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FlyakiteOSX ripped - and this guy has balls


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I keep saying people are idiots and every day i see my prejudice being confirmed. Some idiot ripped FlyakiteOSX, uploaded it to download.com AND linked it to his own ****ty site.

Things like this i see everyday and just make me hate rippers of ANY kind. So i'm going to write a nice, polite email to the supplied email on the **** site http://www.flyakiteosx.com/ and ask him to stop his crap and if that doesn't work i'll email his ISP.

Anyway, here's the whois info for this pathetic idiot's site:

WHOIS information for flyakiteosx.com:

[whois.enom.com]

Registration Service Provided By: Registerfly.com

Contact: [email protected]

Visit: http://www.registerfly.com

Domain name: flyakiteosx.com

Registrant Contact:

georgeMedia

George Boone ([email protected])

+1.5555551212

Fax:

StreetWitheld

CityWitheld, FL 90210

US

Administrative Contact:

georgeMedia

George Boone ([email protected])

+1.5555551212

Fax:

StreetWitheld

CityWitheld, FL 90210

US

Technical Contact:

georgeMedia

George Boone ([email protected])

+1.5555551212

Fax:

StreetWitheld

CityWitheld, FL 90210

US

Status: Locked

Name Servers:

NS6.lunarpages.com

NS7.lunarpages.com

Creation date: 30 May 2005 02:00:59

Expiration date: 30 May 2006 02:00:59

Whois-Services: [email protected]

Oh and i'm not gonna apologize for my language cause i really, really hate people like this guy.

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Chris already know about this guy. I'd a discussion with him not so long ago. But Chris said nothing he can do about it because his file is not copyrighted. Chris also inform me that this guy did email him asking for permission for that.

I guess this is the same guy that I and Chris talked about.

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People who respect other's work? People who respect someone's property?

Would you mind if i came to your house and took your things?

Well, if you needed something so desperately, that you had to come in my house and steal it, why should I bother myself by getting upset over it?

Granted, I may not like it very much, but I'm not going to be upset over it...

This why we so much war, conflict and murder going on these days anyway -- all this "I" making, "me" making, "my" making and "mine" making -- that the unaware choose to engage in.

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I believe it has more to do with people disrecpecting other people's rights and property rather than with people protecting themselves and their creations. But i digress...

@ Alang - I know Chris knew about this but that guy didn't email for permission. After Chris emailed him he added that POS entry in FAQ. Since you talk to Chris, you know rippping FOSX isn't the only thing that's going on.

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ummm.. This doesnt seem malicious in anyway. He is restating what chris has stated on his website. He is providing the downloads for free. He isnt saying that he made Flyakite OSX. Oddly it seems as if he is a fan trying to help out with bandwith and to spread flyakite OSX

If he did originally intend to take all the credit for himself then yeah thats pretty ****ty... but if he asked for permission and stuff I dunno. Seems kinda like much ado about nothing but I could be wrong since I dont know the situtation.

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ummm.. This doesnt seem malicious in anyway. He is restating what chris has stated on his website. He is providing the downloads for free. He isnt saying that he made Flyakite OSX. Oddly it seems as if he is a fan trying to help out with bandwith and to spread flyakite OSX

If he did originally intend to take all the credit for himself then yeah thats pretty ****ty... but if he asked for permission and stuff I dunno. Seems kinda like much ado about nothing but I could be wrong since I dont know the situtation.

As others have mentioned he is making money, he's uploading FOSX to download sites as HIS OWN creation (and links to HIS own site).

Plus i've been told he's been mentioning he might start charging for "his" app. Is that good enough?

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He isnt saying that he made Flyakite OSX.

Ahh... see.. .therein lies my problem with the site. He is not claiming he did NOT make FlyakiteOSX. The only way to discover that I am the developer is to go to the FAQ page and scroll alllll the way to the bottom.

What is happening is that LOTS of people think http://www.flyakiteosx.com is the official site. I mean, bzeitler, think is someone registered www.bzeitler.com and decided to mirror all the skins you've ever made, without anything saying that the person is indeed not you.

Not to mention, I found my software on Download.com http://netscape.com.com/FlyakiteOSX/3000-2...4-10457071.html, Sofotex.com, Freewarefiles.com, and what do you know. ALL of the Publisher links point to www.flyakiteosx.com. I've e-mailed all sites about it, waiting to hear back from Download.com.

