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bob.bernstein

First Draft of EULA - MOD 1

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nice work Thomas. one question, how does this protect the copyright in countries outside the US, where the laws and legal rights are not the same? I have dropped the EULA completely from my recent uploads because I feel like it is just a waste of time. It has had NO effect in the past, why would this be any different.excuse my ignorance on the subject. I think this is an important issue, and may even revive a waning freeware movement. I cant tell you how tired i am of getting email chewing my butt off for one problem or another, only to find out it was D/L'd somewhere else and not even the original package. can my work REALLY be protected outside (or even inside) the US?thanksjoe binka

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"can my work REALLY be protected outside (or even inside) theUS?"Actually, Joe, it can!For the past 2 years I and some associates have been researching and refining a legal process that would allow you to claim and then capitalize said claim against any party that injures you. I'll not explain the process here (no reason to reveal the strategy to the pirates), but if you'd like more info feel free to PM me.Greg

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I understand your frustration. What this EULA does is to set a value for your work, specifically stating that it is not Freeware and only the sites you designate have a specific license to distribute it. By placing a monetary value on your work, you have established a method to actually measure your financial losses were someone to distribute it in any fashion without your permission. Hard numbers that can be used to assess "damages" against unauthorized sites or individuals. Whether you are inclined to collect those damages is a question that remains for you to decide, but what it will do is give a site or individual pause before busting your copyright or EULA terms.Edit: It also finally does away with the question of interpretations of "freeware" and the rights of authors. Using this EULA, there is absolutely no doubt that this is NOT freeware. Thus, varying subjective interpretations of what a site or individual can do with that file are now made moot. It is not freeware. It has a value, and you control the license(s) for distribution. Any site owner or individual would be exceedingly stupid to bust the EULA in the face of having to pay potential damages for having done so.

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I'm thinking of repaints in particular...How does this interact with licensing, i.e. the right of a trademark holder to profit from their stuff?Previously, there has been no need for people who own trademarks, particular designs, etc. to come after people who repaint. I believe this was done with the understanding that because there was no money made by the repainter, there was no value to dragging them into court to get anything.By putting a value on one's efforts, you have now given corporate people a way of quantifying their potential "losses", and it might give them ideas...Derek

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TomWhat happens when someone uploads files to AVSIM that are already on AVSIM to begin with.I develope the Active ILS series of airports found in the FS2004/Misc section. This is the only site I upload to.No one to my knowledge has been able to write approach/ILS XML data for airports with new runways that also have a new ILS and be able to get ATC to use that runway when visibility falls below 3 miles except me.However my EHAM_ILS_jv.zip is being taking a part and put into other uploads without any consent or acknowledgements. The latest is the EAHM_AFCADv4.00.zip that has showed up on AVSIM. This guy did not even change my original date and time for 2 of my files that he took out of my eham_ils_jv.zip and put in his upload. He just changed the name of the Flatten file and the ILS file.If I put a $10.00 fee on my hard work and he now has 942 downloads since Nov. 25 would AVSIM be liable for the $9,420 in the future? Who can I contact to see if his files can be removed?ThanksJim VileActive ILS Series of Airports

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Jim, we have a very simple policy. If there is a file on the AVSIM library, and you contest it for any reason, then we'll remove it until such time as you and the author of the other file come to terms. All you have to do is send an email to library@avsim.com explainging your case and the file that is offending your work.

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Hi,With regards to coding in XML - you need a patent on that!! Copyright only prevents someone from literally copying your work. I write XML, and I too can write complete airports in XML, including the ILSs, but if I was to then upload this original works to AVSIM, you couldn't do anything about it. If however, I took your work, copied it, and re-packaged it doing near enough EXACTLY what yours does (down to the name of the product), then you would have a good case. Copyright does not protect the idea (writing ILSs in XML), just the works. You need a patent if you want to protect the idea (ILSs in XML), but that can't be done as the info was created by someone else and publicly available before you applied for a patent, so you couldn't do it.The other problem is that the structure of XML is such that it is difficult to write outside the bounds of XML whilst not duplicating something somewhere. It's tricky to explain in a forum!!If someone has ripped off your work though, good luck sorting it out!! :)Best regards,Vulcan.

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Hi Tom and a happy new year to you and your crew Looks good but for one point IMHO. I mean the 'use upon a single system' detail. I have 3 computers running FS and sometimes the same add-on programs (although I can only use one at a time). Case this becomes standard, the paragraph below would currently make me a EULA-violater of such 'freeware' files. Obviously something, I wouldn't want to be. Therefore, perhaps a mention 'per household' or alike would be more adequate? Just an idea... >>OWNERSHIP AND RIGHTS:Ownership of this software resides with ________. Violationof any term of this EULA requires that you remove thissoftware from your system. You are granted a single,non-exclusive, license for use of this software on yoursystem. Your rights under this EULA are strictly limited touse upon a single system. You are bound by the restrictionsregarding distribution of this software, and violation ofthat stricture requires removal of this software from yoursystem.<< Thanks for your efforts, good luck and kind regards Jaap

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Interesting idea Tom. I see a lot of work in that. :-)It raises some questions for me as well. Any clarification appreciated.1. If it is not freeware, what is it? Legalware? :-)Freeware has a value, otherwise, why is there copyright law? Calling it NOT Freeware makes it no less hard to defend or any less freeware. Legally, has anything really changed in the eyes of the law?2. This appears similar to the "free for home use", but not business, education, or government (which is payware). It this the premise upon which this agreement is based?3. Listing the distribution sites grants named sites to a "license to distribute"? What other rights or limitations are assumed with that responsibility? Are these articulated anywhere?4. Finally, if your customers then understand that my uploads are NOT Freeware, will the email kudos I get be substituted with complaints, ridicule, and demands for changes, fixes, and upgrades, for free. :-)Thanks for listening. :-)

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Tom,Thanks for putting in the effort to develop this. I like it although I have a couple of comments,1) This EULA may cause users (especially the younger ones) to worry about the implications of using the file and cause them not to download the file, a similar situation to free music downloads from the internet2) The second question is around the use of freeware tools for creating what now becomes payware. Will this infringe on the usage rights of these programs?I think both of the above points are covered but it still is worth discussing.ThanksShez

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Hi Jim,Need to discuss something about my Cleveland scenery. I have an update which I want to discuss with you because your AFCAD is being overwritten with the new data from the extended 6L/24R.RegardsShez

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Tom, thankyou for this groundwork , i will be following it closely.Milton, i think the trend away from what is known as Freeware is due to some websites charging to acess and download this software and therefore makeing a dollar from soneone elses work with no renumeration to the orig author, I think you will find most Freeware becoming Select ware ( only from Authorised websites ) for distribution where violation will result in a financial penelty.The only thing i can think of for end users is the Copyright Law of the individual country concerned allowing legal owners of the original products creating a backup copy or the inclusion of a statement in the EULA allowing One copy of the files may be backed up onto a CD per licensed Orig.People tend to forget, they dont own the software, only a license to install and use it onto One system ( unless stated in the EULA ).I think this is going to be the way to go for Freeware ( sic Selectware ) as well as payware due to the actions of a minority.rgds Jeff

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I have almost the same question. If the product becomes payware what about the tools that we use and only allow freeware production?ThanksJos

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