in, about hacking I have never hacked anything in my life !,But I really don't like bullies ,what you do with P3d forum is your business ,But years ago my farther a pilot and millions of other poor souls died standing up to bullies ,so you all can have the freedom to run this forums,please do not forget this

Ian,

 

I have only just seen this thread, so I am diving in "blind", but.....am I correct in thinking that you are using a product in P3D that has only been specifically licensed for use in FSX? If that is the case, then technically you have breached the terms of the EULA. That is the only line that AVSIM can follow, for obvious reasons.

 

Having said that, it would be rather naive to think that people will not attempt to run these "FSX only" products in P3D.

Christopher Low

AMD Ryzen 7 9800X3D CPU / 64GB DDR5-6000 RAM / 12GB Nvidia RTX 4070 Super GPU / Gigabyte X870E Aorus Elite Wifi 7 / 1+2TB Samsung Evo Plus M2 Nvme

UK2000 Beta Tester

the funny thing about this company is that they have already released a statement on the 08.01.13 on flightsim P3d forum saying that their product would be made P3d compatible and sold through there pro division ,as I said earlier that is what they create a fuss about = money ,the statement cannot be found on Avsim

 

In the interests of accuracy, GEX didn't post anyrhing on FlightSim. Another poster reproduced (with permission) what GEX said on its own support site

Gerry Howard

From a purely TECHNICAL point of view, if a developer of FSX addon Aircraft (does not apply technically to scenery), does not want their product to be used with P3D, then it is TECHNICALLY quite simple enough to code that product to only run with P3D.

 

( Not talking about only Install to FSX, but rather actively NOT RUN in a P3D environment).

 

One does not have to rely on what is in effect an almost UNENFORCEABLE EULA, to prevent a FSX product from running on P3D.

 

It really is as simple as that ... and I am sure that most developers who can develop an aircraft addon that is as sophisticated as say, the PMDG 737NGX, could, if they wished, "Programatically" actively prevent it from running in the P3D environment, and do so in such a convoluted and encrypted manner, that even the most determined hacker would stand little chance of overriding it.

 

The real question to ask is "Why don't they do it already" ??

 

Publicity ?? (No such thing as BAD publicity !! )

 

Certainly, with all the talk and debate going on, one thing that becomes obvious and now well known, is that MOST FSX addons "can" be used with P3D, even if the EULA states that the "May" not.

 

 

BTW: The Reverse is also true. Any P3D addon aircraft developer should programatically be able to prevent their "Expensive - P3D Commercial" product, from running in the "Entertainment FSX" market.

 

All these EULA post convince me of, is that there are a lot of frustrated, want-to-be amateur lawyer out there.

One does not have to rely on what is in effect an almost UNENFORCEABLE EULA, to prevent a FSX product from running on P3D

 

I see... so almost unenforceable... so go do it...

 

Maybe someone wants to hack your server in a certain way for their own means and ends. I am sure since any recourse is essentially impossible, you won't have a problem with it.

I see... so almost unenforceable... so go do it...

 

Maybe someone wants to hack your server in a certain way for their own means and ends. I am sure since any recourse is essentially impossible, you won't have a problem with it.

 

I don't see, and I really don't understand one word of what you are trying to say. !

 

What does "HACKING someone Else's server" have to do with "running Unlicensed programs on one's own computer".

 

Are you Ozzie Osbourne ? :shok:

What does "HACKING someone Else's server" have to do with "running Unlicensed programs on one's own computer".

 

My suggestion would be to spend a few minutes thinking about it... and hopefully you might gain some clarity into what I am trying to say. Honestly, it is not that difficult a concept to grasp.

 

Just a simple "is that how you want to be treated" kind of thing.

 

 

My suggestion would be to spend a few minutes thinking about it... and hopefully you might gain some clarity into what I am trying to say. Honestly, it is not that difficult a concept to grasp.

 

Just a simple "is that how you want to be treated" kind of thing.

 

+1

 

Seems pretty simple to me. These companies offer a product for FSX and P3D, each with it's own end use license.(?)

 

Now, if you "quietly" want to use their product elsewhere, who's to know (honestly) that's up to you, but don't come here and spout off about how to do it, or how well it works, your just asking for "trouble", common sense people, thats all.

 

Good for you Stephen.

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