4 minutes ago, Groovy_Kincaid said:

As others here have pointed out, DTG offered a completely different business model. It is like Chevy suing Toyota for lost Corvette sales because of the Prius. Completely different model.

Well I hate math but you make a good point. No worries about not being a lawyer. None of us yahooos are either.

Froogle needs a good stiff kick for throwing something so ludicrous out on the web.

That being said, there is always a possibility that LM will eventually ask for proof of academic involvement to purchase such a P3D license, which BTW is the norm for such licenses elsewhere. As for LM retroactively asking all such existing license holders to do so just isn't going to happen.  Considering that LM forces you to pony up for a whole new license every few years, such a change in licensing enforcement would have its "desired" effect eventually.

Edited April 30, 20188 yr by TheFamilyMan

24 minutes ago, Groovy_Kincaid said:

Again, onus is on DTG to prove lost revenue to the offered academic license

This was the main point of my post as well. I also think LM would have strong arguments that DTG made loads of mistakes that hurt sales, and I doubt DTG could prove those errors didn't hurt sales far more than any improper academic sales of P3D.

Furthermore many people buy more than one flight simulator because they all have different strengths. Someone buying P3D doesn't mean they would not also buy FSW if they thought that FSW had some interesting and unique capabilities.

I'm not sure I understand the legal theory behind such a suit.  LM has an agreement with MS to use MS's property or rights.  A violation would seem to me to be between those two parties.  I don't see how a third party has standing to complain about how the grant of right is handled.  I could see maybe Dovetail has a potential issue with MS if MS made representations about what MS would or would not do.

 

scott s.

.

 

To answer whether DTG can sue LM or not, lets flip things here and ask opposite questions.

Can LM sue DTG for damages due to usage of their software (FSX:SE or FSW) for academic purpose by some students? or training schools? (much cheaper option) Did DTG took necessary actions to make sure its software was used as intended for entertainment purposes only? The short answer is it will not be a smart move to sue them and waste of time/money because DTG did not market their products through channels that targets these segments and specified clearly the purpose of its software through EULA. So if a user misused the software, its fall under the user responsibility only not DTG

So, all of the above also apply to this thread main question on whether DTG have some right to take action against LM

 

 

12 minutes ago, scott967 said:

I'm not sure I understand the legal theory behind such a suit.  LM has an agreement with MS to use MS's property or rights.  A violation would seem to me to be between those two parties.  I don't see how a third party has standing to complain about how the grant of right is handled.  I could see maybe Dovetail has a potential issue with MS if MS made representations about what MS would or would not do.

 

scott s.

.

 

I was going to go there, but I thought I would stop. If there is ever a lawsuit, it will be MS suing LM. DTG will probably be a cheerleader on the sidelines.

Who is Froogle?

2 minutes ago, DavidP said:

Who is Froogle?

He’s the guy that started the campfire story.

I'll admit that one of the first things that went through my head when DTG made their announcement, was a lawsuit. Especially since DTG made such a point about the entertainment license. And since I'm a college student, I am one of the academic license owners (with plans to upgrade to a pro license when I graduate) of course I spent some time worrying.

But I think we'll be OK. As has been said, I think DTG would be crushed by LM in court. They have nothing to gain except to cut their losses now by pulling the product.

11 minutes ago, DavidP said:

Who is Froogle?

He’s a Brit now living in Florida. A former journalist I think. Not sure of his current employment status. Best known in flight sim circles for his regular YouTube broadcasts on FS matters.

Reasonably balanced views which is why I was taken aback by last night’s statement.

1 hour ago, fshobby said:

 

Furthermore many people buy more than one flight simulator because they all have different strengths. Someone buying P3D doesn't mean they would not also buy FSW if they thought that FSW had some interesting and unique capabilities.

And is at actually worth getting before it disappears ? Serious question, I run P3DV4, X plane 11,DCS and FS2.

For the price of a  single good quality add on aircraft for P3D FSW appears from its adverts to be offering a nice little selection of quality  GA    Planes to buzzz around in. Or is it best avoided?

cheers

jon

2 minutes ago, DavidP said:

Who is Froogle?

He’s the guy that started the campfire story.

1 minute ago, Groovy_Kincaid said:

He’s the guy that started the campfire story.

nice one 🙂🤣

I'm no lawyer either, but I do watch a lot of Judge Judy. And everything is going to be just fine 😀

42 minutes ago, Ray Proudfoot said:

He’s a Brit now living in Florida. A former journalist I think. Not sure of his current employment status. Best known in flight sim circles for his regular YouTube broadcasts on FS matters.

Reasonably balanced views which is why I was taken aback by last night’s statement.

For some reason I thought he was an Aussie.