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Flight Pro Sim - Real Life Flying

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Re: Flight Pro Sim - Real Life Flying

Postby skyop » Thu Aug 19, 2010 2:04 am

Hey, look at the developers' page:

flightprosim.com wrote:2. Hosting and Redistribution of the FlightProSim software is illegal: You MAY NOT host or redistribute ANY software / material with the FlightProSim Name, Trademark, Logo and website. The Software may be obtained in source code format, altered, recompiled and redistributed without any attribution to FlightProSim, according to the General Public License under which use of the Software is governed.


Surely this is a GPL violation?
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Re: Flight Pro Sim - Real Life Flying

Postby Quadunit404 » Thu Aug 19, 2010 2:10 am

Oh yes, definitely.
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Re: Flight Pro Sim - Real Life Flying

Postby Gijs » Thu Aug 19, 2010 8:16 am

No, that statement is not a violation. What it says is that you are not allowed to distribute the package under the FlightProSim name. You can however distribute the source. Not sure if they really registered their "brand", but I cannot imagine why someone would release it under the FPS name :P
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Re: Flight Pro Sim - Real Life Flying

Postby HHS » Thu Aug 19, 2010 12:51 pm

Gijs, I'm not sure if you are right here....
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Re: Flight Pro Sim - Real Life Flying

Postby snipey » Thu Aug 19, 2010 8:11 pm

Gijs is right. it says thay you may not
redistribute ANY software / material with the FlightProSim Name, Trademark, Logo and website.

and that you may
The Software may be obtained in source code format, altered, recompiled and redistributed without any attribution to FlightProSim,

because it is still licensed under GPL
according to the General Public License under which use of the Software is governed.
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Re: Flight Pro Sim - Real Life Flying

Postby jack » Thu Aug 19, 2010 8:25 pm

Ok, I just finished searching the United States Patent and Trademark Office Database, and after searching several different variations, I have not found any licenses for Flight Pro Sim. I am going to contact Mr. "Charlie Taylor" and ask for proof of any licenses for the Flight Pro Sim name. It is in fact Illegal to falsely claim a Trademark or Patent.
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Re: Flight Pro Sim - Real Life Flying

Postby Quadunit404 » Thu Aug 19, 2010 8:32 pm

I see a lawsuit in the not too distant future. You are right about it being illegal to falsely claim trademarks over something.
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Re: Flight Pro Sim - Real Life Flying

Postby HHS » Thu Aug 19, 2010 8:43 pm

well, similar to Joomla http://opensourcematters.org/index.php?Itemid=158

So it seems it is allowed....

Interesting to know that they brands stuff which they don't own....
I think we should protect Flightgear and our Logos as well!
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Re: Flight Pro Sim - Real Life Flying

Postby jack » Thu Aug 19, 2010 8:51 pm

Quadunit404 wrote:I see a lawsuit in the not too distant future. You are right about it being illegal to falsely claim trademarks over something.


I'm prepared and willing to file a lawsuit if we can build a big enough case, and if they refuse to comply. Are you?
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Re: Flight Pro Sim - Real Life Flying

Postby Quadunit404 » Thu Aug 19, 2010 9:08 pm

YES :twisted:
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Re: Flight Pro Sim - Real Life Flying

Postby Armchair Ace » Fri Aug 20, 2010 5:19 am

Ah, but are you willing (even able) to fund the law suit? - that's another question altogether.
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Re: Flight Pro Sim - Real Life Flying

Postby jack » Fri Aug 20, 2010 5:31 am

Ok, I sent an email to Mr. "Charlie Taylor" and have posted the message string below:

First Message wrote:Hello "Charlie Taylor",
I would like to be provided with proof that you have registered a trademark for the Flight Pro Sim name. After several weeks of research, I have found that there is not currently a Trademark Registered for "Flight Pro Sim" nor "FlightProSim" in the United States Patent and Trademark Office Database. I would also like to inform you that it is a violation of international law to falsely claim a Trademark and/or Patent. You are also required to provide proof of a Trademark and/or Patent upon request.

Regards,
Jack


Charlie Taylor's reply wrote:Hi Jack,

This is not a registered trademark.

A term does not have to be registered to contain the tm

http://en.wikipedia.org/wiki/Trademark_symbol

thanks and hope this helps

Thanks

Charlie



My reply wrote:Hi Charlie,
In statements on your site, such as the below quoted:

"FlightProSim™ is a trademark and can not be used without express permission by FlightProSim.com, or it's subsidiaries"

You are acclaiming a trademark. This is a violation of international law and it will not be accepted. In order to avoid prosecution, you must remove statements similar to the above quoted.

Regards,
Jack
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Re: Flight Pro Sim - Real Life Flying

Postby Quadunit404 » Fri Aug 20, 2010 5:34 am

Let's watch as he doesn't reply to that :lol:

Update: Okay, I have the source code of this new launch control of his. It seems to have been developed using Microsoft Visual C++ 2008. Time to boot up Windows XP in a VM, install VC++2k8 Express and transfer the source over to Windows. That way I really can explore it, and maybe hack the source to remove all references to FlightProSim... after these updates finish installing :wink:
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Re: Flight Pro Sim - Real Life Flying

Postby jack » Fri Aug 20, 2010 5:59 am

I like the progress we are making. :) My goal is to some how shut down the FPS site by pointing out illegal statements until they've deleted all the content. :twisted: I will try to avoid a lawsuit, but I will take them to court if I absolutely need to. :o

So far, Charlie Taylor has not replied to my last message, but then again it's about dinner time over there, so I may have to wait an hour or so for a reply. :)
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Re: Flight Pro Sim - Real Life Flying

Postby mike4lin » Fri Aug 20, 2010 6:08 am

Why not put some small piece of closed code in FGFS which makes it impossible to hijack?
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