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Re: [exs] Re: Majestic/Culture

2003-01-10 by Michael Gerdau

>> - 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.
>
>Actually I can see a huge difference here.
>You may have created some content, i.e. using a sample CD allready. Let's
>say that was a loop CD and you used a loop in some song. Even after selling
>your license you could still use that particular loop.
>If you plan to sell the CD license now you would actually have to cut out
>the loop from your tune as you are not allowed to use it anymore.
>With, say, a hardware synth things are totally different. If you created a
>song with it you simply would've to record its output to audio before
>selling it. In the end you wouldn't be able to modify that sound too much
>anymore.

I don't think this example holds (if I understood it correctly; I'll
handle two possible meanings below).

Assume you used Logic and EXS24 to create some unique sound. Then you
have used the algorithms in that software (which IMO is an important
part of the software) and you can continue to use those applied
algorithms after having sold the software. And that's definitely
allowed.

And for conitinuing to use _some_ parts of a CD:
That would be an infringement of the copyright and you simply are not
allowed to do it. If you want to continue to use some of the CD for
_new_ productions then either not sell it in the first place or
purchase a special licence for that particular sound. Period.

>Nobody's gonna tell me he/she's gonna delete all their backups,
>sort out ALL their patches just to make sure not a single sample
>of the (now "to be transferred") used AKAI CD is going to remain
>on their harddrives/CDs.

Are you saying you never would believe me if I told you I had
deleted ALL copies and all installed sounds from my soft-/hardsynth,
song folders etc. before I sold you a sample CD ?

Assuming that's what you meant then I fail to see why you would
believe me if I told you I have removed all copies of my M$ Office.

I'm not sure wether your line of reasoning is based on the assumption
that there are just too many places to look for. If that's what you
mean you'd be accusing me of incompetence (there is EXSManager to
find those dublicated samples). And even _if_ such a sample would
"survive" the big purge and it "surfaces" at some later time I would
have to delete it then. Otherwise I'd infringe copyright. If I was
willing to delete them at the time of sale there IMO is no reason to
assume I won't do it now (I could have copied the samples front up
anyway, just in case).

>I think he was sucessful though. I doubt that after this thread anybody
>would post some eventually created EXS patches anymore.

Actually I *WILL* create this Djembe patch unless someone else will
do it. I only need some spare time and fix a problem with starting
Logic that crept in yesterday...

FWIW I think Christian Hellinger simply did not read carefully what
was written and had a jump start. Unfortunately he did not take the
opportunity to put things straight after things became clear to him.

>I mean, c'mon, don't tell me you didn't expect such things to
>happen, no?

As I said: I think Christian Hellinger didn't understand what was
going on. I'm not even sure he acted as an YT official. I could
easily imagine him acting as private person in good faith protecting
the seemingly threatend assets of his company.

If _that_ would be the case I could as well imagine him having received
some not so nice words from his superiors for blowing it...

Best,
Michael
--
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 Michael Gerdau       email: mgd@...
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