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FMS Forum • View topic - Isn't this illegal?? - Selling FMS on Ebay

Isn't this illegal?? - Selling FMS on Ebay

Postby apex34 » Fri Apr 30, 2004 3:55 am

Hi there everyone,
I just saw this on Ebay. Is this not illegal, selling FMS??



I think this guy should be fried, for ripping off the authors, and making money off their great product!!
Hope this gets past on to Roman and Michael Möller, and they sue this guy!!
Great product by the way!! :D
apex34
 
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Postby apex34 » Fri Apr 30, 2004 4:01 am

Me again!! :D
The guy even put his contact details on the auction.

Wood Designs By Eric, Inc. 410 W. Kingsbury dr. Arlington Hts. Illinois 60004 847-394-0647

Idiot!! :angry:
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Postby Eric Brouwer » Fri Apr 30, 2004 10:58 am

Some mistakes are too much fun to only make once.

Vanderbijlpark
South Africa
Homepage: http://myweb.absa.co.za/eric.brouwer
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Postby apex34 » Sat May 01, 2004 11:46 pm

The guy may say that the software is free, but if you look at the authors copyright statement:

"You can make as many copies as you wish and distribute it to anyone, provided that all files are left intact and you do not charge any money for it. You may not sell it or make any other commercial profit with the FMS. One exception could be made if the FMS is been shipped with some other product; this may be allowed, if you have the written permission of the authors first. The condition remains that it is evident to the authors, that you do not make any profit from it, and it has to be obvious to the customers as well that the FMS is freely available"

So in reality, this guy is charging for the CD, CD case, and handling, a $13.80 total, for probably a 20c CD, and $1.00 shipping. Is says in the statement that the product can be sold if in conjunction with some other product. So are you saying the because he is "selling" a CD and CD case, then this makes it legal to sell the program?? Sounds like a breach of copyright to me!!
But these are only my opinions. It would be great if this was brought to the attention of the authors, so they can decide themselves on whether this guy is selling the program for profit or not.[I]
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Postby Steve Lewin » Sun May 02, 2004 8:22 am

You'd have a lot of trouble proving that the cost of CD, shipping etc. PLUS the guy's time to download FMS and the models, burn the CD, buy packaging, pack it, go to the post office etc. left him any real profit.

But surely the real point is that the Moeller's give FMS away themselves. Since they're making nothing from it where do you expect them to find all the money needed for expensive lawyers to sue the guy, particularly since it's an international case ? Are you offering to fund the case for them ?

Anyway $6.50 is not bad. Try damaging a RealFlight CD. They charge you more than that to replace a CD you've already paid them a couple of hundred dollars for ;).

Steve
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