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Can purchased content be resold?
Posted: 08 November 2012 12:34 PM   [ Ignore ]
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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?

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Posted: 08 November 2012 12:46 PM   [ Ignore ]   [ # 1 ]
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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.

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Posted: 08 November 2012 12:47 PM   [ Ignore ]   [ # 2 ]
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No.  DAZ and other stores do not allow the resell of content or program liceneces

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Posted: 08 November 2012 12:54 PM   [ Ignore ]   [ # 3 ]
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If you don’t have any interest at the moment, why not just give yourself some time off?

I’ve never heard of anyone selling their account.

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Posted: 08 November 2012 02:56 PM   [ Ignore ]   [ # 4 ]
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Thank you for your replies!
Just too bad, all that money wasted. With an “analog” hobby, I could at least have made some of it back smile

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Posted: 08 November 2012 04:52 PM   [ Ignore ]   [ # 5 ]
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natrix natrix - 08 November 2012 12:34 PM

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.

 

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Posted: 08 November 2012 05:22 PM   [ Ignore ]   [ # 6 ]
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Taozen - 08 November 2012 04:52 PM
natrix natrix - 08 November 2012 12:34 PM

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.

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Posted: 09 November 2012 12:36 AM   [ Ignore ]   [ # 7 ]
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I actually do live in Europe. That’s interesting! Does anyone have a link?

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Posted: 09 November 2012 01:50 AM   [ Ignore ]   [ # 8 ]
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Mattymanx - 08 November 2012 05:22 PM
Taozen - 08 November 2012 04:52 PM
natrix natrix - 08 November 2012 12:34 PM

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 smile
if you would stop your hobby… for something else.
i don’t think ebay is the right place to sell this.

 

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Posted: 09 November 2012 05:08 AM   [ Ignore ]   [ # 9 ]
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Mattymanx - 08 November 2012 05:22 PM

3D content is not a computer program

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.

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Posted: 09 November 2012 05:10 AM   [ Ignore ]   [ # 10 ]
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natrix natrix - 09 November 2012 12:36 AM

I actually do live in Europe. That’s interesting! Does anyone have a link?

It’s a ruling of the European Court: http://www.dw.de/oracle-loses-court-fight-over-software-resale-rules/a-16069323

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Posted: 09 November 2012 06:18 AM   [ Ignore ]   [ # 11 ]
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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.

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Posted: 09 November 2012 06:25 AM   [ Ignore ]   [ # 12 ]
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Richard Haseltine - 09 November 2012 06:18 AM

pressure to switch to subscription-based licenses.

do you mean, monthly based subscribtion licenses to use 3d content?

no thx
that means the end for me.

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Posted: 09 November 2012 06:43 AM   [ Ignore ]   [ # 13 ]
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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.

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Posted: 09 November 2012 06:59 AM   [ Ignore ]   [ # 14 ]
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Bejaymac - 09 November 2012 06:43 AM

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.

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Posted: 09 November 2012 07:02 AM   [ Ignore ]   [ # 15 ]
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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.

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