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View Full Version : IMPORTANT: New Policy At U-Boot.RealSimulation.com


terrapin
07-20-05, 08:44 AM
In the light of the latest developments we were forced to put up the following new disclaimer at http://U-Boot.RealSimulation.com.

Thanks for your understanding!



End User Policy: All files hosted on U-Boot.RealSimulation.com are FREEWARE. It is strictly forbidden to use any file downloaded from our site for commercial purposes (ie.: repackaging or redistribution) without having prior written consent of the file uploader and/or mod author to do so. This includes modification or redistribution of any portion of any file available on U-Boot.Realsimulation.com also. We advised our lawyers to vigorously defend this end-user policy. All IP addresses are logged and kept on file. If you don't agree with this policy, please don't download anything from our library. With starting a download from our site you'll expressively agree to this policy!

In plain English that means: You MUST NOT try to make money with any file downloaded from our file library!

jasonb885
07-20-05, 09:04 AM
Nice, but many mods are hosted at other locations.

Since you aren't the author of the mod, you can't do anymore than you've done.

But an evil-doer can just fetch the file elsewhere and proceed.

*shrug*

Thanks for trying, though.

:up:

terrapin
07-20-05, 09:11 AM
Nice, but many mods are hosted at other locations.

Since you aren't the author of the mod, you can't do anymore than you've done.

But an evil-doer can just fetch the file elsewhere and proceed.


*shrug*

Thanks for trying, though.

:up:

You're absolutely right, but I'll try everything I can to protect freeware authors being ripped off. Besides that, I again STRONGLY encourage all mod authors to put a disclaimer in their future readmes..

A similar situation just has occurred with F4:AF, where much hard work of freeware coders has been implemented without any consent of the respective authors...

A - relatively - secure model could be only to upload things to trusted sites like subsim and NOT TO USE more or less anonymous filehosters...

jasonb885
07-20-05, 11:10 AM
Have any suggestions for valid sounding legal mumbo?

Thanks!

Wulfmann
07-20-05, 11:45 AM
Having been a mod contributor to the CFS3 for over 3 years many of us were alarmed to find our mods had been downloaded from one sight then reoffered, without our knowledge or consent, by another site as freeware, but you had to pay a membership fee "to cover bandwidth"

At that point I added a clause that stated what site (s) were authorized to offer my mods and any other site did so knowing they were expected to pay me $100,000.00 US (or Euro, which ever was the lower, hey, I 'm a generous guy).
Seems like none of those mods found there way to those sights.
I then redid the mission packs to have a new named aircraft and saw to it the one in the old pack was no longer available making it impossible to fly the missions. Anyone could email me and I sent them what ever they needed to get an update with an explanation which they fully supported..

Freeware is construed by some to mean they are free to make money from it. If they believe they may be liable to pay the author, they seem to shy away from that.:hmm:

Wulfmann

mpugsley
07-20-05, 12:03 PM
One thing you could do is post the following in the code of your mod:
"EXHIBIT A -Mozilla Public License.

``The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.mozilla.org/MPL/

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF
ANY KIND, either express or implied. See the License for the specificlanguage governing rights and
limitations under the License.

The Original Code is ______________________________________.

The Initial Developer of the Original Code is ________________________. Portions created by
______________________ are Copyright (C) ______ _______________________. All Rights
Reserved.

Contributor(s): ______________________________________.

Alternatively, the contents of this file may be used under the terms of the _____ license (the [___] License), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License."

[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]"

Found this at http://www.opensource.org/licenses/mozilla1.1.php

It seems that you don't need to list the whole license. Merely naming the license (with a paragraph such as the one above, given at the end of the license as an example) invokes 'the' terms of 'the' license (which is maintained at the listed url, http://www.mozilla.org/MPL/.

If you look at the first page I listed, you will see a large number of licenses that you can use/cite. I suggested the Mozilla license because the initial page I went to, http://www.opensource.org/licenses/index.php, claimed that the Mozilla license has become widely used. I assume that the GPL and other licenses are still popular too.

Jungman
07-20-05, 03:52 PM
As for me, if someone wants to make money and sadly the customer did not know it was free anyway; does not matter much.

I figure the game will sell better and more copies and thus we will get better sims in the future. In der USA it is sadly common practice to re-sell free stuff. Capitalism at its finest. They figure if your dumb enough to buy something that is already for free because you did not look or shop around...like selling you 'bottled water'...wish I came up with that one... :rotfl:

I never would do that though, it is immoral to me.

I do not care for Legalism and Lawyers.
Only thing I got for free from them is a good **** in der arsche. :dead:

terrapin
07-20-05, 03:59 PM
As for me, if someone wants to make money and sadly the customer did not know it was free anyway; does not matter much.

I figure the game will sell better and more copies and thus we will get better sims in the future. In der USA it is sadly common practice to re-sell free stuff. Capitalism at its finest. They figure if your dumb enough to buy something that is already for free because you did not look or shop around...like selling you 'bottled water'...wish I came up with that one... :rotfl:

I never would do that though, it is immoral to me.

Copyright is copyright. Although the SH3 mods are free (=without fees) to use this fact does NOT imply someone may make profit from the IP of someone other without asking for permission first. Ubi is a French company, X1 a German one - French, German and EU laws are applicable.

Jungman
07-20-05, 04:33 PM
Oh, just commenting. In USA everything is for sell, legal or not.
It is meant as a joke on our legal system.

"How is my chances in court?" citizen USA.

"How much justice can you afford?" Judges, Lawyers, Police...

"How about bribes?"

"Now your talking". :-j

" :arrgh!: "