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Re: [exs] Re: Majestic/Culture

2003-01-10 by Michael Gerdau

>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.

If I understood the argument for deciding all restrictions on
software resale are null and void correctly then a key point was
exactly this customer confusion described in the above paragraph.
I mean the very same concept of use you described for samples was
supposed to be in place for software. In fact samples are ofter
referred to as software too.

Last not least it simply is not true today that you purchase a
one time (one use) licence for all the samples on the CD. What you
purchase is a personal licence to use them as often and as long
as you like. That mayor may not have been different historically
(I don't know !) but does not apply today.

>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...

And that's a key point in the argumentation of courts (german ones
at least).

>but if you 
>think about how the industry evolved, it makes a lot of sense.

...but would (and IMO should) be completely irrelevant in a lawsuit
today.

>Resale would be so much easier for companies to deal with if 
>copies couldn't be made, and deauthorization was easy and 
>standardized.

This statement alone does not distinguish between sounds and
software.

>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.

Just replace sounds with software. See the similarity, the identical
line of reasoning ?

If it can be expected that a user has removed all copies of a software
(that is not dongled or otherwise crippled) then it can be expected
he has removed all sounds. I already mentioned that samples are
often called software too.

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