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Re: Nebula 3 Pro For Sale

Postby misterambient » Sat Aug 20, 2011 2:40 pm

Mplay wrote:
AlexB wrote:I'm sorry but you can't resell the AlexB libraries as the End User License Agreement says (user manual and now on the website also).
The customer purchases the right to license the use of the programs, not the actual ownership of a copy of the program. So it is illegal and no support, upgrades or discount for the "new" purchaser.

People probably forgot that we are single person developer, and not big companies. We try to give the lowest possible price confiding in the sales to be able to develop new programs.

Only to be clear.

Alex


I'm not picking sides, but would like to add that EULA's are looking to become obsolete under the upcomming directive european consumer rights (sec 2008/614)

Mplay LLM ;)


Amice,

Of course this is an interesting legal topic which is absolutely open for academic debate, however, I would like to add that for now,

1. the proposed consumer rights directive hasn't been implemented yet;

2. it will, if and when implemented in its current form, have ''immediate effect'': it won't be retroactive law - so no effect on old cases casu quo signed / click and accept / web-wrap agreements before the implementation of the directive;

3. the agreement between consumer H and developer AlexB stands as it is and is enforceable in court: H committed himself to AlexB's EULA / Terms Of Service;

4. offering this sofware on a public forum without AlexB's consent could set an undesired precedent and is a direct violation of AlexB's EULA / Terms Of Service.

Have a nice day,

misterambient LL.M.

http://www.musicajuridica.com
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Re: Nebula 3 Pro For Sale

Postby richie43 » Sat Aug 20, 2011 2:44 pm

Wow.I completely understand both sides. I am self employed and deal with the concepts of time+labor=money and food every day. But I also am one human on a big planet trying to coexist with a billion other humans on the same planet in positive and supportive manner. I have gladly sacrificed a penny for my "brother or sister" many times and eventually reaped rewards 100 times my sacrifice. That universal law of Karma, regardless of a persons religious or philosophical affiliations, is unavoidable and powerful. Or to sum this up by repeating the beginning of the post....
Wow.
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Re: Nebula 3 Pro For Sale

Postby Mplay » Sat Aug 20, 2011 3:41 pm

@misterambient:

Amice,

I was only pointing out these kinds of eula could become obsolete when the directive is adopted in it's current form. I should have been more clear and I should have started a new topic, rather then posting in this thread. I wasnt in any way trying to suggest violating any eula's.
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Re: Nebula 3 Pro For Sale

Postby yr » Sat Aug 20, 2011 5:24 pm

We can argue about what is legal, moral and ethical all day long, but it's not going to help anyone. This is an exceptional situation, and sometimes exceptions need to be made.
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Re: Nebula 3 Pro For Sale

Postby richie43 » Sat Aug 20, 2011 7:54 pm

yr wrote:We can argue about what is legal, moral and ethical all day long, but it's not going to help anyone. This is an exceptional situation, and sometimes exceptions need to be made.
Yuval


I wasn't trying to argue any of those angles. I was actually encouraging all parties towards a quick and friendly resolution. Keep it fair and humane, for both sides.
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Re: Nebula 3 Pro For Sale

Postby yr » Sat Aug 20, 2011 8:10 pm

Couldn't agree more. I was referring to the EULA discussion.
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Re: Nebula 3 Pro For Sale

Postby richie43 » Sat Aug 20, 2011 8:19 pm

yr wrote:Couldn't agree more. I was referring to the EULA discussion.


Yeah, me too in my "subtle" 40+year old pseudo-pacifist ways....
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Re: Nebula 3 Pro For Sale

Postby woeischris » Sat Aug 20, 2011 9:33 pm

I kind of feel that reselling Nebula libraries is a slippery slope towards people selling copies of libraries illegally. No library is expensive enough that it warrants resale, as far as I'm concerned, and I sort of feel that part of the understanding when buying such inexpensive but professional-quality libraries is that once you buy it, you are stuck with it. Support the developers directly.
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Re: Nebula 3 Pro For Sale

Postby HIFIDELITY » Sat Aug 20, 2011 10:32 pm

woeischris wrote:I kind of feel that reselling Nebula libraries is a slippery slope towards people selling copies of libraries illegally. No library is expensive enough that it warrants resale, as far as I'm concerned, and I sort of feel that part of the understanding when buying such inexpensive but professional-quality libraries is that once you buy it, you are stuck with it. Support the developers directly.

Hi,I do understand you and others but we are not talking about one £10 library! I have spent hundreds with Acustica and 3rd party devs and everyone of them understood my situation and was so kind and gave me there permission but Alex just never replied to my emails! and beleive me i tried VERY hard! Anyhow i really dont want anyone bickering and argueing about this,life is far to short and important,beleive me! I would those like to say a massive thank you to those that have supported me(you know how you are) i really appreciate it. Maybe its a good time to lock the thread now? because i feel responable for the heated debats and it makes me feel bad! So mods if you could lock the thread i would really appreciate it? If you dont/cant PLEASE people,do not fight over me! As i said lifes to short and its really not worth it. Also IF i have offended anyone over all this,please exept my apology,it was never my intension! Now please,go and enjoy your life,have fun and make beautiful music. Kind Regards Jay p.s If anyone lives in london and is intrested in a Novation Remote SL37 Keyboard/Controller for £120 PM me? Exellent ondition/Boxed
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Re: Nebula 3 Pro For Sale

Postby woeischris » Sun Aug 21, 2011 12:47 am

Hey man, far be it for me to tell you what to do! I was just stating my opinion on the situation but I'm not passing judgment on you for disagreeing.
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