Selling Adam Szabo Viper VST

Discussion in 'Selling / Buying' started by Swatch, Aug 25, 2024.

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  1. Jack Doee

    Jack Doee Member

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    Sorry bro. I'm a chilled Dude and for the record, I'm ALL for the little man. But entitlement is the one thing that will always push me over the edge... And if I were this guy I would tread more lightly because even a puppy licence will only go so far...
     
    Last edited: Aug 26, 2024
  2. Gwydion

    Gwydion Kapellmeister

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    there aure some key points to consider:

    1. Exhaustion Principle: the European Court of Justice (ECJ) ruling states that the principle of exhaustion applies to software purchased online. This means that once Adam Szabo sells a license for his software, he loses the right to control the further distribution of that software. Therefore, he cannot outright prohibit resale through a contract.

    2. Contractual Restrictions: In the End User License Agreement (EULA), a developer can set certain conditions for resale. However, these conditions must comply with existing laws. A blanket prohibition on resale might be considered invalid since it would conflict with the exhaustion principle.

    3. Permissible Restrictions: A developer might impose practical requirements to regulate the resale, such as deactivating the original buyer's access or transferring credentials to the new buyer. Such conditions might be allowed as long as they don't effectively prevent the resale.

    4. National Implementation: It's also important to note that while the ECJ ruling applies across all EU member states, the specific implementation and interpretation can vary by country. Local laws or court rulings in individual countries could also influence the outcome.

    In summary, a clause that contains conditions that unlawfully restrict or effectively block resale is very likely to be invalid and contrary to the ECJ ruling.
     
    Last edited: Aug 26, 2024
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  3. yabiss

    yabiss Platinum Record

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    Obviously there is the law. It says you can resell software. And there is the reality check, once sold ,Adam can refuse to update it. Who in his right mind is going to sue for that even with the law on your side?

    That being said, i'm really happy with Viper. It perfectly suits my needs. It's not like we're talking about reselling Nexus complete or Avenger with all expansions here. We are talking of a unique cheap synth.

    EDIT : For Adam, i have a friend dying to put his hands on a Mac version? is he going to be a happy camper or a sad catlady for the remaining of his life?
     
  4. maxy_10

    maxy_10 Ultrasonic

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    I'll take the deal, see you in court sir
     
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  5. clone

    clone Audiosexual

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    https://dsp56300.wordpress.com/ostirus-downloads/. version for dog people. That JD emulator only has one patch called Sad Trombone.
     
  6. Swatch

    Swatch Producer

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    Hey guys and Adam..
    Sorry I didn't read the forum here actually.

    I can understand Adam.
    A buyer who buys a used license is a lost customer for him.

    Honestly I need to say that my experience with selling the license was really bad.
    People offered me almost nothing. But the software is definitely worth the price.

    So I accept Adam's terms and wish.
    I didn't knew it.
    And I stop to offer the license.

    When a moderator could please close the thread.

    And sorry Adam. I wish you all the best
     
  7. maxy_10

    maxy_10 Ultrasonic

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    Well, i'll have to keep using PrinzEugen one :bleh:
     
  8. amintvs

    amintvs Noisemaker

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