Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-26 Thread dave
Hi Folks,
Can whoever is working on the NZ scenery put Andrew Casey's house on 
the  ground  so we can buzz it until he complies. :)
That was a joke (possibly a bad one).
dave.

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-23 Thread Arnt Karlsen
On Sun, 23 Nov 2008 14:15:08 +1300, James wrote in message 
[EMAIL PROTECTED]:

 Arnt Karlsen wrote:
 
  perhaps the simplest means of resolution would be for the
  infringing party to take down the screen shots, take their own
  screen shots, and apologise for the mistake. 
  Agreed.  :-)
  
  ..under GPLv2, they _also_ need to ask _every_ copyright owner
  violated, for a _new_ _explicit_ permission to distribute.
  GPLv3 is more lenient, here you must just comply. 

 Hmm, I'm not sure why you are bringing the GPL to the screen shot 
 discussion...

..I am?  I thought I was responding to Melchior talking about his
rights under copyright law and the GLPv2 to his own code.

 We know that:
 The screen shots are not GPL.

..which means you had _no_ permission to put them on your or Andrew's
etc websites.  ;o)

 The code is GPL.

..correct, and I was just pointing out Melchior's right to deny you
guys the commercial re-branded sale of his code under GPLv2.  ;o)

 The subject has infringed the copyright of the screen shots.
 They claim they have not infringed the terms of the GPL.

..how interesting, urls?  ;o)

 No other license has been given for the screen shots, the GPL does
 not apply to them.  The GPL does still stand for the code itself and
 the person infringing the screen shot copyrights can continue to
 distribute the code under GPL without seeking further permission to

..I would have consulted the relevant GPL version before 
drawing such bombastic conclusions.  ;o)

 do so, so long as they meet the GPL conditions for the code which is
 licensed under the GPL.
 
 This of course does not change the fact that in order to use a screen 
 shot one must obtain permission from the copyright holder of that
 image -- or cease to use the image and beg forgiveness, which is
 probably the much more likely solution than getting permission.

..not to mention the probable punitive tremble damages.  ;o)

 ---
 James Sleeman
 
 
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-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-23 Thread Arnt Karlsen
Hi all,

..first I would like to take this opportunity to apologize 
to Matthew, for taking his prudent caution, for reluctance 
to enforce copyright for a wee while, which had me _wonder_, 
I'm afraid I'm much better at finding 'n sensing vague subtle
things quickly, rather than understand them as quickly. ;o)

On Sat, 22 Nov 2008 16:00:03 +1300, James wrote in message 
[EMAIL PROTECTED]:

 Arnt Karlsen wrote:
  ..excellent, then you would be in an excellent position to verify 
  there indeed _is_ a house [...] I found none and said so.

 Err, you can see it yourself, at least the roof... if you look on
 Google maps, click Map view, type in the address.  It will show you
 the house section numbered 5A slightly to the left and down from
 where Google puts the marker, put your finger on the section, now
 click Satellite view, it will show you the house.  It's a back
 section with a grey roof.  

..not the green one?  Bordering onto the park, #5A is behind #5 
which is the one with the dark grey roof facing the cul-de-sac:
http://maps.google.com/maps?num=100hl=enq=%225a+Jasmine+place%22+Wigram+%22Christchurch,+Canterbury+8004%22ie=UTF8ll=-43.552829,172.539025spn=0.001819,0.004447z=19g=%225a+Jasmine+place%22+Wigram+%22Christchurch,+Canterbury+8004%22iwloc=addr
Zoom in _all_ the way down to see #'s  property border lines.
Then check against the eye in the sky: ;o)
http://maps.google.com/maps?num=100hl=enq=%225a+Jasmine+place%22+Wigram+%22Christchurch,+Canterbury+8004%22ie=UTF8g=%225a+Jasmine+place%22+Wigram+%22Christchurch,+Canterbury+8004%22ll=-43.552829,172.539023spn=0.003631,0.004866t=hz=18iwloc=addr

 Got to love the eye in the sky.

..aye, thank you, looks like I might owe Andrew an apology 
for suggesting he used a fake address, instead we now have 
a few new verified addresses.  ;o) 

  ..respect for who?

 Well I think it's just rude to post such personal details on public 
 lists, sure it's available elsewhere I guess (whois) but still, I
 don't personally feel comfortable in posting such information.

..I can understand that. ;o)   Now tell us all, James, all about:
http://www.mail-archive.com/flightgear-devel%40lists.sourceforge.net/msg16485.html
How did it all work out for you, etc?  ;o)

  ..I certainly missed _your_ half of this conversation, 
  _did_ you try post this to FG-dev or 

 Eh? You've lost me here. I posted only to FG-dev.

..ok, I didn't see it there before I responded to Matthew's 
response to you.


-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-23 Thread James Sleeman
Arnt Karlsen wrote: 
  [a whole bunch of stuff cut]

Sigh, I'm sorry Arnt but trying to debate this with you seems to be a 
waste of time, and it's just getting off topic in my opinion.

For once and for all, I have nothing to do with this other than as an 
observant bystander trying to be helpful, I am not a sock puppet of this 
fellow Casey as you seem clearly to think I am, I have never so much as 
met the guy.

If you Google me, that will be quite clear for you to find out more 
about me.  In fact I'll make it easy, have some links for free:

  My company site: http://code.gogo.co.nz/about/james_sleeman.html
  My open source project: http://www.xinha.org/wiki/Developers
  Aircraft club, you will see me here as #2: 
http://www.recwings.com/contact.html
  My blog: http://www.geekzone.co.nz/sleemanj/
  My FG Multiplayer flight log: http://tinyurl.com/6feb76
  Here is even my /. id: http://slashdot.org/~Bitsy+Boffin/

And with that, I bid you adieu, I hope that a resolution can be made 
between the developers and Mr Casey quickly so FlightGear developers can 
sleep easy again, but I can't and won't waste further time on this.

PS: I apologise to the list unreservedly if I have upset readers in any 
way or dragged this so far off topic, my intention was to help, not 
cause an argument.  I'll just go back to lurking now in the perhaps vain 
hope that one day FlightGear may need something done which is in my 
small realm of skill that I may render assistance to this noble project.

---
James Sleeman


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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-23 Thread Stuart Buchanan
James Sleeman wrote:
 Arnt Karlsen wrote: 
  [a whole bunch of stuff cut]
 
 Sigh, I'm sorry Arnt but trying to debate this with you seems to be a 
 waste of time, and it's just getting off topic in my opinion.
 
 For once and for all, I have nothing to do with this other than as an 
 observant bystander trying to be helpful, I am not a sock puppet of this 
 fellow Casey as you seem clearly to think I am, I have never so much as 
 met the guy.

 And with that, I bid you adieu, I hope that a resolution can be made 
 between the developers and Mr Casey quickly so FlightGear developers can 
 sleep easy again, but I can't and won't waste further time on this.

Thanks very much for your efforts to find a resolution to this. I really 
appreciate
that you took the time to contact Andrew and bring him onto the list. 

BTW, don't think Arnts opinion carries any particular weight on this list.
AFAIK he has not contributed anything to FG other than the occasional 
request for dynamic sea-levels (nice idea, but way down the priority list) 
and noise about GPL violations liberally sprinkled with groklaw URLs and 
paranioa. 

 PS: I apologise to the list unreservedly if I have upset readers in any 
 way or dragged this so far off topic, my intention was to help, not 
 cause an argument.  I'll just go back to lurking now in the perhaps vain 
 hope that one day FlightGear may need something done which is in my 
 small realm of skill that I may render assistance to this noble project.

I'm sure you'll find something :)



  

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-23 Thread gerard robin
On dimanche 23 novembre 2008, Stuart Buchanan wrote:
 James Sleeman wrote:
  Arnt Karlsen wrote:
   [a whole bunch of stuff cut]
 
  Sigh, I'm sorry Arnt but trying to debate this with you seems to be a
  waste of time, and it's just getting off topic in my opinion.
 
  For once and for all, I have nothing to do with this other than as an
  observant bystander trying to be helpful, I am not a sock puppet of this
  fellow Casey as you seem clearly to think I am, I have never so much as
  met the guy.
 
  And with that, I bid you adieu, I hope that a resolution can be made
  between the developers and Mr Casey quickly so FlightGear developers can
  sleep easy again, but I can't and won't waste further time on this.

 Thanks very much for your efforts to find a resolution to this. I really
 appreciate that you took the time to contact Andrew and bring him onto the
 list.

 BTW, don't think Arnts opinion carries any particular weight on this list.
 AFAIK he has not contributed anything to FG other than the occasional
 request for dynamic sea-levels (nice idea, but way down the priority list)
 and noise about GPL violations liberally sprinkled with groklaw URLs and
 paranioa.

  PS: I apologise to the list unreservedly if I have upset readers in any
  way or dragged this so far off topic, my intention was to help, not
  cause an argument.  I'll just go back to lurking now in the perhaps vain
  hope that one day FlightGear may need something done which is in my
  small realm of skill that I may render assistance to this noble project.

