[deleted by user request]
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VSL Complete Pro Edition + 3 Horizon Products
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[[:|]] heimi,
this is a severe violation of the license agreement and i ask you to cancel this post by yourself.
if there is an exceptional situation which would permit a license transfer please get in touch with us first - i also have to ask for removement of the ebay offer.
for a better understanding: VSL is NOT a software, it is a licensed content
christian
and remember: only a CRAY can run an endless loop in just three seconds. -
To CM
Now i have a question about prohibited re-sales
Is it legal to prohibit that ?
I'm an expert in French intellectual laws and i'm sure that's it is illegal in France.
I don't know what is the content of austrian laws about that, but it is prohibited by european laws in the UE.
I know that it appears in the license agreement, but that kind of license agreement is not valid.
Intellectual properties CAN ALWAYS BE SOLD !
As soon as it was sold to a customer one time, it can be sold again by that customer. it's hard to explain for me because english in not my main language...
you can only ask the seller to communicate the identity of the buyer to know who has the license rights.
TO HEIMI
I'm interested in buying some of the horizon series sets and i'm quite interested by your offer HEIMI. I'm not far from you (Basel). Can you tell me a price for each horizon serie set ? i cannot buy the whole thing sorry, it's to much money for me. (i'm student)
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welcome rada,
so in france you can resell licenses like the right to print a photo or to screen a film or whatever? sorry, this is not true - not for europe and not for USA and a lot of other countries. please see the terms of license
christian
btw: please provide a valid email address in your profile
and remember: only a CRAY can run an endless loop in just three seconds. -
Yes but i just explained that license agreement is not valid if illegal.
That is called abusive clause.
The prohibition of re-sales is Illegal
Who made this license agreement ? are you sure it was a specialist ?
Trust me i'm in 6th year of law studies and i'm specialist in intellectual laws and multimedia laws.
That kind of agreement can be applied to US products only because their copyright laws allows this.
I'll search the legal text that applies to your case...
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rada, sorry to say that, but what you mention is related to software, not to copyrighted content.
the licensor (VSL) grants a series of rights to the licensee (user) - sub-licensing, renting, copying for other than personal use, unauthorized license transfers are none of these.
christian
and remember: only a CRAY can run an endless loop in just three seconds. -
After some research i found the translation of what i was saying
It's called "exhaustion of international intellectual property rights" and is written in a european directive which applies in all european countries.
I don't understand how you can say it is copyrighted content !
copyright is an american concept that doesn't exist in Europe at all.
It's incredible that companies cannot spend a few more money to pay a specialist to write a valid license agreement.
I'm sure you just copied another company license agreement you found on the web. lame
i'll not continue this debate. i just wanted to point on that problem because i see that question on many forums. Companies are definitely wrong !
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Don't want to discuss the legal questions here... I just don't understand how one purchases the horizon series products to give them away plus a very large discount on pro edition... within a maximum of 3 months! Besides knowing about the issue it is not resellable according to VSL's terms (he is asking not to remove the post).
PolarBear
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Ah, a thread on legal concepts. [H]
Rada is correct, the European Court uses the concept of "exhaustion", which basiscally means that by selling a copy the author exhausts his control over further resale of that copy. In short, a buyer is free to do as he pleases with his copy. (Obviously though, the buyer can't make a copy and then sell the original and keep the copy.)
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[:D] rada, you should immediately return to your professors which told you copyrights do not exist in europe ....
a quick search for *urheberrecht* turns up that dedicated acts go back at least to 1965 (austria, germany) and in europe this goes back to gutenberg and later kant - if you can read german, please visit http://www.geschichte.hu-berlin.de/nutzerhi/urhg/right3.html
and again i have to ask you for providing a valid email address in your profile - this is not a forum of anonymous rioters
christian
and remember: only a CRAY can run an endless loop in just three seconds. -
jean, this goes much farther ...
you cannot even print parts of a book in say a newspaper (although you might have bought the book) without asking the author or holder of the copyright - that's pretty clear, isn't it?
even if you cite someone, you have to provide the reference
as far as it's related to vsl - you could sell the DVDs, but you will have to close an agreement with the licensor regarding the license itself
christian
and remember: only a CRAY can run an endless loop in just three seconds. -
[28] Copyright protection under this Directive includes the exclusive right to control distribution of the work incorporated in a tangible article. The first sale in the Community of the original of a work or copies thereof by the rightholder or with his consent exhausts the right to control resale of that object in the Community.
