Interesting thread.
I assume that, as usual, it is another party who is threatening legal action - not a real lawyer? As I have said before on many occasions, I don't know what it is about flight simulation that seems to turn a few people into particularly litigious amateur lawyers. Has anyone actually been successfully sued for anything related to FS? I doubt it.
I'm reminded of the good old days of Peter 'Papa Tango' Tishma. He signed non-exclusive licences with a number of airlines and then wrote cod-legal letters to freeware devs, "on behalf" of the airline, threatening legal action. A particularly good trick was to cc the letters to a real legal firm and the airline. Anyone reading it, who wasn't familiar with this trick, would assume that these companies were involved. Invariably, they weren't.
Bottom line with all these clowns is to write back politely acknowledging their letter and request that "...all legal papers or similar correspondence is served to our mailing address at:... blah blah blah". Don't, under any circumstances, give them the satisfaction of replying in an angry tone and explaining why your product is not a rip off etc etc. That only serves to encourage them!
As someone pointed out earlier, the burden of proof lies with the litigator to prove what they have 'lost' and also to demonstrate how you have ripped off their creation. Not that easy, when you are talking about something that is not original in the first place - by that I mean it was originally designed by Garmin, Marconi, Boeing, Airbus or whoever.
I have often thought of running a competiton to find the most pompous/unfeasible legal threat issued in connection with a flight sim. Looks like it could have quite a few entrants. First prize would be a day in court - all expenses paid
Keep it legal!
Dermot Stapleton
Operations Director
Just Flight / Just Trains