 I'm sure you'll find something :)


Yes  +1 , thanks James.

And thanks to Arnt ,  who give us some good information regarding the Law.
We just have to select from it ( the Law) what can  be really done.
When i am talking with my lawyer , at the end of the talk , i never understand 
what can be done  :)   so, i let him to do instead of me  :)  .
Which could be the case with these snapshots , if necessary  :)  :)  :) 

Cheers
-- 
Gérard
http://pagesperso-orange.fr/GRTux/

J'ai décidé d'être heureux parce que c'est bon pour la santé. 
Voltaire


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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread Melchior FRANZ
Hi,

* KcKpers Ltd -- Saturday 22 November 2008:
[source code]
 (to clear up this matter it is supplied on the CD the purchaser
 receives)

Good.


 
 (basically re-branding this which I understand is also within
 the terms of the GPL) 

Agreed. That's allowed. And unethical, as you let your customers
pay for our free work and let them find out later. You mention
that your offer is based on FlightGear. But it's not only
based on it. This *is* FlightGear with some camouflage. You are
deceiving your customers. Most of them would probably not have
paid $27 for something that they can get for free from us.



 No I am not a lawyer or pretend to be one and if there is
 something that I have done incorrectly,

Selling a rebranded version is OK. Using our screenshots is a
clear copyright violation! We only (used to) allow that for
reviews and announcements of FlightGear. You don't have
permission. (At least you don't have permission for any of
my screenshots! Not that you are using any ATM.)



 Once this goes live I also wanted to contribute some funds
 to the project developers, [...]

This would make us profiteers of your deception, and I don't
think we want to be part of that. But that's Curt's decision.
People should know that FlightGear is free, and if they want
to support the project with money, then they should buy from
here:  http://www.flightgear.org/cdrom/  Ripping someone off
and donating parts of that is only OK if you are Robin Hood.

Thanks for your reply!

m.

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread KcKpers Ltd
Hi all,

 

Thanks for the comments so far. 

 

I have been looking over the use of images. 

 

I will remove any images if you notify me that you wish them to be removed.

 

However I do have something I wish to find out for future reference.

 

If flight gear is under a GPL license, does this not mean work created with
the use of flight gear is also under this license if it an output of this
software

 

If say a screenshot is taken of this software, does this also not mean this
screenshot is licensed automatically under the GPL as it displays in
graphical form, the code that was used to create this software.

 

If this is the case then can they not be freely used and not copyrighted
individually by the owner.

 

If this is the case, people saying that these images they created are
copyrighted goes against and breaches the GPL License

 

I am unsure if this is the case, but it makes sense perhaps.

 

Could someone please clarify this if they know the ruling?

 

Regards

 

Andrew

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread Melchior FRANZ
* KcKpers Ltd -- Saturday 22 November 2008:
 I will remove any images if you notify me that you wish them
 to be removed. 

No! Remove all of them, unless someone gives you explicit
permission to use them! You don't have any permission so
far! You are violating our rights and international 
copyright law! Copyright doesn't work on an opt-out
basis!



 If flight gear is under a GPL license, does this not mean
 work created with the use of flight gear is also under this
 license if it an output of this software

No! My editor is GPL, but what I write with it is not!

m.

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread James Sleeman
KcKpers Ltd wrote:

 If flight gear is under a GPL license, does this not mean work created 
 with the use of flight gear is also under this license if it an output 
 of this software


In the words of the GPL (v2) the output from the Program is covered 
only if its contents constitute a work based on the Program (independent 
of having been made by running the Program).

It is a little grey I'll give you, but no, it would be common 
understanding that a screenshot would not fall under that definition, 
ergo, it's not GPL.  Same as a spreadsheet made in a GPL spreadsheet 
program wouldn't be GPL.  This is particularly the case for FlightGear 
as the screenshot is produced by FlightGear itself.


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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread Jon Stockill
KcKpers Ltd wrote:
 Hi all,
 
  
 
 Thanks for the comments so far.
 
  
 
 I have been looking over the use of images.
 
  
 
 I will remove any images if you notify me that you wish them to be removed.
 
  
 
 However I do have something I wish to find out for future reference.
 
  
 
 If flight gear is under a GPL license, does this not mean work created 
 with the use of flight gear is also under this license if it an output 
 of this software
 
  
 
 If say a screenshot is taken of this software, does this also not mean 
 this screenshot is licensed automatically under the GPL as it displays 
 in graphical form, the code that was used to create this software.
 
  
 
 If this is the case then can they not be freely used and not copyrighted 
 individually by the owner.
 
  
 
 If this is the case, people saying that these images they created are 
 copyrighted goes against and breaches the GPL License
 
  
 
 I am unsure if this is the case, but it makes sense perhaps.

If you use mysql to store your customer database does this make your 
customer list GPL? If you use gnumeric to prepare your accounts can we 
all have a copy?

Jon

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread James Sleeman
Melchior FRANZ wrote:
 Agreed. That's allowed. And unethical, as you let your customers
 pay for our free work and let them find out later. You mention
   
I think while an ethical debate is good, perhaps flightgear-devel isn't 
the place really, probably just clouds the issue, which was originally, 
is this a GPL violation.

If the source code is delivered on the CD as has been stated, then it 
would seem quite likely that the distribution is in accordance with the 
GPL (or at least largely).  I would suggest perhaps the distributor 
could send some prominent concerned developer a copy of their 
distribution to confirm the source code (for the binary as distributed) 
is included.

 Selling a rebranded version is OK. 
This is not aimed at you Melchior as obviously you and the other 
developers are well versed in the GPL, but just a note for the fellow 
lurkers here who may be wondering how it can be permitted;

The GPL does not forbid selling the software (for want of a better 
word).  It also does not restrict the price one may charge.  It only 
restricts the cost of distributing source code if and only if the source 
code is not distributed at the same time as a binary (ie. the 
distribution contains only an offer to give you the source on request, 
in which case that offer must be redeemable at cost price). 

There are some other conditions, but by and large, if you give the 
source code along with the binary, you are good to go for whatever price 
you can convince somebody to pay.

 Using our screenshots is a
 clear copyright violation! We only (used to) allow that for
   
I think this is really the main issue to resolve.  I would suggest that 
it could be resolved in several ways, and that this is ultimately 
between the copyright holders of the images and the infringing party 
(and now that the developers are aware, not really something that needs 
to create noise on the list), but perhaps the simplest means of 
resolution would be for the infringing party to take down the screen 
shots, take their own screen shots, and apologise for the mistake.

PS: I really don't want to sound like I'm blindly sticking up for a 
fellow Kiwi, or this practice, or anything like that, because I'm 
absolutely not -- I'm just a lurking FlightGear user (zk-jrs on 
multiplayer).  I thought just that people were getting carried away on 
assumptions, diverting much needed developers from doing what they do 
best, which is creating more coolness for the mere users like me.

---
James Sleeman


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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread Melchior FRANZ
* James Sleeman -- Saturday 22 November 2008:
 I think while an ethical debate is good, perhaps flightgear-devel
 isn't the place really, [...]

Don't worry, flightgear-devel is the right place for that. This
is very much on-topic. And I don't take orders about what I
write about, except from Curt. I've already stopped posting
to the forum after the self-proclaimed forum police tried
to tell me what I should write about and what not. This doesn't
work here, as long as I'm flightgear developer. Once I've
turned into a mere lurker -- and this will certainly happen
at some time --, I'll shut up.


 perhaps the simplest means of resolution would be for the
 infringing party to take down the screen shots, take their
 own screen shots, and apologise for the mistake. 

Agreed.  :-)

m.

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread Arnt Karlsen
On Sat, 22 Nov 2008 13:19:40 +0100, Melchior wrote in message 
[EMAIL PROTECTED]:

 * KcKpers Ltd -- Saturday 22 November 2008:
  I will remove any images if you notify me that you wish them
  to be removed. 
 
 No! Remove all of them, unless someone gives you explicit
 permission to use them! You don't have any permission so
 far! You are violating our rights and international 

..actually, it's local to each and every country, but it 
works pretty much the same, jail and tremble damages and 
disgorgement and all.  ;o)

 copyright law! Copyright doesn't work on an opt-out
 basis!

..it's really _Comply_ to the GPL, _OR_, Face the 
Teeth and Wrath of Copyright Law Enforcement.

  If flight gear is under a GPL license, does this not mean
  work created with the use of flight gear is also under this
  license if it an output of this software
 
 No! My editor is GPL, but what I write with it is not!

..except if you write FG etc code and commit it into cvs, svn 
or git etc so it gets into FG, I rather strongly suspect you 
would own it and commit it under the GPL, and I haven't seen
anyone here do that under GPLv3, so the GPLv2 would require 
Sean, James, Andrew et al to come kneeling to Melchior and 
Curt et al like Heinrich IV came kneeling to Pope Gregory VII 
in Canossa, and ask for explicit permission to start distributing 
FlightGear etc, _after_ they have apologized and paid e.g. 
tremble damages to fix the damage they have caused FG.

