Hi,

..I apologize, this case or these cases should probably have gone to
[EMAIL PROTECTED] rather than
[EMAIL PROTECTED], but
flightgear-devel@lists.sourceforge.net is also a public forum.

On Fri, 21 Nov 2008 00:51:38 -0500, Matthew wrote in message 
<[EMAIL PROTECTED]>:

> 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-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

> 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)

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

> 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 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


-- 
..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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