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?
You would have to contact DAZ regarding the transfer of licenses for the software. Last time I asked about a transfer of license was back in the days of Curious Labs and they made it very plain that my bosses could transfer aka give me the license for P4 but they could not sell it to me.
As for content, no, I don’t think so. I think that falls under the heading of redistribution and perhaps even copyright infringement. Most EULA’s specify that you are purchasing the right to use the product. You don’t actually own the product.
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?
In Europe it has recently become legal to resell digital content regardless what the EULA says, so if you’re located there it shouldn’t be a problem.
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?
In Europe it has recently become legal to resell digital content regardless what the EULA says, so if you’re located there it shouldn’t be a problem.
That is only true for a software licence. 3D content is not a computer program, it is a user file. The law in Europe refers only to computer software.
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?
In Europe it has recently become legal to resell digital content regardless what the EULA says, so if you’re located there it shouldn’t be a problem.
That is only true for a software licence. 3D content is not a computer program, it is a user file. The law in Europe refers only to computer software.
no no, it’s for every digital file.
you can resell everything here if you have proof of owner ship and bills….
it’s great of use
if you would stop your hobby… for something else.
i don’t think ebay is the right place to sell this.
Take a look inside any Poser or Studio format file, that’s clearly a computer programme. Poser and Studio are simply the interpreter through which they execute.
Which means that we are likely to see increasing pressure to switch to subscription-based licenses. Definitely a Pyrrhic victory, assuming it holds up.
It may well require another case to establish whether the judgement applies to content as to applications but in the meantime, the DAZ position remains that content cannot be resold.
UsedSoft’s business model hinges completely on reselling used packages or legally obtained license keys for them.
This whole thing hangs on the part in the quote I’ve highlighted, this ruling only counts for software with a license key, AKA serial number, it doesn’t count for software your “leasing” from a company. So while you could resell DS and any plugins you might have bought, it stops you from selling any content you’ve bought as without a license key you don’t actually own it, DAZ/Rendo etc and the vender’s are the owners, you just have an indefinite lease allowing you to use it.
UsedSoft’s business model hinges completely on reselling used packages or legally obtained license keys for them.
This whole thing hangs on the part in the quote I’ve highlighted, this ruling only counts for software with a license key, AKA serial number, it doesn’t count for software your “leasing” from a company. So while you could resell DS and any plugins you might have bought, it stops you from selling any content you’ve bought as without a license key you don’t actually own it, DAZ/Rendo etc and the vender’s are the owners, you just have an indefinite lease allowing you to use it.
The whole point of the EC judgement is you can sell the lease, license keys are just another form of lease/contract.
According to UK solicitors Goodwin Proctor:
“For Directive 2009/24 to apply, the first sale must occur within the European Union and the exhaustion right only applies within the European Union” (my emphasis). I don’t think a purchase from DAZ counts as a sale occurring within the EU (for customers from the EU it is an import—we do not pay VAT on it, for one thing).
This ruling does specifically apply to computer programs. I think it’s debatable as to whether the 3D assets such as those sold by DAZ are computer programs and I think this is something a court will have to decide, so I would not be attempting to sell 3D content (if, say, I had bought it in the EU) just yet.
Another UK law firm, Charles Russell, gives the opinion that “[t]he principles involved may well extend to other products which can be sold digitally, such as films, music and books” (my emphasis) so I think we will be looking at more court cases before the legality of re-selling downloaded content other than computer programs is established.
