What is considered piracy?

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countrylac

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I was recently reading a few forums where people were even jumping on people because they were trading music software with some of there friends. Most of these were high school students just getting into recording. This wasn't 500 dollar plus software like Cubase SX or Sonar or Samplitude Pro. It was more like Magix Music Maker and Acid which cost around 50 dollars if you by it out of a store like best buy. I have even been blasted for my own collection of software that I didn't actually buy. Wait before you start in a rage because it was given to me by the guy I used to with in a studio. He closed down his studio gave me all his software and paid the fees to transfer the liscence it to me. I tried out everything and the ones I didn't like or couldn't be legally reregistered I don't use. So now I know some younger kids who may give some software to, but I will also paid the fee to transfer the liscence to them. I've talk to some people who still think I'm cheating. Ok if I'm to purchase a new version of a say Samplitude 8 Professional and pay like 800 dollars what's wrong with me paying another 50 dollars or so to be able to give my older version to someone else?
 
I will only give the software to someone else if the company allows for the transfer of the liscence. Alot of companies are doing that now. I know Magix allows for this. I think this is great way to help people really see what software to buy. For example I was given Samplitude 7 Professional and the transfer of liscence was paid. I used 7 so much that I upgraded to Classic 8 just to use some of the new features. And I will upgrade to Professional 8 if 9 isn't scheduled to come out too soon after I first upgrade my PC. It my hope that legally giving someone else software will help them figure out what software they really like and if they are serious about recording, they will become loyal customers.
 
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countrylac said:
I was recently reading a few forums where people were even jumping on people because they were trading music software with some of there friends. Most of these were high school students just getting into recording. This wasn't 500 dollar plus software like Cubase SX or Sonar or Samplitude Pro. It was more like Magix Music Maker and Acid which cost around 50 dollars if you by it out of a store like best buy. I have even been blasted for my own collection of software that I didn't actually buy. Wait before you start in a rage because it was given to me by the guy I used to with in a studio. He closed down his studio gave me all his software and paid the fees to transfer the liscence it to me. I tried out everything and the ones I didn't like or couldn't be legally reregistered I don't use. So now I know some younger kids who may give some software to, but I will also paid the fee to transfer the liscence to them. I've talk to some people who still think I'm cheating. Ok if I'm to purchase a new version of a say Samplitude 8 Professional and pay like 800 dollars what's wrong with me paying another 50 dollars or so to be able to give my older version to someone else?
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I would say whoever calls that piracy is a jackass, considering it is in fact perfectly legal. What you described would fall under the legal category of a gift, the kind of gift you get on your birthday, and theres a nice long definition of it and how incredibly LEGAL it is under the Uniform Commercial Code Article 2. The assholes that are accusing you of piracy are just pissed they had to pay the money for it.
 
Anomaly Design said:
I would say whoever calls that piracy is a jackass, considering it is in fact perfectly legal. What you described would fall under the legal category of a gift, the kind of gift you get on your birthday, and theres a nice long definition of it and how incredibly LEGAL it is under the Uniform Commercial Code Article 2. The assholes that are accusing you of piracy are just pissed they had to pay the money for it.
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Again, not ALL software can have their license transferred, but MOST can. Read the EULA, as mentioned above.

The important point to grasp is that you never OWN the software (it is IP, after all), you are leasing it.
 
Personally, whether the EULA says you can or not, as long as when you give it to someone, that you no longer have the means to also use it, than you are OK. At least ethically OK and in my opinion:)
 
xstatic said:
Personally, whether the EULA says you can or not, as long as when you give it to someone, that you no longer have the means to also use it, than you are OK. At least ethically OK and in my opinion:)
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I agree. The thing that was sold originally was a single seat, and as long as that stays the case, I don't see any moral transgression in any form of transfer. The sticky part is transferring support, which truly is something you lease. It's lease period is generally the lifespan of the version, and continued support usually means becoming the registered user and paying for SW upgrades.
 
Robert D said:
I agree. The thing that was sold originally was a single seat, and as long as that stays the case, I don't see any moral transgression in any form of transfer. The sticky part is transferring support, which truly is something you lease. It's lease period is generally the lifespan of the version, and continued support usually means becoming the registered user and paying for SW upgrades.
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Ethically, I agree. What Iwas getting at is that certain EULAs forbid the transfer. You do not get support, and you cannot upgrade the software.

While you may ethically have an issue with this, it is still piracy. Whether you tolerate that piracy is another thing.

FWIW, personally I believe all software should be transferable.
 
fraserhutch said:
Again, not ALL software can have their license transferred, but MOST can. Read the EULA, as mentioned above.
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I'm not an IP lawyer, but I do have a strong background in the field. I can say with about 99.999% certainty that any EULA that forbids transfer of a software license is not legally enforceable, as it violates right of first sale ensured by the UCC, among other things.

Ah, in fact, thanks to Wikipedia, I can even cite precedent for my legal opinion on the matter. At least in my federal district, such EULAS aren't worth wiping my ass on them.

Same technically goes for charging so-called "transfer fees", though if the fees are reasonable, most people won't have the balls to sue the company for the right to transfer it without fee. That said, if I were transferring twenty copies, it might be worth the court costs for a small claims suit.
 
Fine, you can challenge them all you want, doesn't change the fact that there are EULAs that state that the license is non-transferable.

Again, I'm talking what is, not what should be.

dgatwood said:
I'm not an IP lawyer, but I do have a strong background in the field. I can say with about 99.999% certainty that any EULA that forbids transfer of a software license is not legally enforceable, as it violates right of first sale ensured by the UCC, among other things.

Ah, in fact, thanks to Wikipedia, I can even cite precedent for my legal opinion on the matter. At least in my federal district, such EULAS aren't worth wiping my ass on them.

Same technically goes for charging so-called "transfer fees", though if the fees are reasonable, most people won't have the balls to sue the company for the right to transfer it without fee. That said, if I were transferring twenty copies, it might be worth the court costs for a small claims suit.
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