KVR Audio

Frippertronix · Post by **Frippertronix** » Thu Oct 27, 2005 9:35 am

I'm either too lazy or too affraid to go through the license agreements for all my freeware (which is a staggering amount). I, like most people, just click "yes" and get on with the install, or if it's just a word pad included with a .dll, I usually ignore it (since I'm not a professional musician at this point and don't copy and distribute .dll's).

However, I was just DL'ing from someone's site who makes some rather nice free SE synths, and he has a big, clear license statement saying his plugs could only be used for private use, then he says that music created with his synths couldn't be used on websites.

So now I'm a little worried since, particulary when people put hard work into a plug and are nice enough to put it up for free, that I might violate a lot of license agreements simply by putting mp3 files up on the net that were made using freeware synths and effects, either at something like mp3.com, or just have them available for free download on a small website I might have one day, one that is strictly for sharing art and not for commercial purposes.

How many of you either think or have factually determined that that kind of thing is forbidden in some, most, or any freeware license agreements?

Thanks much,
Dave

haydxn · Post by **haydxn** » Thu Oct 27, 2005 9:41 am

i think it's a load of bollocks.

a) why put such a stupid 'rule' in your synth?
b) how could anyone know it was your synth, unless it was 't3h shi77"
c) who would go to the time to enforce it?
d) is anyone that much of a knob?

Gwydi · Post by **Gwydi** » Thu Oct 27, 2005 9:44 am

I'm pretty sure that if they tried to take such action, the onus would be on them to prove it was made with their synth. Not easy to start with.

Of course if someone was lazy enough to use obvious, distinctive presets from such a synth, they deserve to get sued :-p

G.

Frippertronix · Post by **Frippertronix** » Thu Oct 27, 2005 9:45 am

haydxn wrote:i think it's a load of bollocks.

a) why put such a stupid 'rule' in your synth?
b) how could anyone know it was your synth, unless it was 't3h shi77"
c) who would go to the time to enforce it?
d) is anyone that much of a knob?

Well, I asked him for a clarification about posting free mp3's on non commercial sites. His site just said "websites", but he may have meant commercial websites and he didn't want his synths used for background music to sell things.

That's why I'm asking people if they know what kind of ground rules tend to be placed on other freeware, since it seems like a lot of people put mp3's up and state that they used this or that free synth, etc.

Kriminal · Post by **Kriminal** » Thu Oct 27, 2005 9:48 am

all bolloxs mate

toine6 · Post by **toine6** » Thu Oct 27, 2005 9:54 am

bahhhh... how far will this stuff go...

Everyone who plans on using my synth must sneeze once, cough twice, and roll a rhino in flour beforehand..

Just make music, take a look if they make their wishes obvious (donate to charity in lieu of payment if you like this etc.), if it's a bunch of bollocks, ignore the product, or try to be smart when using it (no obvious presets etc.). Usually they give you more of guilt trip than anything you should be shaking about for.

Frippertronix · Post by **Frippertronix** » Thu Oct 27, 2005 10:01 am

I'm not shaking, but I'd like to think I'm not violating their wishes. After all, the synth/effect is really their property. I just don't see why it might be a problem if you don't directly make money distributing the music (just to share).

shamann · Post by **shamann** » Thu Oct 27, 2005 2:56 pm

What synth was it so that future generations don't make the same mistake?

I'd be surprised if it were enforceable, strange clause that: "you are not allowed to publish recorded non-commercial material made with this instrument." If it were a commercial endeavour, there's probably more legal grounds to prevent use, but even that's hard to enforce.

Do they at least have a register option for the synths in the event you wish to publish music made with it?

herodotus · Post by **herodotus** » Thu Oct 27, 2005 3:09 pm

In the future, There will be a whole branch of legal history devoted to deciphering the baffling texts that are called EULAs.

The historians who specialize in this area will eventually start a cult kind of like kabbalism, only much more complex and obscure.

Their mantra will be:

"You can't do it if the Big E says you can't.

Thus spake the Big E"

eduardo_b · Post by **eduardo_b** » Thu Oct 27, 2005 3:10 pm

Frippertronix wrote:I'm not shaking, but I'd like to think I'm not violating their wishes. After all, the synth/effect is really their property. I just don't see why it might be a problem if you don't directly make money distributing the music (just to share).

I actually have two problems with this type of restriction.

First, why bother to offer it for free if you then take away any use of the sounds that is deemed unacceptable for whatever reason. Plus, how much would he have to charge for the synth to make it worth allowing someone to use the synth for music that might indeed end up on a web site or even be used for music that ends up on a CD. In other words, what's the point of the restriction?

Second, while technically he might retain ownership of the synth (this sort of thing shows up in many, if not most, EULAs), so what? Is he going to take it back if you use it in a way he deems unacceptable, and how would he enforce this so-called right? Not bloody likely.

It's not like he'll ever know anyway, will he?

Frippertronix · Post by **Frippertronix** » Thu Oct 27, 2005 11:43 pm

Okay, I got word from him. It was kx77free and he doesn't mind sharing mp3's over the net. The wording on his site was just vague enough to make it a question, but it's possible that language that's very similar is contained somewhere in most freeware licenses. I'm taking this to mean that it's unlikely any free developers have a problem with non-commercial website use. If anyone reads this and does, let us know.

Dave

For those who read freeware licenses (sharing mp3's)...