EXS 24 Logic Sampler Users Group

[Advance note: all legal stuff I'm referring to below is based on
german law. Other countries may have different laws.]

>true. wine goes away once it's used... samples stay on your hard drive
>and you can use them again and again.

Being able to use them again and being allowed to aren't the same.

If I recall correctly this discussion was not about what we could
do if we wanted to but what we are actually allowed to.

>> but the manufacturer of this product determines the conditions under
>> which the user may USE his product. And what I've understand from
>> this discussion is that the YT manufacturer sees the YT product as
>> undividable, so the software-interface + available sounds *must* be
>> used as 1 product.

What manufacturers write in their licences is one thing. Wether or
not such is legally valid (i.e. hold up in court) is a completely
different thing. As far as I understood this discussion we are
talking about the later thing.

From my point of view samples are just the same as software.
I can create multiple copies from software just like samples.
I can continue to use software after selling the original stuff
just like samples.

Still any article prohibiting resale of software is null and void.
At least in germany. IMO rightfully so.

I have yet to see the conceptual difference between samples and
software in this regard - I _can_ always completely remove all
copies from my HD and from older songs (not the final mixes but
that not required) etc.

Anyone care to explain what is the qualitativ difference ?

>> So it's not the question what technically is
>> possible to separate or manipulate. The question is 'how does the
>> manufacturer wants us to use the product to its orignal intention
>> (producing sound/music)'.

By publishing his stuff he relinquishes some of the control he has
over it. Very much like a composer who publishes the score of his
work. He may no longer prohibit public performance of it though he
is entitled to a fee for each and every performance. But prohibiting
it is no longer possible after publishing the score.

A similar argument goes with sold products in general and software
and samples in particular.

It simply is not the case that a manufacturer may write into his
licences whatever he wishes and once you purchased the product
that licence is binding. If parts of a licence contradict common
laws than at least those parts are null and void.

>> So to some degree, yes, the manufacturer tells us what glass to drink
>> from....and has the right to (due to a license agreement between
>> manufacturer and client/user).

As I wrote above:
Even though he may want to tell us what glass to drink from...he
simply does not have the right to do so. Period.

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