Can purchased content be resold?

2»

Comments

  • TheWheelManTheWheelMan Posts: 992
    edited December 1969

    Ledhead said:
    I think it's unethical to "sell" your purchased digital content because it's far too easy to sell it to 2 people, or ten, or a thousand. All it would take is a few a-holes doing such a thing to force content creators to lock their files down so that it was either too complicated or too expensive for most of us to continue.

    This is where it being illegal to do so. If I wanted to I could sell what I have purchased and no one would be any the wiser, but it would be illegal, so I am not going to do that.

    If I had the right to sell the items one time and then was required to delete the items, then that is what I would do.

    The point I am making is there are people who are going to sell things illegally anyway, so what difference does it make.

    There are people who are going to commit murder anyway, so what difference does that make?

  • MurgatroydMurgatroyd Posts: 585
    edited December 1969

    RawArt said:
    ruekaka said:
    How is the opposite true? Truth = everyone agrees to not redistribute

    Sorry, what I meant was that you can agree to an EULA, but if an item of the EULA is against the law in your country you must not follow it (at least if you are a private person, not a company).

    The EULA is a contract between you and the company you purchase from.
    If you violate the contract then you are liable.
    It is that simple.

    No, it's not that simple. If the contract terms themselves are against the law, you are not liable. This is especially true in cases where there was no opportunity for negotiation, and one party was in a 'take it or leave it' position.

  • LedheadLedhead Posts: 1,586
    edited December 1969

    Ledhead said:
    I think it's unethical to "sell" your purchased digital content because it's far too easy to sell it to 2 people, or ten, or a thousand. All it would take is a few a-holes doing such a thing to force content creators to lock their files down so that it was either too complicated or too expensive for most of us to continue.

    This is where it being illegal to do so. If I wanted to I could sell what I have purchased and no one would be any the wiser, but it would be illegal, so I am not going to do that.

    If I had the right to sell the items one time and then was required to delete the items, then that is what I would do.

    The point I am making is there are people who are going to sell things illegally anyway, so what difference does it make.

    There are people who are going to commit murder anyway, so what difference does that make?

    I don't see there was anyone reason for that comment. I made a valid point that certain people do not care about something being legal or not, but most people are honest and those honest people are going to do what is right. If those honest people are not able to sell the content then they won't, but if they were allowed to sell it one time only, then that is what they will do.

  • LedheadLedhead Posts: 1,586
    edited December 1969

    It goes the other way also. I could get music and movies all day long for free, but I don't, I have purchased all of my music (I have no idea how much music I have, but it's a lot) and every movie I own (900 DVD's and Blu-Rays). I just wouldn't feel right doing it any other way.

  • JasmineSkunkJasmineSkunk Posts: 846
    edited November 2012

    RawArt said:
    ruekaka said:
    How is the opposite true? Truth = everyone agrees to not redistribute

    Sorry, what I meant was that you can agree to an EULA, but if an item of the EULA is against the law in your country you must not follow it (at least if you are a private person, not a company).

    The EULA is a contract between you and the company you purchase from.
    If you violate the contract then you are liable.
    It is that simple.

    No, it's not that simple. If the contract terms themselves are against the law, you are not liable. This is especially true in cases where there was no opportunity for negotiation, and one party was in a 'take it or leave it' position.

    Agreeing to not distribute is not against the law in anyone's country. RawArt is correct... it is a voluntary contract between you and another party.

    edit: It would be really sad to me if DAZ 3D could no longer sell products to certain countries....

    Post edited by JasmineSkunk on
  • icprncssicprncss Posts: 3,485
    edited December 1969

    Can we leave murder out of this?

  • anikadanikad Posts: 1,860
    edited November 2012

    Agreeing to not distribute is not against the law in anyone's country. RawArt is correct... it is a voluntary contract between you and another party.

    edit: It would be really sad to me if DAZ 3D could no longer sell products to certain countries....

    How do you know that? Are you familiar with the law in every single country in the world?

    A voluntary contract is still void if the terms are against the law in a particular country.

    Post edited by anikad on
  • ruekakaruekaka Posts: 271
    edited December 1969

    It would be really sad to me if DAZ 3D could no longer sell products to certain countries

    Why should that be a consequence of that? Normally I purchase my stuff to use it and not to sell it to someone. It's not the case that a sowtware company could not exists in europe just because the european people are allowed to sell/buy used software.

  • TheWheelManTheWheelMan Posts: 992
    edited December 1969

    icprncss said:
    Can we leave murder out of this?

    My point is that you could make the aforementioned comment about any and every law every created. Either they all "matter" or none them do. Whether or not people can get away with it, or who will and won't follow the law, is irrelevant. It just is what it is. Such a statement as "it doesn't matter" adds nothing to the conversation, and in my view, is also wrong. With murder, it matters, regardless of whether or not someone will do it anyway. Therefore it also matters in this case.

  • LedheadLedhead Posts: 1,586
    edited December 1969

    icprncss said:
    Can we leave murder out of this?

