[Date Prev][Date Next]   [Thread Prev][Thread Next]   [Date Index][Thread Index][Author Index]

Re: [Samplestation] TRADING SAMPLES CD

Title: Re: [Samplestation] TRADING SAMPLES CD
At 8:34 PM +0000 3/27/01, Devious D_MasterMixer wrote:
I am curious ? Is this even legal ? After all that hallabaloo about Napster and electronic trading of media, can we sell, trade or even give away "software" ., even if we buy it ? For example, I have an old copy of Sonic Foundry Sound Forge 4.5 that I purchased. I recently purchased Sound Forge 5.0, now I no longer need 4.5, can I sell that ? Or trade it, if so what's the difference between that and trading on Napster (except that Napster has 1,000's of people trading 100,000's of files, and I have just 1 Sound Forge 4.5). Does the volume of the trade matter, or is it the principle of it all?

Selling, or even giving away, a copy of software is theft if you also retain a copy for yourself. When you purchase a copy of software you are not buying the software outright. You are paying for a license to use the software.

Different software companies have different policies concerning such licenses. Some are quite strict and consider it a breach of the license if you even run the software on more than one computer, and some companies even forbid the transfer of the license to another party. Other companies are more lenient and it is relatively common for transfer of a license to be authorized by the company. In this case you would have to give up all use of the software yourself, transfer your serial number and/or authorization code to the new licensee, and in some cases the new user would pay a fee for the transfer.

So in your specific case, if you bought Sound Forge 4.5 at full price and then you also bought Sound Forge 5.0 a full price, you could probably sell or give away the older version. But if you bought an upgrade from Sound Forge 4.5 to 5.0 at a special upgrade price, then your selling or giving away the older version is theft (or "piracy" if you prefer that term).

During my first year or so of using the Mac I stole all the software I had. I felt justified because I was poor and because I assumed that the software companies were probably rich (and anyway, they were probably bad people because they wanted money for their products). I took great delight in being able to "crack" copy protection and make copies of key disks. Then one day at the NAMM show I met someone I knew who had just started a software company and had two very "kewl" interactive MIDI  programs for the Mac. I HAD to have them, and I couldn't wait for someone to crack the copy protection. Besides, here was somebody I actually knew and he was creating something really great. I whipped out my newly-acquired credit card and bought both programs on the spot.

These days I'm less poor than I was, and I have personal and sometimes professional relationships with a lot of the people whose software I use. I have legitimate paid-for licenses for all the software I use. I recommend you do the same.

P.S. I'll be interested in what my friends at Steinberg, Cakewalk, E-mu,  Nemesys, eMagic, Spectrasonics,  et al  think about your "swap lists."

Richard Zvonar, PhD                    zvonar@zvonar.com                      
(818) 788-2202 voice                    zvonar@LCSaudio.com                            
(818) 788-2203 fax                      zvonar@well.com