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JWocky / IAR-80-JSB

FG Aircraft | IAR 80 JSBsim by JWocky, modified from original work by Emilian Huminiuc
GNU General Public License v2.0
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Notification of Termination of Rights #2

Open ghost opened 9 years ago

ghost commented 9 years ago

Dear Mr. Peter Brendt,

This is a legal instrument. If you are not your legal representative or if represented by legal counsel,please direct this letter to your attorney immediately and have your attorney issue a notification attesting to such representation.

Regarding the works present at https://github.com/JWocky/IAR-80-JSB and at https://github.com/JWocky/Lockheed-Model10 (henceforth called the REPOSITORIES): Considering that the REPOSITORIES are maintained by you, Mr. Peter Brendt, also identified as JWocky (henceforth called the MAINTAINER), Considering that I, Emilian Huminiuc, am the main author (henceforth called the AUTHOR) of the "IAR80" and the"Lockheed-L10-Electra" packages representing the eponymous aircraft for the Flightgear flight simulator software (henceforth called the WORKS), Considering that Romania is the jurisdiction of legal prerogative by virtue of acting as country of first publication of the WORK, Considering the MAINTAINER's actions at both the repositories, and the MAINTAINER's refusal to acknowledge the moral rights of the AUTHOR of the WORKS

I, the AUTHOR, hereby formally notify the MAINTAINER that his rights granted through the GNU GENERAL PUBLIC LICENSE version 2.0 (henceforth called the LICENCE) a copy of which can be found in the REPOSITORIES, are hereby and henceforward terminated in accordance to article 4 of the LICENSE. Consequently I demand the MAINTAINER to immediately (A) cease making available the WORK and (B) provide the AUTHOR with prompt written assurance within fourteen (14) days that the MAINTAINER has complied with the present notice.

I additionally notify the MAINTAINER that failure to produce an adequate response to this notification within fourteen (14) days will be considered and legally noted as a violation of Copyright and the AUTHOR's rights, thus the AUTHOR will be entitled to any legal action deemed necessary to protect the intellectual property against such an wilful infringement, including, without limitation, legal action for injunctive relief or to recover damages without further notice to the MAINTAINER, as well as adjudication of any court costs and attorney’s fees incurred by the AUTHOR to the liability of the MAINTAINER. This notification conjointly serves to inform the MAINTAINER that any such action will be submitted to a Romanian court of law, and also to notify that this termination of rights can be contested in the court of which jurisdiction the AUTHOR resides.

Information necessary to establish such residence will be provided upon request from the MAINTAINER or the legal representative thereof.

I otherwise reserve all my rights.

Sincerely yours, Emilian Huminiuc

IAHM-COL commented 9 years ago

I otherwise reserve all my rights.

I may dare to remember you that this material was released publicly under GPL for the Flight simulator Flightgear, with a copyright notice included, and was obtained at

http://www.flightgear.org/download/aircraft-v2-12/

therefore there is license to copy, distribute and modify, under the GPL2+ clauses.

Best Regards, IH-COL

IAHM-COL commented 9 years ago

Paragraph 4 of the GPL2 states:

  1. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

We are copying, modifying, and distributing with acceptance and as expressly provided under the license, thus we remain in compliance.