..should e.g. Melchior decide No. like the Pope did (in the 
first 3 days) at Fortress Canossa, then Sean, James, Andrew et 
al must remove _all_ of Melchior's code from their re-branded
commercial version of FG and supply that version to _all_ of 
their customers or gift etc recipients.  Etc. 

..function and use is irrelevant under the GPL, the 
GPL and copyright law merely concerns Copyright.  ;o)

..and Melchior as copyright owner may want to try out
https://www.paypal.com/cgi-bin/webscr?cmd=_external-webformf=pps_prohib
that Thomas so promptly adviced me of. ;o)

..on Sat, 22 Nov 2008 09:12:27 -0500, Thomas advices in message 
[EMAIL PROTECTED]:

 On Fri, Nov 21, 2008 at 9:25 PM, Arnt Karlsen [EMAIL PROTECTED] wrote:
  So, let's look at what actions should be taken.  Given that I am
  not a copyright owner, I have nothing at stake beyond community
  membership.
  ..me neither.  ;o)
 
   Actually, he's got a lot more at stake.  Namely, if he is not
 complying with the license, then he has no license.  So any money made
 is at state, plus potential punative damages.
 
  Regarding flightgear, I am still trying to connect the dots on how
  we can be sure there is a GPL violation.
  ..aye, first I'd like to carry on find and verify such verifiable
  facts.
 
   This is VERY simple.  Is there a written offer to get the source
 code required to rebuild the application as they ship it?  Yes, or no.
  *all* the source code.  If no, then they have sold products.  While I
 am not a lawyer, obviously, this is pretty straitforward in a case of
 blatant repackaging and re-branding.

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread Arnt Karlsen
On Sat, 22 Nov 2008 16:54:34 +0100, Melchior wrote in message 
[EMAIL PROTECTED]:

 * James Sleeman -- Saturday 22 November 2008:
  I think while an ethical debate is good, perhaps flightgear-devel
  isn't the place really, [...]
 
 Don't worry, flightgear-devel is the right place for that. This
 is very much on-topic. And I don't take orders about what I
 write about, except from Curt. I've already stopped posting
 to the forum after the self-proclaimed forum police tried
 to tell me what I should write about and what not. This doesn't
 work here, as long as I'm flightgear developer. Once I've
 turned into a mere lurker -- and this will certainly happen
 at some time --, I'll shut up.
 
 
  perhaps the simplest means of resolution would be for the
  infringing party to take down the screen shots, take their
  own screen shots, and apologise for the mistake. 
 
 Agreed.  :-)

..under GPLv2, they _also_ need to ask _every_ copyright owner
violated, for a _new_ _explicit_ permission to distribute.
GPLv3 is more lenient, here you must just comply. 

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;o)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-22 Thread James Sleeman
Arnt Karlsen wrote:

 perhaps the simplest means of resolution would be for the infringing party 
 to take down the screen shots, take their
 own screen shots, and apologise for the mistake. 
   
 Agreed.  :-)
 
 ..under GPLv2, they _also_ need to ask _every_ copyright owner
 violated, for a _new_ _explicit_ permission to distribute.
 GPLv3 is more lenient, here you must just comply. 
   
Hmm, I'm not sure why you are bringing the GPL to the screen shot 
discussion...

We know that:
The screen shots are not GPL.
The code is GPL.
The subject has infringed the copyright of the screen shots.
They claim they have not infringed the terms of the GPL.

No other license has been given for the screen shots, the GPL does not 
apply to them.  The GPL does still stand for the code itself and the 
person infringing the screen shot copyrights can continue to distribute 
the code under GPL without seeking further permission to do so, so long 
as they meet the GPL conditions for the code which is licensed under the 
GPL.

This of course does not change the fact that in order to use a screen 
shot one must obtain permission from the copyright holder of that image 
-- or cease to use the image and beg forgiveness, which is probably the 
much more likely solution than getting permission.

---
James Sleeman


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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-21 Thread Arnt Karlsen
On Fri, 21 Nov 2008 02:25:22 -0500, Matthew wrote in message 
[EMAIL PROTECTED]:

 Comments within.  (I am personally uncomfortable including the GPL
 violations people until we have a clear direction from the leadership
 of the flightgear project as to the direction the project would like
 to go).

..ok, this far I have found a fake physical address, suggesting my
suspicion is confirmable.  So I cc.

..unless New Zealand allow a fake address, a fake company, a fake
name etc, these are illegally registred web sites. 


 On Fri, Nov 21, 2008 at 1:49 AM, Arnt Karlsen [EMAIL PROTECTED] wrote:
 
  Hi,
  ...
 
   Still, the question is if this company is violating the GPL.  We
   have no proof of that.
 
  ..I'm checking my wee mirrors to find out.  ;o)
 
 
 The GPL can only be violated when they distribute the software.  Their
 website doesn't entail them distributing.  Action can only be taken
 if there is a clear  violation (ie: they distribute a flightgear
 derived product without an offer of distributing source.  Who knows,
 they may include the source in the DVD or CD that they ship.
 
 I personally don't want to charge forward and claim a violation when
 nothing has been distributed.

..well maybe you don't have to ;o), there's 7Zip, Wesnoth etc at
http://www.idbproductions.com/Products/ all rather strongly suggesting 
at least a conspiracy to commit software piracy, rather than lawful
distribution under the GPL.  So, I am not worried about defending my
suspicions in courts. ;o)


  (The gpl-violations.org guys go after people who
  are not honoring the release of source for both distributed and
  derived works - typically in embedded systems.  Usually they settle
  when the company honors the GPL and provides source or stops
  distributing the offending product.)
 
 ..aye, this means they have valuable experience
  and can guide us. ;o)
 
   At this stage it appears that they are simply selling a binary
   distribution of a set of OSS applications.
 
  ..then, in good faith, they shouldn't mind saying so.
  My opinion now is, these people are common criminals,
  or a tSCOG-style Microsoft proxy team.
  http://gpl-violations.org/faq/violation-faq.html
  http://gpl-violations.org/faq/legal-faq.html
  http://gpl-violations.org/faq/sourcecode-faq.html
  http://gpl-violations.org/faq/vendor-faq.html
 
 
 
 But they do say that - http://flight-aviator.com/
 
 ===
 [image: flight]Based on the award winning Flight Gear project
 
 [image: flight]All from the thriving Open Source Community, this sim
 is forever changing
 
 ===

..but _no_ mention of _which_ license.
 
   As mentioned before, ethics or questionable business practices
   aside, we need to focus on what they are actually violating.
   Even the wikipedia screen shots are licensed under the GPL can be
   re-used freely.
 
  ..aye.  Removals of FlightGear.org and GPL etc around
  these screen shots, would prove a few things though. ;o)
 
 
 I don't see what you are saying.  The screenshots don't seem to be
 trimmed - beyond a possible crop here or there.

..we shall see.  ;o)

 http://www.flight-aviator.com/images/fps/multiplayer-map.jpg as well
 as http://www.flight-aviator.com/images/getstart11x.jpg don't seem to
 be hiding it from being (or being derived from flightgear).  The lack
 of attribution is not quite nice, but is a common mistake.

.._active_ removal takes it that one step further. ;o)

 Again, if the flightgear leadership, or the creators (and hence
 copyright owners) of the images have particular concern then that can
 put forward when a direction is chosen.

..this is not just us (FG).
 
  ..and keep in mind, top posting is not quite comme-il-feaut
  at [EMAIL PROTECTED] ;o)
 
 
 I understand, but the google mobile client provides no options to
 inline quote or bottom quote.   (I would actually expect that from a
 legal perspective a top-posted email thread is far more valuable than
 a inline posted... But that is a different discussion.  :)
 
..in those cases we have real mail clients that can handle mail list
threads in a manner convenient for litigation discovery. ;o)
 
 Please note that I am not saying take no action, I am just saying
 take a few days to gather what each copyright owner who is impacted
 wants and ensure a plan is prepared before taking action.
 
 Remember, the emotive aspect - although it is real and affects people
 personally - should not be the prime driver for individuals.  The
 legal framework that each person has implicitly or explicitly has
 agreed to is what should be driven.   (I had a long discussion with
 some people from Creative Commons that people should also be made
 aware of what they are giving up.  If you CC-Share Alike an image,
 and then see that image being used to promote something you
 personally find distasteful - have given up your right to control
 what the downstream person does with the image.  You have no
 fundamental recourse unless the downstream restricts other people
 from the Share 

Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-21 Thread James Sleeman
Arnt Karlsen wrote:
 ..ok, this far I have found a fake physical address, suggesting my
 suspicion is confirmable.  So I cc.

 ..unless New Zealand allow a fake address, a fake company, a fake
 name etc, these are illegally registred web sites. 
   
