Assistance with a distribution issue

[SeanTK]

Sim-Outhouse users,

As some of you may know, there is a new freeware MD-83 addon available for FSX, released by Alejandro Lucena.

He (and by extension, the team that helped him a bit) currently have an issue with what we understand to be illegal distribution of the file on the website FSPlanet.

We specifically stated in the Readme that any other website must get permission from Mr. Lucena prior to hosting the MD-83 addon, in addition to the fact that the hosting service cannot use it for monetary gains.

Excerpt from Readme:


Legal:

This aircraft is stricly FREEWARE. All rights to this flight simulation model belong to Alejandro Rojas Lucena beyond the features mentioned above that were created by other authors/organizations.

This aircraft can not be distributed to any websites without permission from Alejandro Rojas Lucena.
This aircraft may not be used for any monetary and/or commercial gains in any way.
The owner of FSPlanet is currently hosting the file, and Mr. Lucena advised him to remove it. Unfortunately, the FSPlanet owner is refusing, and is claiming that since the file is freeware, Lucena does not have the right to place legal limitations on it, consequentially allowing FSPlanet (and pretty much anyone) to do whatever they want with the file. The FSPlanet owner is also claiming that the monetary restriction isn't valid since he isn't directly receiving income from the addon.

Are there any legal experts here that can assist us in persuading FSPlanet to remove the file? I know for a fact that under US law, authors can still place restrictions on a freeware software release, but that's as far as my knowledge goes, and finding a government/legal document to demonstrate that isn't working out well right now.

Here is a link to the thread in question:
http://205.252.250.26/cgi-bin/yabb2/YaBB.pl?num=1290020961/0#8

If we have any legal experts here, we thank you for any assistance that you could provide,

-Sean

[N2056]

It's a problem that has plagued developers for many years, and this same sort of thread has been around many times too. The bottom line is that he knows that he can pull it off, so he does. I note in the SimV thread that Alex is pretty unhappy, and rightly so. Frankly in my mind (and I have had it happen to me on the freeware & pirated payware side) you must decide if it is worth the potential frustration later when you send in that upload. If it is not then I would respectfully suggest another hobby. No matter which route (freeware / payware) you take sooner or later someone is going to screw you, and I have yet to see one of these cases go to court successfully.

Give it a month or so and see how many other places his plane shows up!

At least he's not looking at his payware project up at the likes of Pirate Bay like so many of us have done :frown:

[SkippyBing]

It might be worth contacting whoever FSPlanet are hosted by and let them know it's hosting files illegally.

[IanP]

FSPlanet have been well known for hosting illegal content for years. I have known people be able to get files removed, but very, very, rarely and normally only commercial models uploaded as "freeware conversions". If you're a freeware developer, I've never seen anyone get anything successfully removed. They simply don't care. They're "doing the sim world a service in the face of selfishness".

That's not what you wanted to hear, I know, but it's been the situation for as long as I have known that site exists, sorry.

Ian P.

[empeck]

All of my planes appeared on variuos sites, someone uploaded my Lublin even to Flightsim.com. I doubt you can do anything to avoid this issue.

Two times I was asked for permission - from admins of simviation.com and rikoooo.com.

Honestly, I don't care as long as the plane is properly credited.

[bobmay]

Apart from our own web site we only upload to flightsim.com and simviation.com but within a few days of publication our models appear on fsplanet so they must lift them from one of those two sites. For about a week they are only downloadable from fsplanet by their 'members' i.e. those mugs who pay a subscription to fsplanet to get what they could have had for nothing, after that the files can be downloaded without registering.
We are not happy about fsplanet indirectly making a living from our work but there's nothing we can do about it. They are leeches.

Bob
PAD

[Chris Sykes]

Well from my understanding that if its explicitly writen in the readme or EULA stating that is your (the owner/creator of the file) wish they have to follow this. Also as the owner/creator it is your wish they remove the file from their hosting, both of these have to be followed and is legal...

Id start getting your Law head on and quote internation laws regarding hosting of data etc and ask for his website host details. If he isnt willing go to http://www.domaintools.com/ and put in the webaddress to see whos hosting the website and contact them about ilegal file hosting.

[Alejandro Rojas L]

Thank you Guys for your support ,Its a relief to me that many people including SOH are aware of this Site and what represents

one of the reasons I made my models its to promote FSND (http://www.simviation.com/fsnd) my website hosted by Simviation ,I wanted to have exclusively or my own work , make Flight Simulations and Designs (http://www.simviation.com/fsnd) Visible and a cool place , well this guy also took my work to promote his site I send him and email and this was his reply (transalated from Spanish)

Original letter

23847

Lord Alexander

In any case we have any direct benefit by distributing the files we put on our servers, rather pay significant amounts every month from our servers we have in the United States for distribution thereof, and for this we have our sponsors and our shop found to cover these expenses. At the same time we have the First Class service, used by all flight simulation pages with great shock and Flightsim.com canitdad, Fsplanet.com Simviation.com or as otherwise would be impossible to continue to offer download service files, which I'm sure you understand.

In addition, we publish files that we upload to our servers. Unfortunately we have had many problems as there are third parties who upload files to others, and these same we complain that they have not gone up, when we have no way of knowing if you've uploaded the perpetrator or another person.

Also, I remind all freeware file may be distributed perfectly, sorry Alex, but this is so. As much as you have done the file can not grant exclusive distribution to anyone since all file freeware may be freely distributed, either through the Internet server for CD / DVD .. etc. Hence, the magazines, to cite one example, for decades distribute freeware files on CD / DVD or floppy disks. Can they be accused of selling magazines by freeware content containing your CD's?. You're accusing us of having benefits from your file when it is not. The benefit is due to set out all the content, and assure you that in our case, much of the benefit is to pay freeware servers that we make available to the public we get from the sponsorships, and not the publication of your file .

Yours sincerely.

FSPLANET.COM
Cristian Viver
staff@fsplanet.com
http://www.fsplanet.com (http://www.fsplanet.com/) If I wanted to upload it in other site that would be the last place I would upload it ,He already tried twice with my other models , the CitX and Cit500 I send him and email and he remove it ,its the only site that do this,he upload to its self without any kind of permition and he doesn't even respect the will of the Author in the read me file ..
but I'm more comfortable now that I see decent and good people are aware of what is FSPlanet and what does represent ..

Thanks you Gentlemen

Alex

[jmig]

Yeah, FSPlanet are bottom feeders. Years ago, I became a "paying" member until I started reading on forums about how they just trolled the net for stuff and repackaged it. People have tried to sue them, as I understand. This guy Freddy, who ran the site use to laugh in their faces.

They are contemptuous scum. Oh, BTW - I never renewed my subscription.