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File being hosted here Illegally

Pro Member Trainee
BigglesPiP Trainee

https://flyawaysimulation.com/downloads/files/1264/fs200-fuel-calculator-v1/

I am the author of this program, I don't know who uploaded it, but it is strictly against the licence agreement for that file to be here.

1. I have not given permission, it is "Limited Distribution Freeware".

2. It MAY NOT be hosted on a site whereby a user must pay to gain access to it.

In declaring the product "Freeware" I own a generic Copyright and may further control the use of the program with a licence agreement.

I have made countless attempts to contact the side admin via email and other. It has now been several months since I last contacted you.

This is why I have chosen such a high profile method this time I'm giving you 1 week to remove it from the servers, If you need more tome contact me, you have my email via this profile.

My next port of call will be to report this illegal activity to your domain registrar.

Please stop making life difficult for the few who do the hard work in the FlightSim community (developers), my aim is to keep my software as free as possible.

Regards,
Bracken Dawson.

12 Responses

Pro Member First Officer
Ryan (737FLIER) First Officer

You don't have to pay to view or post it, so I don't see what is so bad about it.

Pro Member Trainee
Craig (Sno0ze) Trainee

737FLIER wrote:

You don't have to pay to view or post it, so I don't see what is so bad about it.

As far as I know thats correct yeah. However Bracken, if I may, even if you didn't know the uploading, viewing and downloading of files was free then if it still wasn't authorized to be here for some other reason then fair enough. By the way I have nothing to do with the administration of this website. This post may have been pretty pointless but still I see where your coming from, I wouldn't like it either had I been you so I'm just posting to let ya know nobody is ignoring ya lol

Sno0ze

Pro Member Chief Captain
RadarMan Chief Captain

If memory serves me correctly you contacted me before and I did tell Flyway ( he owns and operates this site).

I'll bring it to his attention.

Radar

Pro Member First Officer
Steve (astrosteve) First Officer

If it's 'free' than what's the problem???? What a real Censored!!!

Censored By Radar

flysafe Guest

Correct me if i'm wrong but I thought you had to be a member and therefor pay the membership fee before you can access the downloads from this site.

If that its the case, then in a way you are having to pay for it.

Still it seems trivial but the author has a point.

Suggest, if you want it download it now before it is removed.

Pro Member Chief Captain
CRJCapt Chief Captain
td17_uk Guest

unfortunatly you will find that under exsisting international copyright law there is no illegal activity in this site hosting that file as its freeware you have made it public domain proprty you have no legal right to decide where and who distributes it as you have not entered into a binding dristribution network but made it freely available for download if you buy a CD or a DVD from a shop it is covered by copyright as the makers have entered into contracts of distribution in which the product is sold.

the moment you make a product buyable you make an unwritten contract contract with the person you are selling to that distribution right are solely retained by you, this is not the case with freeware and without a legally binding notorized statement of copyright you have no rights to say where and how it is distributed.

all the readme statements regarding copyright contained in the product are not worth anything unless copyright is registered and that you have not released it into the public domain.

this should serve as a warning to any other developer that if you want to retain the rights to your product make sure you do before you release it

td17_uk Guest

i forgot to mention the fee's payable to this site are in regards to using the facilities provided by fly away simulation and do not appeal solely to any particular file.

also i am not affiliated in any way to FAS but just posting this for imformation

Pro Member Trainee
BigglesPiP Trainee

td17_uk wrote:

unfortunatly you will find that under exsisting international copyright law there is no illegal activity in this site hosting that file as its freeware you have made it public domain proprty you have no legal right to decide where and who distributes it as you have not entered into a binding dristribution network but made it freely available for download if you buy a CD or a DVD from a shop it is covered by copyright as the makers have entered into contracts of distribution in which the product is sold.

the moment you make a product buyable you make an unwritten contract contract with the person you are selling to that distribution right are solely retained by you, this is not the case with freeware and without a legally binding notorized statement of copyright you have no rights to say where and how it is distributed.

all the readme statements regarding copyright contained in the product are not worth anything unless copyright is registered and that you have not released it into the public domain.

this should serve as a warning to any other developer that if you want to retain the rights to your product make sure you do before you release it

That's "Public Domain" software, Freeware is NOT the same, there is a lot of documentation out there on the subject: http://pauillac.inria.fr/~lang/hotlist/free/licence/
http://en.wikipedia.org/wiki/Freeware
Also a thing called "Limited distrubution Freeware" exists, and Fuel Calc is exactly that.
I do own a generic Copyright on the software, it would be vary hard for me to use it, as it's hard to prove I made the software, I still have the source somewhere.

I couldn't download the file until I payed up and joined. I don't want ANYONE to think they have to join here to get it. I support the program (down to about 1 email a month, from a good 50 in the 1st month), and I don't want the hassle of people saying they payed to get it.

Pro Member Captain
Rodney Jacobs (GundamWZero) Captain

To simplify this, (had a lot to say):

If this program was freeware, limited or not, how can you prevent it from being distributed in sites that you have to pay to enter and download content? I understand that this is liimited freeware, meaning you're going to eventually charge everyone to use it yourself. But you cannot prevent someone from "lending" a copy to friends, even if they paid you for it. Now, if this is considered to be freeware, I can understand that you shouldn't have to pay to a site just to download your freeware. That isn't fair practice and you should be compensated...... IF it is freeware. BUT it is not.

To the owner and mods of this site, you should either make the downloads free to all or have two different memberships, a limited membership for those who use the site for help, suggestions, or get ideas, and a payable one for exclusive membership, for those who use the forums and download files and software.

Personally, I have no use for that program.

Pro Member Chief Captain
RadarMan Chief Captain

GundamWZero wrote:

To simplify this, (had a lot to say):

If this program was freeware, limited or not, how can you prevent it from being distributed in sites that you have to pay to enter and download content? I understand that this is liimited freeware, meaning you're going to eventually charge everyone to use it yourself. But you cannot prevent someone from "lending" a copy to friends, even if they paid you for it. Now, if this is considered to be freeware, I can understand that you shouldn't have to pay to a site just to download your freeware. That isn't fair practice and you should be compensated...... IF it is freeware. BUT it is not.

To the owner and mods of this site, you should either make the downloads free to all or have two different memberships, a limited membership for those who use the site for help, suggestions, or get ideas, and a payable one for exclusive membership, for those who use the forums and download files and software.

Personally, I have no use for that program.

Umm... Please leave us (MODS) out of this we are strictly volunteer, no pay, no discounts, no free goods not even a Christmas card. 😂

Radar

Pro Member Captain
Rodney Jacobs (GundamWZero) Captain

RODLMAO!!!!!

😂

Okay.... will do. I hope that the guy understand that there's no harm is intended for him or anyone else, and this issue is quickly resolved.

On a different topic:

I absolutely love my Pocket PC..... chatting from the desert floor is awesome !!!!! Now they need to make a flight sim for the PC phones........ :p

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