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FYI Ben just updated the market place rules to cover this issue. |
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| ^ | Joined: 17 Apr 2004 Member: #21603 | ||
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sjm wrote: FYI Ben just updated the market place rules to cover this issue.
Thanks for the info, I will share it here: Quote: Important note regarding sales in the EU
According to a 2012 judgement by the Court of Justice of the European Union: "An author of software cannot oppose the resale of his 'used' licences allowing the use of his programs downloaded from the internet". An official press release / summary is available here (PDF) This states "even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy." We are not in the legal profession here at KVR, but with this information you can decide what to do. If you wish to sell something that was considered unsellable before this judgement and the "author of software" hasn't (yet?) changed their policy, we ask that you make it clear in your sale post that there is the potential that the sale / transfer process may not go smoothly (and make it clear why). In any event, we are in no position to arbitrate between the seller, the "author of software" and / or the buyer. However does this mean KVR will not prevent such sales attempt? |
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| ^ | Joined: 25 Jan 2009 Member: #199263 | ||
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i repost some words i wrote on the market place.
you don't need to be a lawyer to understand some simple facts,although it doesn't hurt to know that law is different in every country in the world and might not be applied generally. Quote: it's a european law and it is valid for european countrys and therefore companys.
is there a image line office in europe? if not,why should the law be applied in the usa as well? if you download content form a site from usa there is no reason why a european law should be applied until you send a bunch of lawyers to usa and bring it to the court in the usa. i think ben's decision might confuse people about jurisdiction. imo,it is not legal to sell an account,just the software which you're not able to sell at the moment, until image line speaks a official word about it and change the eula (which is the us law).. edit: it seems that image line is a belgium based company (if i'm right). therefore il must change the eula but it is not legal to sell an account! edit,wrote curt instead of court which is somebody else. Last edited by t3toooo on Mon Dec 03, 2012 4:55 pm; edited 1 time in total |
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| ^ | Joined: 24 Dec 2005 Member: #92089 | ||
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Quote: you don't need to be a lawyer to understand some simple facts
you don't need to be a lawyer to make the difference between a judgement & a law ---- DOLPH WILL PWNZ0R J00r LAWZ!!!! |
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| ^ | Joined: 19 Jun 2002 Member: #3103 | ||
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tony tony chopper wrote: Quote: you don't need to be a lawyer to understand some simple facts
you don't need to be a lawyer to make the difference between a judgement & a law yes,true,is it even a law? no it was a judgement of a court,a sentence (if my english is correct). although,the european court is the highest instance of a court in europe so there are chances this sentence will become a law sooner or later. it's not a suburb court. |
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| ^ | Joined: 24 Dec 2005 Member: #92089 | ||
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As tony pointed out several times by now, it will have a MUCH GREATER impact than just the ridiculous small audio industry.
Good luck to Apple Europe dealing with this. The popcorn industry will be a winner in this until this law comes into place. ---- Cowbells! |
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| ^ | Joined: 01 Dec 2004 Member: #50081 Location: Sydney, Australia | ||
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t3toooo wrote: yes,true,is it even a law? no it was a judgement of a court,a sentence (if my english is correct)
The recent judgement was based on a law that's about 20 years old IIRC. Of course there's a law, you don't pull judgements out of thin air. |
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| ^ | Joined: 17 Apr 2004 Member: #21603 | ||
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IncarnateX wrote: Hink please understand that I do not own FL studio but only a bunch of VSTis and I am not putting anything for sale until I am sure myself tha it is all right.
Of course you can offer them on the marketplace but what happens after you've sold one of your IL plugins to me? It doesn't matter if it's allowed or not, if IL doesn't provides a transfer system i can't use "your" plugins. dalor wrote: As tony pointed out several times by now, it will have a MUCH GREATER impact than just the ridiculous small audio industry.
Indeed. You'll buy no software anymore, you'll only be able to rent it. The same goes for music (streaming instead of buying a license). |
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| ^ | Joined: 26 Sep 2008 Member: #190192 | ||
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Wildfunk wrote: dalor wrote: As tony pointed out several times by now, it will have a MUCH GREATER impact than just the ridiculous small audio industry.
Indeed. You'll buy no software anymore, you'll only be able to rent it. The same goes for music (streaming instead of buying a license). Edit: Fixed Quoting ---- Cowbells! Last edited by dalor on Mon Dec 03, 2012 11:11 pm; edited 2 times in total |
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| ^ | Joined: 01 Dec 2004 Member: #50081 Location: Sydney, Australia | ||
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Wildfunk wrote: Of course you can offer them on the marketplace but what happens after you've sold one of your IL plugins to me?).
Then I would give you my password to my account, where you would be able to change the user info etc. and download whatever future updates. The court ruling in question is about reselling " licenses " not the product itself. |
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| ^ | Joined: 25 Jan 2009 Member: #199263 | ||
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fixed |
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| ^ | Joined: 25 Jan 2009 Member: #199263 | ||
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And just to remind all: You are free to claim anything here: "You can't do this" , "You can do that" , "you can do this but not do that" but unless you are a lawyer as called for and is able to ground your statements in actual arguments (look up the word) either based on existing laws or cases of precedence, it is utterly worthless to me as the OP. Actually the best advice so far is from an Image Line employee, namely to contact the ombudsman of my country , so that is what I will do now. It will probably take some time before I get an answer but I will return to this thread when I do if it hasn't been locked and sealed. |
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| ^ | Joined: 25 Jan 2009 Member: #199263 | ||
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IncarnateX wrote: Then I would give you my password to my account, where you would be able to change the user info etc. and download whatever future updates.
But this only works if you sell *all* your licenses to 1 person. |
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| ^ | Joined: 26 Sep 2008 Member: #190192 | ||
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Wildfunk wrote: IncarnateX wrote: Then I would give you my password to my account, where you would be able to change the user info etc. and download whatever future updates.
But this only works if you sell *all* your licenses to 1 person. Yes. |
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| ^ | Joined: 25 Jan 2009 Member: #199263 | ||
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Locked at OP's request. If more information becomes available I or another mod will unlock the thread. |
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| ^ | Joined: 10 Jun 2004 Member: #29021 Location: Pony Pasture |
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