can't the guy read?

[JP_Visser 3]

i've just learned that one of my repaints is on fsplanet.com.even though the readme says this:"RNLAF/KLu repaint of the DC10-30F by SGA.repaint by JP Visser.this is conditionware.this archive is only to be hosted on Avsim.com and Flightsim.comi do expressly forbid FSPLANET.COM and SURCLARO.COM to host this file.any other can email me to request permission if they wish this paint on their website.unless written permission is given,you are not allowed to host it.all altered textures are © JP VISSER/VAA,nobody can use themwithout asking me first.do not make money with this file,it is free.now that is out of the way,i do hope you'll enjoy my paint.JP Visser"but obviously,he hasn't read that.i'm raving mad.really.tataJP.

[Guest jaapverduijn]

Oh, he has read it alright, he simply doesn't give a fiddler's fugh. He recognizes only one sort of wishes: his own.Trek je er niet teveel van aan, je bent het umptentumptigste slachtoffer van die lul.Be well!Jaap Verduijn.

[JP_Visser 3]

the dude wants my postal adress?why is that????tataJP.

[KERNEL32 500]

>the dude wants my postal adress?>why is that????>>tata>>JP.Who? The guy at fsplanet? OMG I wouldn't give them ANYTHING! Look at how many files (and who knows what else) they blatently STEAL- give them your address and your bound to come home to ....well- NOTHING!

[JP_Visser 3]

yeah some guy of fsplanet asks for my postal adress...i don't get it.i do hope they'll remove my file though,i'm the one who decides who hosts it,and who doesn't.but that'll be dreaming i guess then.tataJP.

[Tom Allensworth 1,532]

Ferdy always starts his legal threats with "Send me your mail address so our lawyers can contact you". My response, in the half dozen times he has threatened to take AVSIM/me/us to court has been to tell him; "If your lawyer is worth what your paying him, and you really do have a lawyer, have him get my address. It ain't like rocket science you know". Nothing ever comes of it, and it is simply Ferdy's immature and reckless attempt to intimidate you. But, you being in the EU, do have recourse, don't you? He's in Spain after all, and it seems to me that there should be some EU agreement somewhere that you could hammer him with.

[rightseat 277]

Tell him to take off! He's trying that same BS about how he's going to sue you and needs your address to subpoena you for court. He's going to try to tell you that you are defaming and slandering his website by forbidding them from hosting you files. The guy is full of it. All the same, I wouldn't give him anything. The best way to fend off 'Mr. F' is to charge download fees for your files on his site. Make it payware for everyone else except AVSIM and Flightsim. And charge an upload fee of $10,000 U.S. to allow the "other sites" to host them. That way, they owe you money and the rest of us who follow the rules can keep getting your awesome files. If you charge everyone who doesn't have permission, then maybe you could stick it to him in court for a change! :>just a suggestionbest

[JP_Visser 3]

>Tell him to take off! He's trying that same BS about how>he's going to sue you and needs your address to subpoena you>for court. He's going to try to tell you that you are>defaming and slandering his website by forbidding them from>hosting you files. The guy is full of it. >>All the same, I wouldn't give him anything. >>>The best way to fend off 'Mr. F' is to charge download fees>for your files on his site. Make it payware for everyone else>except AVSIM and Flightsim. And charge an upload fee of>$10,000 U.S. to allow the "other sites" to host them. That>way, they owe you money and the rest of us who follow the>rules can keep getting your awesome files. If you charge>everyone who doesn't have permission, then maybe you could>stick it to him in court for a change! :>>>just a suggestion>>>bestthat's a good idea,i will from now on order everybody who hosts the file without my permissionto pay a hosting fee,as well as a per download fee.i will only grant a few selected sites permission to host my files without being charged the aforementioned fee(s)Tom,i'll see if i can do anything about him,i will contact my lawyer,to seeif he has any idea what to do,and if it might befeasable.i don't think i'll have much chance though,but i can always try.and as i am in the EU allright,i might be able to do something.in any case,i have more chance then you guys across the pond i think.tataJP.

