Emu XL-7 & MP-7 User's Group

I really don;t want to get into a pissing contest with you, Sean ... 
but I would like to know under what legal principle or mutual 
agreement you are making these threats?

I just checked all of the material shipped with my MP7, Halo and 
additional ROMs ... there is no restrictive license - "shrink wrap" - 
or otherwise ... anywhere.

It seems to me that you MIGHT have a case were someone to find a way 
to digitally rip the actual samples from the ROMS and resell them ... 
I'd support Emu's right to protect their intellectual property in 
such a  case.

But people have been sampling drum machines (and other electronic 
instruments) for quite some time now. There are several sample sets 
sold or offered free of Emu Drumulators, SP12s, etc. ... why no 
action in those cases? It is in fact an "intended use" of such 
equipment. There is ZERO case law supporting the notion that you can 
forbid such activities, absent any restrictive license agreed upon by 
both parties.

Forbiding - or even threatening legal action - against such customary 
and intended use of your products is (at worst) possible grounds for 
RICO action. At best it's antagonistic against your customer base, 
who wish only to use the product they purchased in a customary manner.

Again, I am not trying to just throw barbs at you ... no animosity 
here I assure you.

You might want to discuss this with Emu's legal dept.



--- In xl7@yahoogroups.com, Sean WILHELMSEN <seanw@e...> wrote:
> We will be releasing this material in other forms. We will take 
legal actions to protect our
> Intellectual property.  Do not do this for any of our Sound ROMs. 
I  didn't want to be the heavy,
> but this would be bad.
> 
> sean at e-mu