    My point is that you could make the aforementioned comment about any and every law every created. Either they all "matter" or none them do. Whether or not people can get away with it, or who will and won't follow the law, is irrelevant. It just is what it is. Such a statement as "it doesn't matter" adds nothing to the conversation, and in my view, is also wrong. With murder, it matters, regardless of whether or not someone will do it anyway. Therefore it also matters in this case.

    I did not say it doesn't matter, I said what difference does it make in which I was referring to certain people or going to ignore distribution of digital content anyway and others will do what is right, so if a person sells more than one then they would just as well sell the item whether they were allowed to or not. If that was understandable or not.

    Sorry if there was any confusion or if I created more confusion.

  • JasmineSkunkJasmineSkunk Posts: 846
    edited December 1969

    ruekaka said:
    It would be really sad to me if DAZ 3D could no longer sell products to certain countries

    Why should that be a consequence of that? Normally I purchase my stuff to use it and not to sell it to someone. It's not the case that a sowtware company could not exists in europe just because the european people are allowed to sell/buy used software.

    Perhaps not...but there are plenty of things I can not order from various places because of differing laws.

  • TaozenTaozen Posts: 2,232
    edited November 2012


    Agreeing to not distribute is not against the law in anyone's country. RawArt is correct... it is a voluntary contract between you and another party.

    But the EU ruling clearly states that you are allowed to resell regardless of what the EULA says.

    Parts of Microsoft's software EULA is not binding in my country either, despite you agree to it by clicking "Next", because they are not legal according to our local laws.

    Post edited by Taozen on
  • TaozenTaozen Posts: 2,232
    edited December 1969

    ruekaka said:
    It would be really sad to me if DAZ 3D could no longer sell products to certain countries

    Why should that be a consequence of that? Normally I purchase my stuff to use it and not to sell it to someone. It's not the case that a sowtware company could not exists in europe just because the european people are allowed to sell/buy used software.

    I don't think I'd sell much of my stuff either. As for 3D content probably just a few items which I've accidently bought twice, and some of the Rendo stuff which cannot be returned even if you don't like it.

  • DAZ_KevinDAZ_Kevin Posts: 1,585
    edited December 1969

    No, sorry.

    Over the last 10 years I have purchased software and content for thousands of dollars both here at DAZ and at other stores. Now I have completely lost interest in rendering, and was wondering if I am allowed to sell all this stuff, for example on Ebay. Or easier still, can I simply sell my store accounts complete with saved downloads?

  • LedheadLedhead Posts: 1,586
    edited December 1969

    DAZ_Kevin said:
    No, sorry.
    Over the last 10 years I have purchased software and content for thousands of dollars both here at DAZ and at other stores. Now I have completely lost interest in rendering, and was wondering if I am allowed to sell all this stuff, for example on Ebay. Or easier still, can I simply sell my store accounts complete with saved downloads?

    Is that all we get is a "No Sorry"?

    Why no sorry?

    Can there be an explanation as to why other than because that's just the way it is and other than because the EULA says so?

  • MattymanxMattymanx Posts: 3,482
    edited December 1969

    For clarification of the new european law, talk to a european lawyer.

    You may be surprised to find that despite your location in the EU, you may not qualify since your purchase had to cross a boarder inorder to occur. Just because we can do international shopping online does not mean that our laws go with us. All EULA you argree to from DAZ3D is governed by Utah State Law and US Federal Law because you bought the software and content directly from DAZ3D who is located in the USA and then downloaded from their US servers. If you had instead bought from a EU based site or a CD in any EU nation then that law would apply. But in short, laws of one country DO NOT cross over into another. The EU nations are an acception since those nations agreed to have shared laws.

  • ruekakaruekaka Posts: 271
    edited December 1969

    All EULA you argree to from DAZ3D is governed by Utah State Law and US Federal Law because you bought the software and content directly from DAZ3D who is located in the USA and then downloaded from their US servers.

    You are right, that's true for Utah, but if the guy who agreed but not follow the EULA never goto the U.S. you will hardly get him to the court.
    BTW it's the same from the other side. It happened to me several times in the past (before I stop buying such software) that software that I legaly purchased by the vendor and that must be activated after registration could not be activated any more. In one case the original vendor sold the rights of the SW to another company and neither the old nor the new company was willing to activate my software again (it was the second activation after buyiing a new PC). What can I do? Obviously nothing, although the right is on my side.
    Personaly I think that one should follow the EULA he/she agreed to (just to make that clear), but the point of the discussion was a bit different.

  • Richard HaseltineRichard Haseltine Posts: 19,963
    edited December 1969

    The original question has been answered - no DAZ 3D does not allow the resale of purchased content.

    While the desire to examine the EU ruling and speculate on its applicability is understandable we are not lawyers so any such discussion is unlikely to settle any matters of fact, or change any opinions - given that there have already been some wild speculative leaps it is time to lock this thread.

This discussion has been closed.
Rocket Fuel