Smugglers of the Caribbean

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ViperPilot2 said:
Seems to me if the Company is no longer in business, and any contact information has gone dark, then it's obviously something that's not important to said Company/individual anymore so it should be fair game. If it is important to them then they would make a complaint once it's posted/distributed.
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I think the same. I think it makes sense and is ethical, though maybe not really legal. I think of it as abandonware. Taking a copy doesn't deprive the publisher of any income since they're no longer selling it and the selling entity may not even exist anymore. So if it's theft, it's theft of something with zero financial value.
 
ViperPilot2 said:
Seems to me if the Company is no longer in business, and any contact information has gone dark, then it's obviously something that's not important to said Company/individual anymore so it should be fair game. If it is important to them then they would make a complaint once it's posted/distributed.
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Just as an FYI: "Smugglers of the Caribbean: Cabo Key" by Franz Luftfahrt / Pimp Aviation was previously available on simmarket (https://web.archive.org/web/2012102...ion-smugglers-of-the-caribbean-cabo-key.phtml), and please do note that Franz Luftfahrt is still active on simmarket (https://secure.simmarket.com/franz-luftfahrt-(en_1085).mhtml), and which means the developer offers support, both via simmarket customer service and support address listed on simmarket.

Accordingly, I would advise one to seek out the relevant permissions and thereafter act in accordance with the pertinent communications from said developer, and most certainly not put Sim-Outhouse in a precarious position, where it concerns copyrights and such public infringements thereof.

Cheers!
 
Pimp Aviation wasn't domicilied anywhere. Therefore its copyright rules aren't of great effect. BTW and IMO, the AI DC-3 should have the lights turned off. It could quite communicate its flight plan right away!

Bernard
 
Some interesting points have been raised here. As I wrote earlier, I think it's ethical to grab a copy of a bit of abandonware. Whether it's a good idea to post it somewhere like our library is another question. While grabbing a copy of abandonware is harmless and virtually risk free, posting abandonware to the library, MIGHT be harmless and risk free - BUT maybe not. If we're not absolutely sure that the developer has really abandoned the item, if there's any question at all about that, we might be better off safe than sorry. At the very least we should do everything possible to find out if the item has really been abandoned.
Should the developer of an item thought to be payware come out of the woodwork and stake their claim, it wouldn't be worth their while to make trouble for an individual who took one free copy. But putting it in the library of a web site that's available to the public would amount to re-publishing the work, and it might be worth the owner's while to come after us, who collectively have much deeper pockets than an individual and who would have committed a greater transgression. Chances are that all we'd get would be a take-down notice, but a litigious copyright holder might make more trouble than that.
 
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True words.
Is it possible to get around that, and be safe, if one of us 'shares' the software, by PM request?
Or by posting the site where the torrent is?

Sure, we do not condone piracy, but if the software is out there, & we publish the url of the site?
 
wolfebee89 said:
Just as an FYI: "Smugglers of the Caribbean: Cabo Key" by Franz Luftfahrt / Pimp Aviation was previously available on simmarket (https://web.archive.org/web/2012102...ion-smugglers-of-the-caribbean-cabo-key.phtml), and please do note that Franz Luftfahrt is still active on simmarket (https://secure.simmarket.com/franz-luftfahrt-(en_1085).mhtml), and which means the developer offers support, both via simmarket customer service and support address listed on simmarket.

Accordingly, I would advise one to seek out the relevant permissions and thereafter act in accordance with the pertinent communications from said developer, and most certainly not put Sim-Outhouse in a precarious position, where it concerns copyrights and such public infringements thereof.

Cheers!
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Then the prudent thing to do is query Mr. Luftfahrt and see where he stands on the issue.
 
Good morning friends
sadly I have to report you some very bad actions from some german advocates. Under another name than their own they propose you on some sites older games and add ons. and if you have downloaded their stuff, some three month later you receive a lette from them. Now und their real
name and advocate status. They ask you to pay a certain amount of Euros (varying from 100 to 999) to pay for having downloaded stuff that still has rights on. Otherwise they will take you to tribunal for illegal actions. Some tribinals follow them, other go a bit deeper in the matter and so almost two advocates lost their acreditation.
So take care from not sure german sites you do not know.
Best regards
Michael
 
Just to make things clear:

As EULAs are contracts, they must name the parties involved. In addition, it must be clearly stated who is the licensor and who is the licensee so that they can be held legally liable for fulfilling the terms of the agreement.

So, many EULA's couldn't be carried out because of these lacks.

Bernard
 
It dawned on me that even if a developer came out of the woodwork and was upset, they couldn't claim any loss of revenue from their item being posted and shared, for two reasons: they aren't offering it for sale anymore, and we wouldn't be selling it either, just making it available.
 
Bottom line here at SOH if it wasn't released as freeware then it is still payware and will not be shared on this site.

Live that thought process.
 
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