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Re: [exs] Culture/Majestic tryouts

2003-01-08 by Michael Gerdau

Dear Christian Hellinger !

Thank you for taking the opportunity to voice your opinion in this
forum. However from your post it seems there is a misconception as
to what has been discussed in this forum.

I will try to clarify further down.

>By re-sampling the sounds we supplied with the 'Tryout ' versions of our
>Instrument's, you have inadvertently broken the License agreement supplied
>with the 'Tryout' versions.

To my knowledge nobody in this forum has re-sampled any of your samples.

>As specified in the "Audio Samples" license agreement....
>
>> "All unauthorised giving, trading, lending, renting, re-issuing,
>> re-distribution or re-sale of this product or any of the sounds it
>> contains are expressly prohibited."

Again to my knowledge none of this has happened. At least it has not
been made public on this forum.

What happened is that the demo versions of Majestic and Culture have
received free advertising. It was also pointed out that these demo
versions do contain samples that could be loaded into the EXS24 sampler.

>And also in Section 2.(Restrictions) of the Software License agreement....
>
>     "You may not modify, rent, lease, loan, distribute or create
>      derivative works 
>      based upon the Software in whole or in part."
>
>As I'm sure you now understand, the distribution of these samples by
>members of this list has to stop.

As I'm sure you now understand, no member of this forum has distributed
*ANY* samples whatsoever.

However what I would like to know from you and possibly from YT is
wether creating an EXS24 instrument (i.e. a list of mappings of
filenames from the harddisk to keys/keyzones/velocityzones etc.)
which happens to contain the names of the YT samples is to be
considered a "derivative work" in the context of Section 2. of
the Software Licence agreement.

Note that nobody can make use of this instrument without prior
having downloaded the demos from your site.

In other words:
Is it the position of YT that publishing EXS24 instrument (no samples
includes) is a violation of the Software Licence agreement ?


>We have worked long and hard to develop these instrument for musicians to
>use, in order to give them what we feel is a 'Top Quality, Credible
>Instrument', please respect this fact and stop this at once.
>We do not want to have to get further involved in stopping this legally as
>this just cut's into our development time and is counter productive for all
>involved.
>
>I am sad that this has had to be done , but I felt that there was no other
>obvious cause of action.

Let me repeat that I welcome that you took the opportunity to voice
your (and possibly YTs) concerns.

I hope by now you agree that these concerns are based on a
misunderstanding as to what has actually happened.

Yours sincerely,
Michael Gerdau
--
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 Michael Gerdau       email: mgd@...
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