EBay - here we go again

Effoh · Post by **Effoh** » 11 Dec 2006, 13:55

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

Tom Clayton · Post by **Tom Clayton** » 11 Dec 2006, 14:11

Â£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.

Post by **Garry Russell** » 11 Dec 2006, 14:27

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

ianhind · Post by **ianhind** » 11 Dec 2006, 14:29

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

Tom Clayton · Post by **Tom Clayton** » 11 Dec 2006, 14:36

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."

Post by **Garry Russell** » 11 Dec 2006, 14:36

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 Â£0-99 is not a lot, looks like he's making up the profit from the postage: Â£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

Jetset · Post by **Jetset** » 11 Dec 2006, 14:41

Agreed Garry! Granted if it was 100% for charity, or given to the developers then great. But in almost all cases it isn't.

Callum · Post by **Callum** » 11 Dec 2006, 16:57

Even if it was given to charity, I still wouldn't allow it - if I wanted money going to Charity i'd donate myself

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

hinch · Post by **hinch** » 11 Dec 2006, 18:06

well, it's better than what flyaway are doing:

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

Post by **Garry Russell** » 11 Dec 2006, 18:14

We don't know if permission has been given :think:

It may have been

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