Note: this applies to the European Community only.[/quote][/b]
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To put it simple: You would be able to sell the plain DVD (the _media_), if it were possible to completely wipe its data.
You're not able to sell the _content_, as you didn't buy it, and you therefore don't own it: you licensed it. _We_ own it.It's incredible that companies cannot spend a few more money to pay a specialist to write a valid license agreement. I'm sure you just copied another company license agreement you found on the web. lame
Yeah, right. [:D]
/Dietz - Vienna Symphonic Library
/Dietz - Vienna Symphonic Library -
jean, basically you are right. VSL grants you the right to *make copies* of the samples (using them for a well defined purpose - make music). by doing so the licensee himself generates another copyright (the one on the composition, arrangement, song, cd, ect).
the license VSL grants does not include the right to transfer this right to *make copies* to a third person.
in other words: please differentiate between the book (as a series of pages and paper) and the content of the book (the words, pictures, ect)
christian
and remember: only a CRAY can run an endless loop in just three seconds. -
the license VSL grants does not include the right to transfer this right to *make copies* to a third person.
Yes, but remember, he's not reproducing his DVDs, he's selling his original ones (at least I hope so!)
The whole "exhaustion" argument of the european court would amount to nothing if the rights to the license itself would not be transferable as well. After all, this issue applies to software just as much as it does to sample CDs. The legal provision would make no sense otherwise. So yes, from a laywer's point of view I think this issue, at least for the European Community, is pretty clear. [;)]
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jean, you're a musican. you write a new song. you decide to publish it on cd. you go to somebody and grant him the right to print cd's and sell them in europe for one year.
it this guy eligible to sell them in japan? - no. is this guy eligible to stream it over internet? - no. is this guy eligible to sell it 2006? - no. is this guy eligible to sell tapes with this music? - no. is this guy eligible to *sell* this right to [insert company of choice here]? - no (unless you granted him the right to do so)
and please don't cite decisions of european courts which do not apply
after you sold your copy of a book based on the *exhaustion* argument, you are still not entitled to publish it's content in a newspaper
christian
and remember: only a CRAY can run an endless loop in just three seconds. -
and please don't cite decisions of european courts which do not apply
Such an example is not comparable, we are after all discussing distribution rights under copyright law. The European legislation is pretty clear; VSL as a company exhausts its right to control distribution as soon as they, or someone authorized, sells that copy to the consumer. This means that if I buy a VSL product from, say, Best-Service I can resell the original. The statement in the VSL license that one can't, to European customers at least, is in violation of European legislation as well as national law (assuming the directive has already been transformed into national law, I'm not sure how far individual countries are with this).
after you sold your copy of a book based on the *exhaustion* argument, you are still not entitled to publish it's content in a newspaper
A quick word on the "decision of European courts"; jurisprudence by the European Court of Justice applies to all member states, their decisions are just as valid and carry similar effect. A national court can also ask them as to how to interpret European Community law. You do realize that European law is invading national legislation more and more? [:)]
I'm off for some well-deserved rest, I hate getting up at 12 PM. [:D] G'nite all.
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[:)]
This means that if I buy a VSL product from, say, Best-Service I can resell the original.
problem is, you don't buy the original, you pay for a license to use a copy
well, my day has also been long enough, g'nite too
christian
and remember: only a CRAY can run an endless loop in just three seconds.