Are we taking about whois data Arnt?  The whois data on the domains 
seems to be sensible to me, infact, it's about 3 KM as the Cub flys from 
my own house in Hoon Hay.   He is very nearby to a  very historic 
airfield which is sadly going to close in a couple of months forever to 
be made into housing by the landowners :-(

I have noticed this rebranding of FG for sale on the dominant auction 
site here in NZ for quite a long time, but never really felt concerned 
by it  -  
http://www.trademe.co.nz/Gaming/PC-games/Simulation/auction-188794636.htm

Now I look, the trademe username is casey-a from Christchurch, the 
whois data for the domain indicates this is Mr Andrew Casey of that 
address.  Phone number etc is in the whois.  I won't post it here for 
respect.

The whois on flight-aviator.com and idbproductions.com match up.  The 
whois on idb.net.nz doesn't quite, but could just be an work address, 
it's not very far away.

The company name in the whois KcKpers Ltd is a legitimate company, and 
the Director's address agrees with the whois on the .com domains, you 
can search the company at www.companies.govt.nz .  Mr Casey is the only 
shareholder (nothing sinister in that, common practice).  The company 
was incorporated in 2002, and Mr Casey was he who did that incorporation 
and had the same Wigram address at the time.

I don't see any fakeness Arnt?  Or have I missed half of a conversation 
somewhere?

---
James Sleeman


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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-21 Thread Matthew Tippett
Okay.

So, let's look at what actions should be taken.  Given that I am not a
copyright owner, I have nothing at stake beyond community membership.

Regarding the images. We now sufficient information for individuals to
assert their copyright on the individual using them.

Regarding flightgear, I am still trying to connect the dots on how we
can be sure there is a GPL violation.

Arnt,

Can you describe which parts of the GPL you believe he is violating?
Since this list is a public record, I would like to stay away from
potentially libelous claims, and stick to verifiable facts.  Also,
what would your expectation be for any action.

There is no morality or advertising clause in the GPL, and almost all
of the rights conferred by the GPL are really oriented towards
distribution - of which no one has been a recipient.

Realistically, if he ships the source on CD, I don't think there is
any wrongdoing from flightgear's perspective.

Regards... Matthew


Regards... Matthew




On 11/21/08, James Sleeman [EMAIL PROTECTED] wrote:
 Arnt Karlsen wrote:
 ..ok, this far I have found a fake physical address, suggesting my
 suspicion is confirmable.  So I cc.

 ..unless New Zealand allow a fake address, a fake company, a fake
 name etc, these are illegally registred web sites.

 Are we taking about whois data Arnt?  The whois data on the domains
 seems to be sensible to me, infact, it's about 3 KM as the Cub flys from
 my own house in Hoon Hay.   He is very nearby to a  very historic
 airfield which is sadly going to close in a couple of months forever to
 be made into housing by the landowners :-(

 I have noticed this rebranding of FG for sale on the dominant auction
 site here in NZ for quite a long time, but never really felt concerned
 by it  -
 http://www.trademe.co.nz/Gaming/PC-games/Simulation/auction-188794636.htm

 Now I look, the trademe username is casey-a from Christchurch, the
 whois data for the domain indicates this is Mr Andrew Casey of that
 address.  Phone number etc is in the whois.  I won't post it here for
 respect.

 The whois on flight-aviator.com and idbproductions.com match up.  The
 whois on idb.net.nz doesn't quite, but could just be an work address,
 it's not very far away.

 The company name in the whois KcKpers Ltd is a legitimate company, and
 the Director's address agrees with the whois on the .com domains, you
 can search the company at www.companies.govt.nz .  Mr Casey is the only
 shareholder (nothing sinister in that, common practice).  The company
 was incorporated in 2002, and Mr Casey was he who did that incorporation
 and had the same Wigram address at the time.

 I don't see any fakeness Arnt?  Or have I missed half of a conversation
 somewhere?

 ---
 James Sleeman


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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-21 Thread Christian Mayer
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA256

If we add a little lable / watermark on all screenshots on the homepage
with http://www.flightgear.org/; (or one of our logos...) it makes
reusing them much more difficult... Perhaps adding a copyright statement
as well would be even better.

This doesn't prevent any copying - but it might stop any accidental
reuse...

Stuart Buchanan schrieb:
 --- On Thu, 20/11/08, Curtis Olson wrote:
 Someone pointed out this site to me.  It probably falls into
 the category of just barely ok, but I thought I'd post the link 
 here to get some more eyes on it.

 http://flight-aviator.com/

 
 One way to discourage this sort of thing would be to include 
 www.flightgear.org prominently in the startup screens, in the 
 same way that we include initializing sub-systems, 
 initializing scenery.
 
 Possibly with an added message along the lines of Welcome to FlightGear, the 
 free open source flight simulator.
 
 That would force the rip-off merchants to at least compile the code, 
 rather than simply replacing some .pngs!
 
 -Stuart
 
 
   
 
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-BEGIN PGP SIGNATURE-
Version: GnuPG v1.4.9 (GNU/Linux)

iEYEAREIAAYFAkknR8cACgkQoWM1JLkHou2GtwCfU05asnlTCReczaSNAnUtRJHW
uRsAnjNeZBWnI6kzGOoaqlDkMbc41Anm
=Yrun
-END PGP SIGNATURE-

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-21 Thread James Sleeman
Matthew Tippett wrote:
 So, let's look at what actions should be taken.  Given that I am not a
 copyright owner, I have nothing at stake beyond community membership.
I think everybody is jumping to conclusions without any actual 
information, we need to first hear from Mr Casey.

I have now sent an email to Mr Casey inviting him to present his side of 
the story here on the developers list and offering my personal 
assistance in helping him assure the developers that he is compliant 
with the GPL (yes I'm giving the benefit of the doubt) as an independant 
user who just happens to live nearby to him.




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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-21 Thread James Sleeman
James Sleeman wrote:
 I have now sent an email to Mr Casey inviting him to present his side 
 of the story here on the developers list and offering my personal


Mr Casey has already quickly replied to my email and indicates he will 
take a look at this thread.  He indicates he is following the GPL and 
sounds happy to confirm this with the developers, so hopefully he will 
contribute to the discussion soon and any issues arising can be amicably 
resolved.


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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-21 Thread Arnt Karlsen
On Fri, 21 Nov 2008 09:16:25 -0500, Matthew wrote in message 
[EMAIL PROTECTED]:

 Okay.
 
 So, let's look at what actions should be taken.  Given that I am not a
 copyright owner, I have nothing at stake beyond community membership.

..me neither.  ;o)

..but the copyright owners here and at 7Zip, Audacity, Wesnoth etc down 
http://www.idbproductions.com/Products/ ,  might want to know, so I Bcc
them, and cc to [EMAIL PROTECTED]  
Maybe talk PJ into doing an article on http://groklaw.net/ ?

 Regarding the images. We now sufficient information for individuals to
 assert their copyright on the individual using them.

..I do not understand what you are trying to say here.  Try again, 
you must have left something important out of your statement above.

..if you meant to say: Regarding the images. We now have sufficient
information for individuals to assert their copyright on the individual
using them., then good, I would agree.

 Regarding flightgear, I am still trying to connect the dots on how we
 can be sure there is a GPL violation.

..aye, first I'd like to carry on find and verify such verifiable
facts. 

 Arnt,
 
 Can you describe which parts of the GPL you believe he is violating?

..not yet, first I look for facts.  Facts we need to know, includes
under which license each picture and each documentation document has
been published.  I guess the guys behind 7Zip, Audacity, Wesnoth etc
down http://www.idbproductions.com/Products/ , would want the same.

 Since this list is a public record, I would like to stay away from
 potentially libelous claims, and stick to verifiable facts.  Also,
 what would your expectation be for any action.

..first find the facts, then confront these people with 
the facts and the license that walks away on violations 
and leaves them at the mercy of the teeth of the law. ;o)

 There is no morality or advertising clause in the GPL, and almost all
 of the rights conferred by the GPL are really oriented towards
 distribution - 

..correct.

 of which no one has been a recipient.

..this _may_ be a possible verifiable fact, but you state 
it _as_ a fact, do you in fact _know_ it to be a fact?

..these websites has lots of statements from what I understand is
alleged satisfied recipients, suggesting both GPL violations and
fraudulent marketing.

 Realistically, if he ships the source on CD, I don't think there is
 any wrongdoing from flightgear's perspective.

..realistically, whenever I see such massive rebranding
activity on graphic etc binaries, I expect to find some. ;o)

 Regards... Matthew
 
 
 Regards... Matthew
 
 
 
 
 On 11/21/08, James Sleeman [EMAIL PROTECTED] wrote:
  Arnt Karlsen wrote:
  ..ok, this far I have found a fake physical address, suggesting my
  suspicion is confirmable.  So I cc.
 
  ..unless New Zealand allow a fake address, a fake company, a fake
  name etc, these are illegally registred web sites.
 
