EXS 24 Logic Sampler Users Group

This is a very complicated subject, but there are two issues. One 
is the reselling of software, and the other is licensing sound 
recordings. It's easy to confuse them, but that's where people 
make the mistake.

The legality of non-transferrable sound recording licenses have 
held up in court all over the world, many times over. You are 
correct about the software resale issue in Germany only...they 
have a new law which allows software resale....but it doesn't 
apply to any sound recording licensing....and it's only in Germany 
tomy knowledge.

The reason sound library companies don't allow resale, is 
because you are licensing a recording for reuse in your own 
music. The legal basis and original idea stems from the origins 
of the soundware business, which was to provide a "Copyright 
clean/License free" alternative to the expensive process of 
licensing samples taken from records and CDs. The legality is 
based on the same concept though. If you licensed a sample 
from MCA records for a project, you pay a fee, and you don't gain 
the right to sell that license to someone else. Commercial 
samples are the same idea, but with the bonus of being able to 
use them on as many projects as you like. However, not having 
to pay for everytime you use the samples (license-free) has bred 
a strong sense of ownership of the sounds and CDs in users, 
and customers forget that it was a generous one-time license 
fee, and not a "product" that you are actually buying.

I agree though that the crossover into hardware versions and 
virtual instruments has made it even more confusing these days. 
From the POV of a new user, it just seems bizarre...but if you 
think about how the industry evolved, it makes a lot of sense.

Resale would be so much easier for companies to deal with if 
copies couldn't be made, and deauthorization was easy and 
standardized. It poses a lot of problems when the user can hang 
on to the sounds after selling them...especially now that the CDs 
themselves aren't very important in actually using the product.

-EP

--- In exs-users@yahoogroups.com, "Michael Gerdau" 
<mgd@t...> wrote:
> >- I've long felt that it's wrong for a license to forbid you from 
> >reselling the library. If a developer wants to charge a 
registration 
> >transfer fee for support and updates, fine, but you should be 
able to 
> >sell a disc you don't use anymore. You can sell a hardware 
instrument 
> >with its factory sounds, and I see no difference.
> 
> I've recently spoken to a lawyer on this very issue.
> 
> He has informed me that he is well aware of this practice and 
that
> he already won more than one lawsuit on this. There is a 
reference
> case published by the "Amtsgericht" (however that translates 
into
> english - some local court) Munich which basically says that
> prohibiting reselling is to strong restricting the rights of
> ownership of a customer to be valid.
> 
> At least in germany it is not legal to prohibit reselling. AFAIC
> YT is a german company...
> 
> >I say that sample libraries should be sold as a *lease,* not a 
> >product. That at least would make it clear what's expected of 
the 
> >customer. The EW1 electric car was only leased, for example.
> 
> Leases are time limited. As soon as you have this unlimited 
you
> are back to selling a licence to use which of course could be
> resold.
> 
> >- Likewise, I don't understand the performance restrictions 
some 
> >companies impose. (I'm not talking about Spectrasonics, 
who just ask 
> >for credit on albums - that's perfectly reasonable.) But if you 
can 
> >use the factory sounds you paid for when you bought a 
hardware 
> >instrument any which way you choose, why are samples you 
bought any 
> >different?
> 
> Just because some companies write this in their licences 
does not
> mean it would hold in court. At least in germany.
> 
> Best,
> Michael
> --
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