Can I please sell the sound banks I don't use?
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- KVRAF
- 1906 posts since 15 Oct, 2008 from Germany
Please make sure to read my post above.
- KVRAF
- 4534 posts since 17 Jun, 2013 from very close to Paris, France
No.paterpeter wrote:@BlackWinny: What you quoted only applies to software AFAIK.
EACH product sold separately MUST have its clear License text to inform the customer. When there is no text, there is no licence. And the product being a software or not.
Build your life everyday as if you would live for a thousand years. Marvel at the Life everyday as if you would die tomorrow.
I'm now severely diseased since September 2018.
I'm now severely diseased since September 2018.
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- KVRAF
- 1906 posts since 15 Oct, 2008 from Germany
I was only referring to the 2012 judgement of the EU Court based on the case Oracle ./. UsedSoft, which you quoted. And that does very likely not apply here.BlackWinny wrote:No.paterpeter wrote:@BlackWinny: What you quoted only applies to software AFAIK.
EACH product sold separately MUST have its clear License text to inform the customer. When there is no text, there is no licence. And the product being a software or not.
- KVRAF
- 4534 posts since 17 Jun, 2013 from very close to Paris, France
What applies everywhere is that EACH product sold separately MUST have its clear License text to inform the customer. When there is no text, there is no licence. And the product being a software or not. It is forbidden to let the customer assume by leaving a dark or by license rules at the level of the company. The law is clear: the licenses MUST be stated at the level of EACH product and with a text accompanying EACH product as soon as it is sold separately. No text: no license!paterpeter wrote:I was only referring to the 2012 judgement of the EU Court based on the case Oracle ./. UsedSoft, which you quoted. And that does very likely not apply here.BlackWinny wrote:No.paterpeter wrote:@BlackWinny: What you quoted only applies to software AFAIK.
EACH product sold separately MUST have its clear License text to inform the customer. When there is no text, there is no licence. And the product being a software or not.
And it is also the reason why ALL the licenses always recall that when the product moves elsewhere, it MUST remain accompanied by its license text! All that is mandatory by the american law and by the european law.
No text at the level of the product: no license for this product.
Last edited by BlackWinny on Fri Jul 11, 2014 9:22 am, edited 1 time in total.
Build your life everyday as if you would live for a thousand years. Marvel at the Life everyday as if you would die tomorrow.
I'm now severely diseased since September 2018.
I'm now severely diseased since September 2018.
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- KVRAF
- 1906 posts since 15 Oct, 2008 from Germany
Yeah, I see we're walking in circles here.
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- KVRist
- 90 posts since 23 Dec, 2004
@ "Mr Court of Justice of European Union"
the court did not say that you can sell the software in PIECES (depends on whether its factory banks contained within the initial purchase or bought separately we're talking about). The court says you can resell the software (meaning every part of it) at once. If you're selling factory banks separately its not black and white clear you can do that unless its part of the initial purchase.
Besides, in terms of separate third party banks, who says presets count as "software" in the first place. Software presets do not perform any function on their own. A preset is a collection of parametric data referencing a certain software.
Mr Court of Justice could you go on and find a ruling about that too? I'm inclined to invite you to establish they're not "just" normally copyrighted databases protected under the respective EU Directive 96/9/EC and therefore most likely not falling under the referenced EU ruling's umbrella. I'm just testing your dexterity here and I'm open to factual arguments to the contrary.
@ "Mr I wanna sell my banks but I need Bulents permission and Contour is a pirate"
No, potential disagreement / vagueness of impractical terms of the SM EULA is not piracy. Uploading copyrighted content on torrent sites for other to download is.
I am only advising you to do whats practicable in your life and giving you a personal advice based on my experience in this world. If you, contrary to my suggestion, have the inner need to wait on software vendor's headnod to lug around a measly bag of software presets for a price of a meal in McDonalds then who am I to tell you otherwise. I'm just saying you might have to wait. And then some.
the court did not say that you can sell the software in PIECES (depends on whether its factory banks contained within the initial purchase or bought separately we're talking about). The court says you can resell the software (meaning every part of it) at once. If you're selling factory banks separately its not black and white clear you can do that unless its part of the initial purchase.
Besides, in terms of separate third party banks, who says presets count as "software" in the first place. Software presets do not perform any function on their own. A preset is a collection of parametric data referencing a certain software.
Mr Court of Justice could you go on and find a ruling about that too? I'm inclined to invite you to establish they're not "just" normally copyrighted databases protected under the respective EU Directive 96/9/EC and therefore most likely not falling under the referenced EU ruling's umbrella. I'm just testing your dexterity here and I'm open to factual arguments to the contrary.
@ "Mr I wanna sell my banks but I need Bulents permission and Contour is a pirate"
No, potential disagreement / vagueness of impractical terms of the SM EULA is not piracy. Uploading copyrighted content on torrent sites for other to download is.
I am only advising you to do whats practicable in your life and giving you a personal advice based on my experience in this world. If you, contrary to my suggestion, have the inner need to wait on software vendor's headnod to lug around a measly bag of software presets for a price of a meal in McDonalds then who am I to tell you otherwise. I'm just saying you might have to wait. And then some.
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- KVRAF
- 4757 posts since 2 Oct, 2008
sell presets but dont spend money on McDonalds
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- KVRAF
- Topic Starter
- 7748 posts since 28 Apr, 2013
Scrolling through the replies, the one suspiciously missing is a comment from KV331. As I mentioned before, this is the one thing that makes me want to just sell it all and never deal with them again. It all becomes academic then except for them choosing to ignore any such issue.
As I still haven't received a reply in email either, I'm wondering if I can effectively sell the whole thing in reality since I have no idea if it will result in a process of delayed transfer for both me as seller and whoever that buyer may be.
As I still haven't received a reply in email either, I'm wondering if I can effectively sell the whole thing in reality since I have no idea if it will result in a process of delayed transfer for both me as seller and whoever that buyer may be.
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- KVRist
- 30 posts since 6 May, 2014 from Estonia
I bought synhtmaster from another owner and license transfer was within 24h. So yes you can.BBFG# wrote:I'm wondering if I can effectively sell the whole thing in reality since I have no idea if it will result in a process of delayed transfer for both me as seller and whoever that buyer may be.
Ableton Live 9 | Synthmaster | EDM
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- KVRAF
- Topic Starter
- 7748 posts since 28 Apr, 2013
Which, from the many experiences I read on KVR, seems to be a premise in luck.krepssound wrote:I bought synhtmaster from another owner and license transfer was within 24h. So yes you can.BBFG# wrote:I'm wondering if I can effectively sell the whole thing in reality since I have no idea if it will result in a process of delayed transfer for both me as seller and whoever that buyer may be.
Or quite possibly an exercise relative to Schrodinger's Cat?