  Are we taking about whois data Arnt?  The whois data on the domains
  seems to be sensible to me, infact, it's about 3 KM as the Cub flys
  from my own house in Hoon Hay.   He is very nearby to a  very

..excellent, then you would be in an excellent position to verify 
there indeed _is_ a house at 5A Jasmine Place?  Pictures? 
I found none and said so.

  historic airfield which is sadly going to close in a couple of
  months forever to be made into housing by the landowners :-(

..you could try FUD them away from your airfield?  
Finance crisis and all?  Wait and see!? ;o)

  I have noticed this rebranding of FG for sale on the dominant
  auction site here in NZ for quite a long time, but never really
  felt concerned by it  -

..you should have, the bad guys try to undermine the GPL and copyright
e.g. thru software piracy and by establishing an established practice
to form case law.  This is a long term strategy and they have deep
pocket and when exposed, they try to intimidate their way out of it
with e.g. subtle litigation FUD.  ;o)  Check http://groklaw.net/ ;o)

  http://www.trademe.co.nz/Gaming/PC-games/Simulation/auction-188794636.htm
 
  Now I look, the trademe username is casey-a from Christchurch, the
  whois data for the domain indicates this is Mr Andrew Casey of that
  address.  Phone number etc is in the whois.  I won't post it here
  for respect.

..respect for who?

..assuming you respect the copyright holders of FlightGear, 7Zip,
Audacity, Wesnoth etc down www.idbproductions.com/Products/ way,
then maybe you could mail it so we can help check it all out? 

  The whois on flight-aviator.com and idbproductions.com match up.
  The whois on idb.net.nz doesn't quite, but could just be an work
  address, it's not very far away.

..sounds reasonable, it's 7.1 km – about 18 mins according to:

Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-21 Thread James Sleeman
Arnt Karlsen wrote:
 ..excellent, then you would be in an excellent position to verify 
 there indeed _is_ a house [...] I found none and said so.
   
Err, you can see it yourself, at least the roof... if you look on Google 
maps, click Map view, type in the address.  It will show you the house 
section numbered 5A slightly to the left and down from where Google puts 
the marker, put your finger on the section, now click Satellite view, it 
will show you the house.  It's a back section with a grey roof.  Got to 
love the eye in the sky.

 ..respect for who?
   
Well I think it's just rude to post such personal details on public 
lists, sure it's available elsewhere I guess (whois) but still, I don't 
personally feel comfortable in posting such information.

 ..I certainly missed _your_ half of this conversation, 
 _did_ you try post this to FG-dev or 
   
Eh? You've lost me here. I posted only to FG-dev.


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[Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Curtis Olson
Someone pointed out this site to me.  It probably falls into the category of
just barely ok, but I thought I'd post the link here to get some more eyes
on it.

http://flight-aviator.com/

Best regards,

Curt.
-- 
Curtis Olson: http://baron.flightgear.org/~curt/
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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Heiko Schulz

 Someone pointed out this site to me.  It probably falls into
 the category of
 just barely ok, but I thought I'd post the link here to
 get some more eyes
 on it.
 
 http://flight-aviator.com/
 
 Best regards,
 
 Curt.
 -- 
 Curtis Olson: http://baron.flightgear.org/~curt/
 -

Well:


--Flight-Aviator.com acknowledges that there may be an undisclosed amount of 
the pictures and / or other content found on this site that are not property of 
Flight-Aviator.com.  If you feel you own one of these pictures and / or 
content, feel free to contact us at through our site.  We will either remove 
the photo(s)and / or content or add credits

I can't remember that I had given them the pictures I made- why I can see them 
on their site?

The thing I really hate is, hat they earn money with our work!
But tats our licence, I know...

Cheers
HHS


  

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Stuart Buchanan
--- On Thu, 20/11/08, Curtis Olson wrote:
 Someone pointed out this site to me.  It probably falls into
 the category of just barely ok, but I thought I'd post the link 
 here to get some more eyes on it.
 
 http://flight-aviator.com/
 

One way to discourage this sort of thing would be to include 
www.flightgear.org prominently in the startup screens, in the 
same way that we include initializing sub-systems, 
initializing scenery.

Possibly with an added message along the lines of Welcome to FlightGear, the 
free open source flight simulator.

That would force the rip-off merchants to at least compile the code, 
rather than simply replacing some .pngs!

-Stuart


  

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread LeeE
On Thursday 20 November 2008, Curtis Olson wrote:
 Someone pointed out this site to me.  It probably falls into the
 category of just barely ok, but I thought I'd post the link here
 to get some more eyes on it.

 http://flight-aviator.com/

 Best regards,

 Curt.

One clear issue: I could find no reference to source code 
availability on that web-site.  Possible second issue:  Does the 
GPL require that GPL'd works are identified as such?

The first issue is a requirement of the GPL, but I'm not sure if 
GPL'd works need to be identified as such when being redistributed.

One of the recognised FG project team members _needs_ to get clear 
legal advice regarding this sort of issue.  It keeps cropping up 
and each time it happens no one has a definitive answer to it and 
it leaves people running around like offended headless chickens.

The GPL specifically allows redistribution of GPL'd works, and for 
profit - the only real issue here is whether this distribution 
conforms to the requirements of the GPL.  It's got people in a flap 
too many times already - don't guess - find out.

LeeE

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Tatsuhiro Nishioka
On Nov 21, 2008, at 7:49 AM, Stuart Buchanan [EMAIL PROTECTED] 
  wrote:


 One way to discourage this sort of thing would be to include 
 www.flightgear.org 
  prominently in the startup screens, in the
 same way that we include initializing sub-systems,
 initializing scenery.

They might replace the string with binary editor. Encoding a massage  
in some way can be good against such case, maybe not enough but it is  
a bit hard to find a way to crack it.

 Possibly with an added message along the lines of Welcome to  
 FlightGear, the free open source flight simulator.

 That would force the rip-off merchants to at least compile the code,
 rather than simply replacing some .pngs!

We can also hardcore some small image (probably with a checksum  
validation) showing such message on or next to splash image. This way  
it may take a while to modify it even they can get source code.

But I think there was some discussion on similar idea but not  
implemented yet, so this probably is not a suitable idea.

Maybe a good combination of obfuscation and clear message without  
messing code is a good idea.

Tat

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Matthew Tippett
A quick review of the site doesn't indicate they are doing anything
fundamentally wrong.  The acknowledge that it is derived from Flight
Gear and that FG is an Open Source project.

I am not saying that the way they are presenting it is a nice way to
do it.  But it is not fundamentally different than what most of the
for-profit distribution vendors do when they create a binary distro.

The key differentiator of the 'correctness' of what they are doing is
if they are not distributing the code - if requested.  Or if they are
enhancing the source but not distributing it.

A polite email from a potential customer asking if the source is
available since it is Open Source should clear that concern up.
Regarding the use of screenshots, wikipedia seems to always claim
'fair use' for using screenshots to discuss software, but again if as
a creator of a screenshot you haven't explicitly declared a license,
then a simple request should clean that up too.

I am willing to attempt to contact them as an individual to get some
more information if people are interested.

Regards... Matthew


On 11/20/08, Tatsuhiro Nishioka [EMAIL PROTECTED] wrote:
 On Nov 21, 2008, at 7:49 AM, Stuart Buchanan [EMAIL PROTECTED]
   wrote:


 One way to discourage this sort of thing would be to include
 www.flightgear.org
  prominently in the startup screens, in the
 same way that we include initializing sub-systems,
 initializing scenery.

 They might replace the string with binary editor. Encoding a massage
 in some way can be good against such case, maybe not enough but it is
 a bit hard to find a way to crack it.

 Possibly with an added message along the lines of Welcome to
 FlightGear, the free open source flight simulator.

 That would force the rip-off merchants to at least compile the code,
 rather than simply replacing some .pngs!

 We can also hardcore some small image (probably with a checksum
 validation) showing such message on or next to splash image. This way
 it may take a while to modify it even they can get source code.

 But I think there was some discussion on similar idea but not
 implemented yet, so this probably is not a suitable idea.

 Maybe a good combination of obfuscation and clear message without
 messing code is a good idea.

 Tat

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Matthew Tippett
One thing to be *very* careful of is assuming that flightgear has some
absolute right to control what happens downstream.  If this company is
honoring it's responsibilities under the GPL, there is nothing that
the FG community can do to prevent it happening.

The GPL enshrines those rights to the recipient, and by extension you
give up the right of control as an author when you allow code to be
distributed under the GPL.

The main thing that the GPL prevents is 'flightsimpro' creating a
flightsim that has unique features and linking it into the the main
binary and preventing the release of that. But if the developer is
keeping their stuff separate (say an advanced-clean room
implementation of terrasync using different scenery, or a bridge to a
different flight sim network), again they have done nothing wrong by
the GPL (distribution of aggregations is a confusing area).

Contact with this company would clarify most of this quickly.

(A parasite isn't always violating the GPL - a lot of X and kernel
developers call Ubuntu a parasite since they don't contribute a
proportional amount upstream.)

