Calling all KVR lawyers, pro or amateur, about license transfer within EU

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Hi all
I just stumbled over some temp locked threads in the market forum, where people are trying to sell their Image Line accounts to European Costumers. Meffy want this cleared with Ben before he will unlocks them. I would love to resell my IM VSTis too, but not if there were any doubts about legal issues, so I just have to ask: What is there for Ben to consider?

In another thread a member posted this:
Basically, if you are european customer, you can resell.

http://www.discodsp.com/faq/

Author of software cannot oppose the resale of his used licences allowing the use of his programs downloaded from the internet as stated at Court of Justice of the European Union Press Release 94/12.

http://curia.europa.eu/jcms/upload/docs ... n/pdf/2012 -07/cp120094en.pdf

Quote:
Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.
Yet, it doesn't seem that Image Line agree and have implemented such possibilities in their policy yet.

So, don't we have any lawyers around at KVR, pro or amateur who can help clarfify what there is to be considered here? I know there are a good deal of members who would love to resell their Image Line and Cakewalk licenses and I am indeed one of them.

It must be important to Ben too, because KVR is supposed to be a legit site and rules that violates people's legal right to resell would counter that.

Edit: By amateurs I mean students or other people who have knowledge about law but not necessarily are practising it for a living.

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Image

Did we really needed another same thread..

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IncarnateX wrote:clarfify what there is to be considered here?

It must be important to Ben too, because KVR is supposed to be a legit site

and rules that violates people's legal right to resell would counter that
I'm sure he wants to keep KVR a legit site. In law nothing is simple. I suppose he is consulting 'pro' lawyers, because if he allows the sale of licences that go against the EULAs, KVR might get sued by said companies, and even if they lose, this would mean a lot of money, time and harmed reputation for KVR (during the trial). Plus, the companies could say that these are bad business practices and refrain from advertising, which means losses for KVR (in future).

So basically, I suppose he's careful not to step on anyone's toes.

As for the legal rights of people, well, that could and probably will be debated.
Last edited by ostfront on Sat Dec 01, 2012 9:12 am, edited 1 time in total.

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* waiting for somebody with Propellerheads software to show up * :D
"I was wondering if you'd like to try Magic Mushrooms"
"Oooh I dont know. Sounds a bit scary"
"It's not scary. You just lose a sense of who you are and all that sh!t"

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kmonkey wrote:Image

Did we really needed another same thread..
Are you a lawyer Kmonkey? I am asking for pro or semi pro advices and not personal opinions on the matter, which seems to be the case in other threads.

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^ Yes fair point, but the only way this would now be different is if a (or several) lawyers have joined since the original thread.
In which case your could have simpy bumped the old one ;)
"I was wondering if you'd like to try Magic Mushrooms"
"Oooh I dont know. Sounds a bit scary"
"It's not scary. You just lose a sense of who you are and all that sh!t"

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DELETED

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Mushy Mushy wrote:^ Yes fair point, but the only way this would now be different is if a (or several) lawyers have joined since the original thread.
In which case your could have simpy bumped the old one ;)
I do not agree. If you are not a lawyer as called for, just ignore the thread .

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michi_mak wrote:
Mushy Mushy wrote:* waiting for somebody with Propellerheads software to show up * :D
right now he's on a crusade against 15% deals :hihi:
LOL.
Theo if you're reading mate, just having bit of a banter with you ;)
"I was wondering if you'd like to try Magic Mushrooms"
"Oooh I dont know. Sounds a bit scary"
"It's not scary. You just lose a sense of who you are and all that sh!t"

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IncarnateX wrote:
Mushy Mushy wrote:^ Yes fair point, but the only way this would now be different is if a (or several) lawyers have joined since the original thread.
In which case your could have simpy bumped the old one ;)
I do not agree. If you are not a lawyer as called for, just ignore the thread .
How about I don't ignore it, but I do refrain from additional cheeky comments ? :wink:
Deal?
"I was wondering if you'd like to try Magic Mushrooms"
"Oooh I dont know. Sounds a bit scary"
"It's not scary. You just lose a sense of who you are and all that sh!t"

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Mushy Mushy wrote:
IncarnateX wrote:
Mushy Mushy wrote:^ Yes fair point, but the only way this would now be different is if a (or several) lawyers have joined since the original thread.
In which case your could have simpy bumped the old one ;)
I do not agree. If you are not a lawyer as called for, just ignore the thread .
How about I don't ignore it, but I do refrain from additional cheeky comments ? :wink:
Deal?
Fine with me. I can not prevent anyone from cheeky comments on this anyway and just want to clarify what I am looking for. I am not into law to an extent where I can sort out the rubbish from the pro perspectives in other threads, so therefore this one.

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IncarnateX wrote:
Mushy Mushy wrote:
IncarnateX wrote:
Mushy Mushy wrote:^ Yes fair point, but the only way this would now be different is if a (or several) lawyers have joined since the original thread.
In which case your could have simpy bumped the old one ;)
I do not agree. If you are not a lawyer as called for, just ignore the thread .
How about I don't ignore it, but I do refrain from additional cheeky comments ? :wink:
Deal?
Fine with me. I can not prevent anyone from cheeky comment on this anyway and just want to clarify what I am looking for. I am not into law to an extent where I can sort out the rubbish from the pro perspectives in other threads, so therefore this one.
Well that's easy, it was all rubbish.
Until we have a case brought to court for the specific companies we're talking about, it's all speculation.
And for the sake of a few hundred dollars/pounds who's going to risk thousands in legal fees?!
"I was wondering if you'd like to try Magic Mushrooms"
"Oooh I dont know. Sounds a bit scary"
"It's not scary. You just lose a sense of who you are and all that sh!t"

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Mushy Mushy wrote:Well that's easy, it was all rubbish.
Until we have a case brought to court for the specific companies we're talking about, it's all speculation.
Well that is the kind of comclusions I would like to see some pro opions on.

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IncarnateX wrote:
Mushy Mushy wrote:Well that's easy, it was all rubbish.
Until we have a case brought to court for the specific companies we're talking about, it's all speculation.
Well that is the kind of comclusions I would like to see some pro opions on.
Lawyers don't work for free mate.
"I was wondering if you'd like to try Magic Mushrooms"
"Oooh I dont know. Sounds a bit scary"
"It's not scary. You just lose a sense of who you are and all that sh!t"

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Mushy Mushy wrote:Lawyers don't work for free mate.
Oh like all nerds they love to use their skills and if they are KVRAFs in addition, the chance they will post seems high to me.

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