I'll summarize what has happened. Originally, sometime after the release of v2.0, I had someone contact me willing to mirror my files. Great. I added the mirror to my list of download sites and that was it. (The mirror was just a server IP address at the time). Sometime later, I had someone message me asking what I did to my site. I was confused and asked, and he linked me to http://www.flyakiteosx.com. I said "that is definitely not my site. Mine has and always will be http://osx.portraitofakite.com". It turns out the mirror that was an IP address turned into an actual site with a domain. I checked it out, and it was laid out all on one page with all the info, about 2 or 3 sets of ads, and at the very, very bottom a simple text link that said "Copyright Portrait of a Kite, Inc." which led to my site. Whatever, I didn't want to even deal with it.

Well, sometime later again, I decided to check the site out. It was 100% the same, with one thing missing: the link to my site at the bottom of the page. Now no one knew I made it. Upon Googling for flyakiteosx.com I came across a site where the owner was inquiring about how much the domain was worth, but he had "no intentions of selling". During this Googling, I also came across tons of blogs and other sites that had news about my software. In the comments section of each of these, someone named flyakiteosx had added "Go to www.flyakiteosx.com. Its easier to navigate". One post like this on almost EVERY site that even mentioned my software. Now I was really upset. I wanted to contact the owner, but no contact info was listed on flyakiteosx.com at all.

I don't remember everything exactly how it has happened, its been awhile mind you. Anyway though, some time passes yet again, and doing some Googling I stumble upon a different site where the same person was now offering the domain for sale for $2000 I believe, with "no lowball offers accepted". This person was really starting to piss me off, and I discover he has a whole network of other sites like this that he is just trying to make money off of. I believe I registered and posted in the forum about it, and his account on that forum ended up getting terminated.

Fast forward, and I get 3 e-mails in the same day where these people wanted to know what my thoughts were on flyakiteosx.com, since it was up for sale and they were considering buying it. I told them this entire story, and said I had no problem with the site as long as it was clearly evident that they were NOT the creator and that it was done in a tasteful manner. One person replied back and said that they were not going to buy it because yes, the site was intended really just to make quick money, and he was really nice about everything. I heard nothing from the other two, but about a week or so later I checked the site and the entire design has changed, its much better but still no notice. I figured the owner has now changed, and I shot him an e-mail yesterday. He replied and I just finally replied back: http://www.portraitofakite.com/temp/email.txt.

==================

It basically comes down to a simple matter of respect. I have no problem with the site, but at least have some information on the front page notifying people that no, you are not the person who has spent 1000s of hours creating this program, do NOT spam your link on every possible site that even briefly mentions my program, and if you submit software to sites such as Download.com, use the ACTUAL publishers website address and not yours.

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So what can some of us do to help you out? I mean I don't use FlyakiteOSX since I have a Powermac, but this is too much disrespect for someone's work.

If you need anything shoot me a PM or email. I'm serious about this. :mad:

Its fine, really. Don't get me wrong, I appreciate the support from everyone, but I can handle it. I have already contacted all of the sites distributing my software and linking to www.flyakiteosx.com, informing them that he is not the author and that I would like his account terminated and the control passed to me. I have e-mailed the webmaster of www.flyakiteosx.com. If he is stubborn and decides not to cooperate, then I will take more drastic measures and contact his web host.

For v3.0 I am watermarking all of my images, and in the "Welcome to FlyakiteOSX" guide, I will be putting a notice saying that "Note: The official site is blah blah, www.flyakiteosx.com is not affiliated with this software in any way" Something along those lines.

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Chris... contact his hosting company (lunarpages.com), he's in violation of there Terms of Service.

(4.7 You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.)

Slap a copyright logo on your stuff and he's out of business.

You can legally do that with your FlyakiteOSX logo and anything else YOU created...i.e. the installer.

And no, it doesn't have to be registered with the U.S. Copyright office to be enforcable.

20.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Add2Net, Inc - Lunarpages Division, COPYRIGHT INFRINGEMENT CLAIM, 100 East La Habra Blvd., La Habra, CA 90631 Telephone (714) 714-521-8150 Facsimile (714)521-8195

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