Regards... Matthew


On 11/20/08, Stuart Buchanan [EMAIL PROTECTED] wrote:
 --- On Thu, 20/11/08, Curtis Olson wrote:
 Someone pointed out this site to me.  It probably falls into
 the category of just barely ok, but I thought I'd post the link
 here to get some more eyes on it.

 http://flight-aviator.com/


 One way to discourage this sort of thing would be to include
 www.flightgear.org prominently in the startup screens, in the
 same way that we include initializing sub-systems,
 initializing scenery.

 Possibly with an added message along the lines of Welcome to FlightGear,
 the free open source flight simulator.

 That would force the rip-off merchants to at least compile the code,
 rather than simply replacing some .pngs!

 -Stuart




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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Tatsuhiro Nishioka
Hi,

For clarifying my position, I don't care if they sell flightfear. But  
I do care if that affects our project in either technically or  
emotionally. According to some threads or posts in the list and the  
forum, it seems that many developers and users do not like the current  
situation.

I guess the problem is they don't make any communication with us  
including contribution. I do welcome some third parties sell  
flightgear if they are friendly and hopefully make a contribution.  
Needless to say they need to observe the GPL thingies.

You can pack everything into either DVD or thumb drive and sell it as  
long as it doesn't brake any legal issue.

But... For me it's more on human relation issue. As long as they are  
friendly and actively open to us, then we can collaborate and make  
flightfear better from both open source and bussiness aspects.

I think there is still much room in improving the usability,  
functionality, and quality of flightgear. If marchants can collect  
such needs and give some offers and feedback (preferably in  
implementation, but just an idea is OK) to flightgear community,  
that'll be super good.

Look forward to seeing reply from them,

Tat

p.s.
Sorry for full quote. I'm writing on iPhone. this fun tool is missing  
copy-past and cut-paste things.

On Nov 21, 2008, at 10:16 AM, Matthew Tippett [EMAIL PROTECTED]  
wrote:

 One thing to be *very* careful of is assuming that flightgear has some
 absolute right to control what happens downstream.  If this company is
 honoring it's responsibilities under the GPL, there is nothing that
 the FG community can do to prevent it happening.

 The GPL enshrines those rights to the recipient, and by extension you
 give up the right of control as an author when you allow code to be
 distributed under the GPL.

 The main thing that the GPL prevents is 'flightsimpro' creating a
 flightsim that has unique features and linking it into the the main
 binary and preventing the release of that. But if the developer is
 keeping their stuff separate (say an advanced-clean room
 implementation of terrasync using different scenery, or a bridge to a
 different flight sim network), again they have done nothing wrong by
 the GPL (distribution of aggregations is a confusing area).

 Contact with this company would clarify most of this quickly.

 (A parasite isn't always violating the GPL - a lot of X and kernel
 developers call Ubuntu a parasite since they don't contribute a
 proportional amount upstream.)

 Regards... Matthew


 On 11/20/08, Stuart Buchanan [EMAIL PROTECTED] wrote:
 --- On Thu, 20/11/08, Curtis Olson wrote:
 Someone pointed out this site to me.  It probably falls into
 the category of just barely ok, but I thought I'd post the link
 here to get some more eyes on it.

http://flight-aviator.com/


 One way to discourage this sort of thing would be to include
 www.flightgear.org prominently in the startup screens, in the
 same way that we include initializing sub-systems,
 initializing scenery.

 Possibly with an added message along the lines of Welcome to  
 FlightGear,
 the free open source flight simulator.

 That would force the rip-off merchants to at least compile the code,
 rather than simply replacing some .pngs!

 -Stuart




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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Csaba Halász
They use our screenshots, not even taking the time to make their own.
I wonder what licensing applies to them?
The mac version advertised on ebay also uses our screenshots, but with
their copyright message! That smells illegal to me...

And if you look closely, you can find this gem: Box is illustrative
only and NOT included. Other than the images, I don't think they are
doing illegal stuff, just unethical. They could at least ship full
world scenery, but not even a box? I can only guess what kind of
support they provide...

They seem to offer 60 days money back guarantee, so if we can inform
people within that period, they could ask for a refund.
To that end, we could put up a general notice to our home page, the mp
map and the forums.

-- 
Csaba/Jester

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Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Arnt Karlsen
On Thu, 20 Nov 2008 20:11:27 -0700, Ron wrote in message 
[EMAIL PROTECTED]:

 On Thu, 2008-11-20 at 15:43 -0600, Curtis Olson wrote:
  Someone pointed out this site to me.  It probably falls into the
  category of just barely ok, but I thought I'd post the link here to
  get some more eyes on it.
  
  http://flight-aviator.com/
  
  Best regards,
  
  Curt.
  -- 
 
 
 http://www.idbproductions.com/Products/FlightProSim/original/FlightGear%
 20Flight%20Simulator.htm
 
 They're mirroring the home page for us...

..how nice. ;o)  
And it's not only us: http://idbproductions.com/catalog/ 
and http://www.idbproductions.com/Products/ ...
I shall be _really_ intrigued to hear _this_ story. ;o)

..and I think this story belongs here http://groklaw.net/
and here: http://gpl-violations.org/mailinglists.html . 

..same people:
[EMAIL PROTECTED]:~/0a16 $ jwhois idbproductions.com 
[Querying whois.verisign-grs.com]
[Redirected to whois.godaddy.com]
[Querying whois.godaddy.com]
[whois.godaddy.com]
The data contained in GoDaddy.com, Inc.'s WhoIs database,
while believed by the company to be reliable, is provided as is
with no guarantee or warranties regarding its accuracy.  This
information is provided for the sole purpose of assisting you
in obtaining information about domain name registration records.
Any use of this data for any other purpose is expressly forbidden
without the prior written permission of GoDaddy.com, Inc.  By
submitting an inquiry, you agree to these terms of usage and
limitations of warranty.  In particular, you agree not to use this data
to allow, enable, or otherwise make possible, dissemination or
collection of this data, in part or in its entirety, for any purpose,
such as the transmission of unsolicited advertising and and
solicitations of any kind, including spam.  You further agree not to
use this data to enable high volume, automated or robotic electronic
processes designed to collect or compile this data for any purpose,
including mining this data for your own personal or commercial purposes.

Please note: the registrant of the domain name is specified
in the registrant field.  In most cases, GoDaddy.com, Inc.
is not the registrant of domain names listed in this database.


Registrant:
   KcKpers Ltd
   5a Jasmine place
   Wigram
   Christchurch, Canterbury 8004
   New Zealand

   Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
   Domain Name: IDBPRODUCTIONS.COM
  Created on: 27-Aug-07
  Expires on: 28-Aug-10
  Last Updated on: 27-Aug-07

   Administrative Contact:
  Casey, Andrew  [EMAIL PROTECTED]
  KcKpers Ltd
  5a Jasmine place
  Wigram
  Christchurch, Canterbury 8004
  New Zealand
  0211863057  Fax --

   Technical Contact:
  Casey, Andrew  [EMAIL PROTECTED]
  KcKpers Ltd
  5a Jasmine place
  Wigram
  Christchurch, Canterbury 8004
  New Zealand
  0211863057  Fax --

   Domain servers in listed order:
  NS1.SWIFTCO.NET
  NS2.SWIFTCO.NET

[EMAIL PROTECTED]:~/0a16 $
[EMAIL PROTECTED]:~/0a16 $ jwhois flight-aviator.com
[Cached]
[whois.godaddy.com]
The data contained in GoDaddy.com, Inc.'s WhoIs database,
while believed by the company to be reliable, is provided as is
with no guarantee or warranties regarding its accuracy.  This
information is provided for the sole purpose of assisting you
in obtaining information about domain name registration records.
Any use of this data for any other purpose is expressly forbidden
without the prior written permission of GoDaddy.com, Inc.  By
submitting an inquiry, you agree to these terms of usage and
limitations of warranty.  In particular, you agree not to use this data
to allow, enable, or otherwise make possible, dissemination or
collection of this data, in part or in its entirety, for any purpose,
such as the transmission of unsolicited advertising and and
solicitations of any kind, including spam.  You further agree not to
use this data to enable high volume, automated or robotic electronic
processes designed to collect or compile this data for any purpose,
including mining this data for your own personal or commercial purposes.

Please note: the registrant of the domain name is specified
in the registrant field.  In most cases, GoDaddy.com, Inc.
is not the registrant of domain names listed in this database.


Registrant:
   KcKpers Ltd
   5a Jasmine place
   Wigram
   Christchurch, Canterbury 8004
   New Zealand

   Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
   Domain Name: FLIGHT-AVIATOR.COM
  Created on: 25-Aug-08
  Expires on: 26-Aug-10
  Last Updated on: 25-Aug-08

   Administrative Contact:
  Casey, Andrew  [EMAIL PROTECTED]
  KcKpers Ltd
  5a Jasmine place
  Wigram
  Christchurch, Canterbury 8004
  New Zealand
  (021) 186-3057  Fax --

   Technical Contact:
  Casey, Andrew  [EMAIL PROTECTED]
  KcKpers Ltd
  5a Jasmine place
  Wigram
  Christchurch, 

Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Arnt Karlsen
On Thu, 20 Nov 2008 22:37:18 -0500, Matthew wrote in message 
[EMAIL PROTECTED]:

 Unfortunately, the GPL doesn't account for emotion.  For those who
 have met RMS, interpersonal relationships don't really fit...  Certain
 rights are gained, others are given up.
 
