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

Please see my comments interleaved below:

--- In xl7@yahoogroups.com, Aaron Eppolito <synthesis77@y...> wrote:
...
> Ripping the samples out one by one, repackaging them, and
> redistributing them is NOT customary use, and is NOT LEGAL.  Period.

If you had been keeping up on this discussion, you'd know that I 
agree with this point. You'd also know that it is clear that nobody 
is talking about "ripping" the raw sample data from Emu ROMs.

> Remember here that the copyrights are on the SAMPLES, not the 
synthesis
> engine.  You're getting confused between the synthesizer and the 
source
> material.  Under your argument, you'd be able to sample your CD 
player
> playing the newest CD, burn copies, and redistribute them.  
Obviously
> illegal.  "But I'm just sampling my CD player, not the music" you 
cry. 

One important differnce is that the CDs in question all have a clear 
copyright notice printed on them. The other important difference is 
that - again - nobody is suggesting just ripping the samples and 
selling them. I certainly don't do that, and I hope nobody else in 
this forum does either.

The other important distinction - again - is that I am not suggesting 
any such direct "ripping" of samples. Even if it were legal, it's 
sure-as-hell unethical. 

> The reason you can sample a Moog synth and resell it is because 
you're
> not sampling source material.  You are creating something, then
> capturing it.  Just the same, you couldn't copy the factory presets 
of
> that synth and redistribute them on a floppy.  Source material vs.
> final product.

Well ... maybe. Yamaha (for instance) holds a patent (or an exclusive 
license from Stanford, I forget which) on FM synthesis. This is why ( 
I am told) NI pays a license fee for FM synthesis, and why FM7 costs 
as much as it does comapred to their other emulations.

Also, where do you draw the line? If I open up the filter on a Emu 
patch a bit, increase the filter attack a bit, decrease the amp 
attack a bit ... I've "created" something?

> There's nothing stopping you from creating new sounds, sampling 
them,
> and reselling them.  You cannot, however, sell the original 
samples. 
> Of course, this is where the fine line is.  At what point is it "new
> material"?  Is putting an exciter on the raw samples enough?  
Probably
> not.  Is running it through the synthesis engine, applying effects,
> etc?  Probably.

Well, fine ... that's exactly what I do, and what I think has been 
suggested on this forum by others. Isn't irksome however, that the 
most you feel comforatble saying is "probably" or "probably not"? 

I take Sean's statements to mean that everything I am personally 
doing to be "cool" as far as Emu is concerned. I certainly don't plan 
on ripping off the original samples and selling them.