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

Don't worry this wont be a pissing contest. Hey we build samplers, we know the fine line of sound
copy protection. My advise, don't come into a forum announce you are going to distribute factory
sounds, free or not. I can't take a blind eye when it's that blatant. Other than that, I'm not going
to get into details of any legal actions we have taken or have not. Bottom line, if you have a
sampler, for gods sake use it and sample away. Distribution is when things become complicated. BTW,
all the riffs and patterns are yours, the users, do with them as you like.

sean at e-mu




                                                                                                                                       
                      "allenscheer2003"                                                                                                
                      <dansgold@quiknet        To:       xl7@yahoogroups.com                                                           
                      .com>                    cc:                                                                                     
                                               Subject:  [xl7] Re: New poll for xl7                                                    
                      02/19/2004 12:42                                                                                                 
                      PM                                                                                                               
                      Please respond to                                                                                                
                      xl7                                                                                                              
                                                                                                                                       
                                                                                                                                       




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





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