 The best we can hope for is that they are interested in being a part
 of a community, the worst we should expect is that they add no value
 and sell it as a package.

..in this case I think we have an excellent opportunity to stand up 
for the GPL by enforcing it, copyright law and criminal law. ;o)

 I don't believe that FG I structured in a way to be able to receive
 funds as an organization, and consequently we can only hope that they
 will be a good community member and sponsor and assist where they can.
 
 If people want me to slueth around and find some more info and

..by all means go ahead. ;o)

 possibly reach out, please advise.

..here I'd like the copyright owners to weigh in, me, I recommend 
hiring a lawyer for this job, to make sure we get it _right_. ;o)

..given http://www.idbproductions.com/Products/ and
http://idbproductions.com/catalog/ this is _not_ just us, so I'd
have Harald Welte and the guys at http://gpl-violations.org/ 
weigh in with advice on how to proceed.  I cc this there.

..playing with dig, jwhois and a web browser and the 
names I find, it's _amazing_ how I get thrown back to: 
http://idbproductions.com/catalog/  ;o)

 Regards... Matthew
 
 
 On 11/20/08, Tatsuhiro Nishioka [EMAIL PROTECTED] wrote:
  Hi,
 
  For clarifying my position, I don't care if they sell flightfear.
  But I do care if that affects our project in either technically or
  emotionally. According to some threads or posts in the list and the
  forum, it seems that many developers and users do not like the
  current situation.
 
  I guess the problem is they don't make any communication with us
  including contribution. I do welcome some third parties sell
  flightgear if they are friendly and hopefully make a contribution.
  Needless to say they need to observe the GPL thingies.
 
  You can pack everything into either DVD or thumb drive and sell it
  as long as it doesn't brake any legal issue.
 
  But... For me it's more on human relation issue. As long as they are
  friendly and actively open to us, then we can collaborate and make
  flightfear better from both open source and bussiness aspects.
 
  I think there is still much room in improving the usability,
  functionality, and quality of flightgear. If marchants can collect
  such needs and give some offers and feedback (preferably in
  implementation, but just an idea is OK) to flightgear community,
  that'll be super good.
 
  Look forward to seeing reply from them,
 
  Tat
 
  p.s.
  Sorry for full quote. I'm writing on iPhone. this fun tool is
  missing copy-past and cut-paste things.
 
  On Nov 21, 2008, at 10:16 AM, Matthew Tippett [EMAIL PROTECTED]
  wrote:
 
  One thing to be *very* careful of is assuming that flightgear has
  some absolute right to control what happens downstream.  If this
  company is honoring it's responsibilities under the GPL, there is
  nothing that the FG community can do to prevent it happening.
 
  The GPL enshrines those rights to the recipient, and by extension
  you give up the right of control as an author when you allow code
  to be distributed under the GPL.
 
  The main thing that the GPL prevents is 'flightsimpro' creating a
  flightsim that has unique features and linking it into the the main
  binary and preventing the release of that. But if the developer is
  keeping their stuff separate (say an advanced-clean room
  implementation of terrasync using different scenery, or a bridge
  to a different flight sim network), again they have done nothing
  wrong by the GPL (distribution of aggregations is a confusing
  area).
 
  Contact with this company would clarify most of this quickly.
 
  (A parasite isn't always violating the GPL - a lot of X and kernel
  developers call Ubuntu a parasite since they don't contribute a
  proportional amount upstream.)
 
  Regards... Matthew
 
 
  On 11/20/08, Stuart Buchanan [EMAIL PROTECTED] wrote:
  --- On Thu, 20/11/08, Curtis Olson wrote:
  Someone pointed out this site to me.  It probably falls into
  the category of just barely ok, but I thought I'd post the link
  here to get some more eyes on it.
 
 http://flight-aviator.com/
 
 
  One way to discourage this sort of thing would be to include
  www.flightgear.org prominently in the startup screens, in the
  same way that we include initializing sub-systems,
  initializing scenery.
 
  Possibly with an added message along the lines of Welcome to
  FlightGear,
  the free open source flight simulator.
 
  That would force the rip-off merchants to at least compile the
  code, rather than simply replacing some .pngs!
 
  -Stuart
 
 
 
 
  ---
  ---
  ---
  This SF.Net email is sponsored by 

Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Matthew Tippett
Still, the question is if this company is violating the GPL.  We have
no proof of that.  (The gpl-violations.org guys go after people who
are not honoring the release of source for both distributed and
derived works - typically in embedded systems.  Usually they settle
when the company honors the GPL and provides source or stops
distributing the offending product.)

At this stage it appears that they are simply selling a binary
distribution of a set of OSS applications.

As mentioned before, ethics or questionable business practices aside,
we need to focus on what they are actually violating.  Even the
wikipedia screen shots are licensed under the GPL can be re-used
freely.

Regards... Matthew






On 11/21/08, Arnt Karlsen [EMAIL PROTECTED] wrote:
 On Thu, 20 Nov 2008 22:37:18 -0500, Matthew wrote in message
 [EMAIL PROTECTED]:

 Unfortunately, the GPL doesn't account for emotion.  For those who
 have met RMS, interpersonal relationships don't really fit...  Certain
 rights are gained, others are given up.

 The best we can hope for is that they are interested in being a part
 of a community, the worst we should expect is that they add no value
 and sell it as a package.

 ..in this case I think we have an excellent opportunity to stand up
 for the GPL by enforcing it, copyright law and criminal law. ;o)

 I don't believe that FG I structured in a way to be able to receive
 funds as an organization, and consequently we can only hope that they
 will be a good community member and sponsor and assist where they can.

 If people want me to slueth around and find some more info and

 ..by all means go ahead. ;o)

 possibly reach out, please advise.

 ..here I'd like the copyright owners to weigh in, me, I recommend
 hiring a lawyer for this job, to make sure we get it _right_. ;o)

 ..given http://www.idbproductions.com/Products/ and
 http://idbproductions.com/catalog/ this is _not_ just us, so I'd
 have Harald Welte and the guys at http://gpl-violations.org/
 weigh in with advice on how to proceed.  I cc this there.

 ..playing with dig, jwhois and a web browser and the
 names I find, it's _amazing_ how I get thrown back to:
 http://idbproductions.com/catalog/  ;o)

 Regards... Matthew


 On 11/20/08, Tatsuhiro Nishioka [EMAIL PROTECTED] wrote:
  Hi,
 
  For clarifying my position, I don't care if they sell flightfear.
  But I do care if that affects our project in either technically or
  emotionally. According to some threads or posts in the list and the
  forum, it seems that many developers and users do not like the
  current situation.
 
  I guess the problem is they don't make any communication with us
  including contribution. I do welcome some third parties sell
  flightgear if they are friendly and hopefully make a contribution.
  Needless to say they need to observe the GPL thingies.
 
  You can pack everything into either DVD or thumb drive and sell it
  as long as it doesn't brake any legal issue.
 
  But... For me it's more on human relation issue. As long as they are
  friendly and actively open to us, then we can collaborate and make
  flightfear better from both open source and bussiness aspects.
 
  I think there is still much room in improving the usability,
  functionality, and quality of flightgear. If marchants can collect
  such needs and give some offers and feedback (preferably in
  implementation, but just an idea is OK) to flightgear community,
  that'll be super good.
 
  Look forward to seeing reply from them,
 
  Tat
 
  p.s.
  Sorry for full quote. I'm writing on iPhone. this fun tool is
  missing copy-past and cut-paste things.
 
  On Nov 21, 2008, at 10:16 AM, Matthew Tippett [EMAIL PROTECTED]
  wrote:
 
  One thing to be *very* careful of is assuming that flightgear has
  some absolute right to control what happens downstream.  If this
  company is honoring it's responsibilities under the GPL, there is
  nothing that the FG community can do to prevent it happening.
 
  The GPL enshrines those rights to the recipient, and by extension
  you give up the right of control as an author when you allow code
  to be distributed under the GPL.
 
  The main thing that the GPL prevents is 'flightsimpro' creating a
  flightsim that has unique features and linking it into the the main
  binary and preventing the release of that. But if the developer is
  keeping their stuff separate (say an advanced-clean room
  implementation of terrasync using different scenery, or a bridge
  to a different flight sim network), again they have done nothing
  wrong by the GPL (distribution of aggregations is a confusing
  area).
 
  Contact with this company would clarify most of this quickly.
 
  (A parasite isn't always violating the GPL - a lot of X and kernel
  developers call Ubuntu a parasite since they don't contribute a
  proportional amount upstream.)
 
