> We haven't
> been able to pin them down on a specific technical violation of the gpl,
> but that doesn't mean they are legitimate, honorable, and ethical.

> They're immoral scammers, plain and simple.

It galls me to speak up for FlightProSim, but such statements are, as far as I 
am concerned, not okay. I think we have to clearly distinguish between two 
levels here - what we personally consider ethical behaviour, and how the 
societies we live in codify the sum of many such personal judgements in norms 
which apply to all of us beyond the personal level, i.e. what is legal. 

Fraud is a crime. In essence, calling someone a scammer is calling him a 
criminal. There's a principle in criminal justice which reads "Presumed 
Innocent until Proven Guilty". It means, if you suspect someone being a 
criminal, you have to gather evidence, take it to court and then a judge (a 
jury) decides if someone is guilty of a crime or not. It also means, if you 
haven't been able to pin them down on anything yet, you have to presume them 
legally innocent because you could not prove them guilty.

I know the principle is sometimes difficult to swallow, because, heck, we all 
know they are guilty as hell, let's not get hung up with questions of 
procedure... That's just the digital equivalent of a lynch mob. It's not enough 
that you are personally convinced that someone is guilty, you actually need to 
have a real case and see it through in court. And there's a good reason for 
that. FlightGear is not a digital lynch mob.

Now, the following depends on the country you are in, but in many places I know 
you are on the wrong side of the law if you claim someone is a criminal when 
there's no court decision that actually says so. So in calling someone a 
scammer without a legal 'guilty' verdict to back you up, you might be exposing 
yourself or the project to legal action from FlightProSim.

That's my view on the legal side of it.

As far as ethical behaviour is concerned, I think that's rather subjective. 
Just one more example, since Curt brought this up:

> It is a fairly long stretch to say that these guys offer a legitimate
> service, or meat the expectations their  advertising creates. 

One of the things I consider unethical is setting up a situation that is 
suggestive, i.e. from which the other is led to a conclusion I know to be 
wrong. That's actually perfectly legal, a lot of advertizing business is done 
based on this principle - you can't legally lie outright to the viewer of a 
commercial, but you can lead him to draw a false conclusion himself.

Now, in the screenshot gallery advertizing Flightgear 2.6, we had precisely 
that - screenshots showing the skydome shader with the horizon hidden by 
mountains or the cockpit. As far as I am concerned, a screenshot advertizing 
the simulation should show a more or less typical situation, not something that 
typically looks bad (because the horizon never matched) but can be engineered 
to look good by hiding the horizon. So the 2.6 gallery contains images which in 
my ethics book are false advertizing and hence unethical since they inevitably 
lead the viewer to the conclusion that he can expect the skydome shader to work 
without major graphical aretefacts, which is in fact not true because you can 
typically see the horizon during flight, i.e. you typically see rendering 
artefacts in 2.6.

I don't mean to imply by this that Curt is an unethical person, but just that 
we see in this case that we evidently do not apply the same standards here as 
to what 'false advertizing' is.

So, I rest my case here - please consider carefully if you really want to make 
any legally relevant statements, and if not, if your own ethical standards are 
so certain that you can really expect everyone to share them. Personally, I 
don't like FlightProSim &Co, but after looking at a lot of evidence, working 
through GPL and investigating their website, I have decided that I have just to 
put up with them.

Best,

* Thorsten
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