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Thread: A clarification from the prepar3d team.

  1. #11
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    Quote Originally Posted by scott967 View Post
    I imagine the EULA is derived directly from the license terms with MS. As long as you don't entertain yourself, you are within the rights granted by the EULA. I would expect the practical issue would be more with an addon that was being marketed in a way that looked like entertainment (for example, an "adventure" or maybe a "mission"). But something like a PMDG addon, which markets on realism, would seem to have a conforming use.
    I'd say you're about as close as you can get to the actual intent of the LM P3D EULA.
    Folks forget that LM must adhere to the licensing agreement they made with MS. From what I gather, that license specifically precludes the ESP code's use for entertainment.
    I'm pretty sure that MS is monitoring the situation. I would. They certainly wouldn't want a competing simulator "for the masses" to be derived from their own code...Don
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  2. #12

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    I too sought clarification from Lockheed Martin and attach a copy of our emails which indicate that personal/consumer entertainment add-ons are in vioaltion of the EULA.

    Hi,

    Thanks for your enquiry. I am not sure that I understand your question, so please let me know if I have mis-interpreted it. Prepar3D cannot be sold as a personal/consumer entertainment product, therefore addons created for such use would not be compatible with the EULA for the product. Even if your specific add-on allowed this, using the Prepar3D client in this manner would put the user in violation of the Prepar3D EULA. Does this answer your enquiry?


    Regards,

    The Prepar3D Team


    On March 26, 2012 at 3:01 PM Gerry Howard <[email protected]> wrote:

    > Dear Sirs
    >
    > I propose to develop commercially add-ons for Prepar3D. These add-ons
    > would be sold and distributed through markets or channels for use as a
    > personal/consumer entertainment product in the same way as add-ons for
    > Microsoft FSX add-ons, and would be priced competitively with them.
    >
    > Can you confirm that a Prepr3D Developers Licence will permit this?
    >
    > Regards

    > Gerry Howard
    It's perfectly consisent with what Lockheed Martin has always said. For example on 14 January this year John Nicol of Lockheed Martin publicly said:

    Bottom line, don't use it as a replacement for a game, it needs to be used for non-entertainment purposes.
    http://www.prepar3d.com/forum-5/?min...iewtopic&t=682

  3. #13

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    You know, this type of crap is why Lockheed won't answer questions directly and are probably getting very pissed off at all of the armchair lawyers like you. Why are you doing this? The EULA is what the EULA is and Lockheed have been consistent for the past two years on it. Every week there seems to be someone that just refuses to take the information given to them and wants to ask the same damn thing over and over with different wording to try and trip someone up. Why the hell would someone send a note to Lockheed asking if an entertainment addon would be compliant with the Prepar3D EULA? What was the purpose of that? You guys are really making me sick. Tell you what, just don't use Prepar3D and give the rest of us a break. Who decided that you guys were the representatives of the rest of us to contact Lockheed anyway? Trying to make yourselves heros? PLEASE GIVE IT A REST!!!

  4. #14

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    One reason for seeking clarification is that claims have been made that Prepare3d is the next FSX - though not by Lockheed Martin. It obviously can’t be under the present EULA.

    A second reason is that Lockheed Martin is selling Prepar3D and potential buyers are entitled to ask what exactly they will get for their money.

  5. #15
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    How about this; Lockheed Martin and Microsoft got into a conversation about this some time ago. Microsoft says to Lockheed Martin "we're getting out of the flight simulation business and we're going to create something which will basically be an arcade game. We'll let you have the basic architecture for flight simulator as long as you agree not to let your purchasers purchase it for entertainment purposes. In other words, we don't want you to be competing with us in the arcade game end of it. You can sell it to serious students of aviation and aviation related industries."

    I don't think they are going to send the police out to apprehend anyone who is using it at his own computer in his own home or office. I think if you just go ahead quietly and do it, everything will be fine.

    The question, to me, is; why should I want to? I've seen a few sample videos of P3D now and I haven't seen anything to make me think it is hugely better than FSX. $200 shouldn't be a big issue. The money I have heard some of you guys spending on your flight simulator toys makes it apparent you are willing to spend a whole lot more than that anyway. I haven't spent a dime, but I would spend $200 in a heartbeat if the program itself was significantly better. Problem is; so far, I don't see anything to make me think that is the case.

    Personally, I think we should all take a deep breath, sit back and watch what happens. If you really have a burr up your butt about getting P 3-D, just go get it. Nobody's going to arrest you. If it's worth anything, it's worth at least $200.
    Last edited by tres2; 03-27-2012 at 10:16 AM.

  6. #16

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    As I wrote in another thread, don't suppose Lockheed Martin would really care what you do with P3D in the privacy of your own home. I think it would care if someone started distributing "through markets or channels for use as a personal/consumer entertainment product." That's why I don't believe it can become an FSX replacement.

    A further point is that there can be no assurance that P3D will remain compatible with FSX add-ons in the future.

  7. #17
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    Quote Originally Posted by mgh View Post
    As I wrote in another thread, don't suppose Lockheed Martin would really care what you do with P3D in the privacy of your own home. I think it would care if someone started distributing "through markets or channels for use as a personal/consumer entertainment product." That's why I don't believe it can become an FSX replacement.

    A further point is that there can be no assurance that P3D will remain compatible with FSX add-ons in the future.
    Agreed!

  8. #18

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    So what!! Here is an opportunity to get an update for your 2006 release version of FSX with a new application that has bug fixes and new features for fifty bucks. A team that actually cares about the product and are actually making changes and fixes based on feedback from the community. F#$ me, stay on the fence if you want and wait for your next update from Microsoft for FSX.... oh wait.... that won't happen..... ever..... Some people just won't be happy. Even though Lockheed have stated MANY times that they will maintain backwards compatibility for as long as possible, lets just keep the trolls here happy and assume that there will never be another update for Prepar3D past 1.3. Do you want something with better performance and fixes, or are you going to stick with FSX for another six years?

  9. #19
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    Stick with FSX for another six years.

  10. #20
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    Quote Originally Posted by JSkorna View Post
    Stick with FSX for another six years.
    Ditto...
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