  Regards... Matthew
 
 
  On 11/20/08, Stuart Buchanan [EMAIL PROTECTED] wrote:
  --- On Thu, 20/11/08, Curtis Olson wrote:
  Someone pointed 

Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Arnt Karlsen
Hi,

..my apologies to [EMAIL PROTECTED] for the FlightGear
top-mix posts fw'd and cc'd to you, FlightGear strives to be
multi-platform. ;o)

On Fri, 21 Nov 2008 06:02:06 +0100, Arnt wrote in message 
[EMAIL PROTECTED]:

 On Thu, 20 Nov 2008 22:37:18 -0500, Matthew wrote in message 
 [EMAIL PROTECTED]:
 
  Unfortunately, the GPL doesn't account for emotion.  For those who
  have met RMS, interpersonal relationships don't really fit...
  Certain rights are gained, others are given up.
  
  The best we can hope for is that they are interested in being a part
  of a community, the worst we should expect is that they add no value
  and sell it as a package.
 
 ..in this case I think we have an excellent opportunity to stand up 
 for the GPL by enforcing it, copyright law and criminal law. ;o)

..FG is still GPLv2?  That means these people will need 
_explicit_ permission from _each_ copyright owner, _if_
there has been _any_ violation of the license.  

..absent such explicit permission from _any_ copyright owner, his 
or her no longer permitted code must be removed, and the vendor's
binaries must be recompiled to exclude that forbidden code.

..the GPLv3 is a bit more lenient right there, ;o) 
the bad guys are forgiven under the GPLv3 once they 
become _good_ guys by _complying_.  ;o)

..fwiw, I ran wget -m -l0 http://idbproductions.com/catalog/ too: ;o)
FINISHED --2008-11-21 07:09:33--
Downloaded: 4624 files, 169M in 52m 37s (54.7 KB/s)

  I don't believe that FG I structured in a way to be able to receive
  funds as an organization, and consequently we can only hope that
  they will be a good community member and sponsor and assist where
  they can.
  
  If people want me to slueth around and find some more info and
 
 ..by all means go ahead. ;o)
 
  possibly reach out, please advise.

..me, I find this rather instructive: ;o)
http://gpl-violations.org/faq/legal-faq.html

 ..here I'd like the copyright owners to weigh in, me, I recommend 
 hiring a lawyer for this job, to make sure we get it _right_. ;o)
 
 ..given http://www.idbproductions.com/Products/ and
 http://idbproductions.com/catalog/ this is _not_ just us, so I'd
 have Harald Welte and the guys at http://gpl-violations.org/ 
 weigh in with advice on how to proceed.  I cc this there.
 
 ..playing with dig, jwhois and a web browser and the 
 names I find, it's _amazing_ how I get thrown back to: 
 http://idbproductions.com/catalog/  ;o)
 
  Regards... Matthew
  
  
  On 11/20/08, Tatsuhiro Nishioka [EMAIL PROTECTED] wrote:
   Hi,
  
   For clarifying my position, I don't care if they sell flightfear.
   But I do care if that affects our project in either technically or
   emotionally. According to some threads or posts in the list and
   the forum, it seems that many developers and users do not like the
   current situation.
  
   I guess the problem is they don't make any communication with us
   including contribution. I do welcome some third parties sell
   flightgear if they are friendly and hopefully make a contribution.
   Needless to say they need to observe the GPL thingies.
  
   You can pack everything into either DVD or thumb drive and sell it
   as long as it doesn't brake any legal issue.
  
   But... For me it's more on human relation issue. As long as they
   are friendly and actively open to us, then we can collaborate and
   make flightfear better from both open source and bussiness
   aspects.
  
   I think there is still much room in improving the usability,
   functionality, and quality of flightgear. If marchants can collect
   such needs and give some offers and feedback (preferably in
   implementation, but just an idea is OK) to flightgear community,
   that'll be super good.
  
   Look forward to seeing reply from them,
  
   Tat
  
   p.s.
   Sorry for full quote. I'm writing on iPhone. this fun tool is
   missing copy-past and cut-paste things.
  
   On Nov 21, 2008, at 10:16 AM, Matthew Tippett
   [EMAIL PROTECTED] wrote:
  
   One thing to be *very* careful of is assuming that flightgear has
   some absolute right to control what happens downstream.  If this
   company is honoring it's responsibilities under the GPL, there is
   nothing that the FG community can do to prevent it happening.
  
   The GPL enshrines those rights to the recipient, and by extension
   you give up the right of control as an author when you allow code
   to be distributed under the GPL.
  
   The main thing that the GPL prevents is 'flightsimpro' creating a
   flightsim that has unique features and linking it into the the
   main binary and preventing the release of that. But if the
   developer is keeping their stuff separate (say an advanced-clean
   room implementation of terrasync using different scenery, or a
   bridge to a different flight sim network), again they have done
   nothing wrong by the GPL (distribution of aggregations is a
   confusing area).
  
   Contact with this company would clarify most of this quickly.
  
   (A 

Re: [Flightgear-devel] Another person selling FlightGear under dubious pretenses

2008-11-20 Thread Matthew Tippett
Comments within.  (I am personally uncomfortable including the GPL
violations people until we have a clear direction from the leadership of the
flightgear project as to the direction the project would like to go).

On Fri, Nov 21, 2008 at 1:49 AM, Arnt Karlsen [EMAIL PROTECTED] wrote:

 Hi,
 ...

  Still, the question is if this company is violating the GPL.  We have
  no proof of that.

 ..I'm checking my wee mirrors to find out.  ;o)


The GPL can only be violated when they distribute the software.  Their
website doesn't entail them distributing.  Action can only be taken if there
is a clear  violation (ie: they distribute a flightgear derived product
without an offer of distributing source.  Who knows, they may include the
source in the DVD or CD that they ship.

I personally don't want to charge forward and claim a violation when nothing
has been distributed.





 (The gpl-violations.org guys go after people who
 are not honoring the release of source for both distributed and
 derived works - typically in embedded systems.  Usually they settle
 when the company honors the GPL and provides source or stops
 distributing the offending product.)

..aye, this means they have valuable experience
 and can guide us. ;o)

  At this stage it appears that they are simply selling a binary
  distribution of a set of OSS applications.

 ..then, in good faith, they shouldn't mind saying so.
 My opinion now is, these people are common criminals,
 or a tSCOG-style Microsoft proxy team.
 http://gpl-violations.org/faq/violation-faq.html
 http://gpl-violations.org/faq/legal-faq.html
 http://gpl-violations.org/faq/sourcecode-faq.html
 http://gpl-violations.org/faq/vendor-faq.html



But they do say that - http://flight-aviator.com/

===
[image: flight]Based on the award winning Flight Gear project

[image: flight]All from the thriving Open Source Community, this sim is
forever changing

===


  As mentioned before, ethics or questionable business practices aside,
  we need to focus on what they are actually violating.  Even the
  wikipedia screen shots are licensed under the GPL can be re-used
  freely.

 ..aye.  Removals of FlightGear.org and GPL etc around
 these screen shots, would prove a few things though. ;o)


I don't see what you are saying.  The screenshots don't seem to be trimmed -
beyond a possible crop here or there.

http://www.flight-aviator.com/images/fps/multiplayer-map.jpg as well as
http://www.flight-aviator.com/images/getstart11x.jpg don't seem to be hiding
it from being (or being derived from flightgear).  The lack of attribution
is not quite nice, but is a common mistake.

Again, if the flightgear leadership, or the creators (and hence copyright
owners) of the images have particular concern then that can put forward when
a direction is chosen.


 ..and keep in mind, top posting is not quite comme-il-feaut
 at [EMAIL PROTECTED] ;o)


I understand, but the google mobile client provides no options to inline
quote or bottom quote.   (I would actually expect that from a legal
perspective a top-posted email thread is far more valuable than a inline
posted... But that is a different discussion.  :)



Please note that I am not saying take no action, I am just saying take a few
days to gather what each copyright owner who is impacted wants and ensure a
plan is prepared before taking action.

Remember, the emotive aspect - although it is real and affects people
personally - should not be the prime driver for individuals.  The legal
framework that each person has implicitly or explicitly has agreed to is
what should be driven.   (I had a long discussion with some people from
Creative Commons that people should also be made aware of what they are
giving up.  If you CC-Share Alike an image, and then see that image being
used to promote something you personally find distasteful - have given up
your right to control what the downstream person does with the image.  You
have no fundamental recourse unless the downstream restricts other people
from the Share Alike rights within the license.  You may not like it, but
you gave up your right to control that when you licensed it.  The same goes
with the GPL.

As mentioned before, I see the baseline direction should be at least the
following.

  1) Respect copyright - The images and and so on should attributed fully
  2) Respect the GPL - If the flightgear derived binaries that are
distributed are not accompanied by source or an offer to provide the source
that created the binary, then actions should be taken to ensure that it is
available.

1) is fairly obvious, but 2) will need someone to buy the CD before taking
further actions.

Regards,

Matthew
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