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

IANAL, but this sounds like one of those legal gray areas, where the 
legal argument is along the lines of "it is a copyright infringement 
to resell samples as they are, unchanged", and the question 
becomes "how different is different enough to be legal in the eyes of 
the law?"

I can only speak for myself, but if some venture I was thinking of 
taking on fundamentally puts a copyright holder on the defensive, 
with only a foggy legal argument between me and a subpoena, I'd 
expect the long-term hassle to FAR outweigh the potential profit 
(which, in the case of sample CDs would probably buy you a cup of 
coffee and a book of stamps).

In other words...is it all worth it?

Side note: While typing this, I was remembering the serious price and 
ultra-serious copyright/EULA stuff I had to read and agree to when 
buying a sample CD set from Spectrasonics.  They make E-mu look like 
anarchy.  Spectrasonics expects to be credited on any commercial 
release in which their material was used.  I wouldn't want to get on 
the bad side of their legal team!  Jeez!




--- In xl7@yahoogroups.com, "allenscheer2003" <dansgold@q...> wrote:
> 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