[Guest]

There is as yet no common EU IP law. It was shot down as it also contained the highly criticised (correctly) plans on software patents which would make the situation concerning those worse in Europe than it is in the US right now.So there is no way even for other EU citizens to get to Ferdy, except that maybe taking the guy to court is cheaper for someone in another EU country than it would be for you from across the Atlantic.

[Guest av84fun]

If I may butt in....while I am TOTALLY on your side, I am in the music business where copyrights are everything and I can tell you not to waste your time.You have placed your work in the public domain and while you can license some for free and charge others if you want to, if the host doesn't charge, then you have no allegation of a direct profit motive and few courts would impose statutory damgages on an alleged infringer if the work has already been published throughout the world for free.You would have problems with the "Fair Use" provisions that exist in the U.S. and most other nations that are signatories to the Berne Convention.Just IMHO....take a deep breath and forget it.Best,Jim

[John_Cillis 2,406]

"i'll see if i can do anything about him, i will contact my lawyer,to see if he has any idea what to do,and if it might be feasable."What damages can you really prove? Has everyone flocked to his site to get just your downloads? I'm just trying to give you an idea of the frame of mind this guy is in--I am playing "Devil's advocate".He knows the numbers. Just as he knows he won't get anywhere threatening you with a lawyer, he also knows you won't get anywhere. However, getting a collection of MSFS developers together and filing a class action suit, as well exposing his advertisers--you may get some justice that way.I for one am against conditionware statements that target specific sites. The net isn't made up of rational people. Some of them I even consider borderline psychotic. I'd make it clear where you want your work uploaded to, and make it clear that your permission is required elsewhere. Also add what the damages are if the permission isn't sought.Having grown up on Chicago's south side, I consider myself pretty good in a fight--even though I've put on the pounds and the years. But I won't go into a South Side bar with a t-shirt that says "Take Me On!" I can handle the sober ones--but it's the ones with no inhibitions and no sense of right and wrong that can catch you with a left hook. Sites that poach and collect money for access to our work are already operating with more than a few screws loose.-John

[John_Cillis 2,406]

Jim,In his case, the host does charge. Although they claim there's "free" access, when I learned of my Mirage ending up on the site once, I tried to download it. I was unable to. That isn't "free" access--that's access for profit--or at least trying to encourage the user that money must change hands in order to access a free file.-John

[JP_Visser 3]

i know i'll probably end upirritating myself for nothing,i have politely asked him to remove my file(s)then i get "what is your postal adress?"in return.after that,i have explained why i did not want him to host my filebut i haven't threathened to use a lawyer.he just did,he told me he has forwarded my email to his solicitors,and he has my ip,or so he says ;)afaic,i'm right,and he is still wrong.there is no solicitor who can change that imho.i am stating the known sites i do not want my files to host,because i have tried to download them at both,and wasn't able to,even after repeated attempts.this means he is making money over my work,period.and whilst i can't do anything about it now,maybe i or someone else can in the future,citing many posts at f.i avsim.com to prove he's right.if nothing else,it annoys the crap outta me that people can dothings like this.tataJP.

[Guest jaapverduijn]

My own experience in one or two similar cases (although not concerned with computers and software), was that a personal visit worked miracles. The actual physical location of this sort of guys tends to be hard to discover, but it's not impossible. I've always been pleasantly satisfied with the resulting whole-hearted cooperation.Be well!Jaap Verduijn.

[Guest Philip Olson]

I just had a nasty idea, too bad someone does not create a repaint, or a plane and in the read me give credit to everyone on Avsim for contributing to the making of that file. Then when it appears on that other site he could be bombarded with requests from everyone at Avsim to remove the file. :-lol He could sick his lawyers on every one of us! :-lol Just an idea for future consideration.Philip Olsonhttp://www.precisionmanuals.com/images/forum/supporter.jpg