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EBay - here we go again

Posted: 11 Dec 2006, 13:55
by Effoh
Gents,

Hope this is in the right place - I considered E & S but thought this would be seen quicker here...

http://cgi.ebay.co.uk/Microsoft-Flight- ... dZViewItem

Looks like DM's Comet is included in the list :tuttut:

Rgds,

Colin

Posted: 11 Dec 2006, 14:11
by Tom Clayton
£0.99 currently converts to $1.93 US Dollars. With the shipping cost listed separately, he's actualy not breaking any US copyright laws. I don't know about your side of the pond, but here you're allowed to do this provided that you're only charging a "reasonable" amount to cover your time and effort plus the blank media. With the bold disclaimer of all files being free to download, I don't see anything wrong with this one. It simply looks like he's taken all the stuff that he's downloaded for his own use and burned it to disk.

The only way he could get into trouble is if he's violated any EULA's that specifically prohibit this kind of activity, or if there's any payware snuck into the mix.

I see only one line that I recognize - "Boeing 777 Panel for default and Meljet 777 versions" This is a pair from panel guru Ken Mitchel. I have those, and inside the "default" version is this statement: "This panel is strictly for freeware, is not to be sold." Although slightly gray, by US standards, this would likely still be deemed as legal.

Posted: 11 Dec 2006, 14:27
by Garry Russell
Well thats my screen shot from the last Comet repaint I sent up

If that is in there that would be illegal as it states in the package that it is not to form any part of a package that is not freeware.

Garry

Posted: 11 Dec 2006, 14:29
by ianhind
It's not even clear whether he is just providing links to the downloads. But that could be done in an e-mail so deliberate obfuscation.

While the £0-99 is not a lot, looks like he's making up the profit from the postage: £3-50 for a CD?

Posted: 11 Dec 2006, 14:36
by Tom Clayton
Yeah Ian, now that you mention it, the postage charge would likely get him into hot water over here too. Even with packing material, nearly $7 is enough to be ruled as "for profit."

Posted: 11 Dec 2006, 14:36
by Garry Russell
ianhind wrote:It's not even clear whether he is just providing links to the downloads. But that could be done in an e-mail so deliberate obfuscation.

While the £0-99 is not a lot, looks like he's making up the profit from the postage: £3-50 for a CD?
99 p is not a lot

But what if it hundreds or even thousands of 99p's over a time :sad:

Free mean without charge

Links do no need to be put on a CD they can be posted

That stuff in on there and there should be no charge at all.

Why would he do it if it wasn't to make money?

Garry

Posted: 11 Dec 2006, 14:41
by Jetset
Agreed Garry! Granted if it was 100% for charity, or given to the developers then great. But in almost all cases it isn't.

Posted: 11 Dec 2006, 16:57
by Callum
Even if it was given to charity, I still wouldn't allow it - if I wanted money going to Charity i'd donate myself :wink: I think this is very dodgy and has been happening all too much lately - I don't like it one bit. Someone should send in a community report or whatever to ebay; they tend to be very efficiant with taking things down :)

Posted: 11 Dec 2006, 18:06
by hinch
well, it's better than what flyaway are doing:

http://www.simshack.net/product_info.php?products_id=96

Posted: 11 Dec 2006, 18:14
by Garry Russell
We don't know if permission has been given :think:

It may have been :dunno:

But in the EBay case we know it contains copyright material form people known not to have given permission :tuttut:

So EBay naughty ......Fly Away no comment

Garry