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Can you sell software on ebay (Arturia Analog Factory)?

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  • Can you sell software on ebay (Arturia Analog Factory)?

    Hi

    I was just checking are you allowed to sell Arturia Analog Factory on ebay (UK) it comes with the box and ilok usb stick, i'm not sure if there are rules against selling software and also if you can do I have to do anything with my computer which it is on, I will delete it as I've never really liked it but I need to do anything else?

    Cheers

  • #2
    You have to look at your software license and see if it admits transfer of license. For some companies, e.g. Spectrasonics, this is not allowed. Most software companies that do allow a license transfer require that you obtain an official license transfer from them directly, and they often charge a nominal fee for this. I would check the Arturia web site, contact their support, and also look at the Marketplace forum at kvraudio.com as there is a list maintained there of developers that do not admit license transfers (a quick search within the marketplace forum for "Arturia license transfer" will give you a happy result).

    KVR Marketplace forum is also a good place to advertise software for sale.
    <div class="signaturecontainer">Gribs<br />
    <font size="3"><br />
    <font size="1"><i>...Music can be used to stimulate mass emotion, while mathematics cannot; and musical incapacity is recognized (no doubt rightly) as mildly discreditable, whereas most people are so frightened of the name of mathematics that they are ready, quite unaffectedly, to exaggerate their own mathematical stupidity.<br />
    </i><br />
    G.H. Hardy in A Mathematician's Apology (London 1941).</font></font></div>

    Comment


    • #3
      Thanks for the quick response, its a lot more complicated than selling a ps2 game.

      Could I ask if this is the same with an apogee duet or is this basically just hardware with some software with it?

      Cheers

      Comment


      • #4
        It's legal to resell any legitimately purchased (ie, not pirated) item, as long as you transfer all ownership of it. These license clauses stating otherwise have been shown to be not legally binding as they violate a legal right known as "first-sale doctrine". Autocad already tried to enforce such a license clause, and lost:

        http://arstechnica.com/tech-policy/news/2009/10/autocad-resale-ruling-a-messy-win-for-first-sale-doctrine.ars

        Given this precedent, it would be a foolish software company that tried legally enforce such a license clause.

        That said, there's no requirement for a company to guarantee a second-hand item works. For example, if the product uses some DRM that requires some online "activation" to work, a company doesn't have to provide that activation for a resold copy.

        But if your product uses an iLok dongle, it doesn't appear that you need worry about that. Just sell the entire package (including dongle).

        Comment


        • #5
          I just saw one on local Craigslist and was tempted but didn't bite - granted some ppl sell warez on there but as long as the license and dongle are transferred, its cool.

          I think in the instance of Maschine, NI's license isn't transferrable on the educational version but it is on the full one.
          http://soundcloud.com/liliththekitten

          Comment


          • #6
            That is false about spectrasonics. I recently sold Omnisphere. You need to get there permission, and they generally exact a rather exorbitant fee, but they do allow you to sell it. In my case, it took them so long to respond that they waived the fee.

            You have to look at your software license and see if it admits transfer of license. For some companies, e.g. Spectrasonics, this is not allowed. Most software companies that do allow a license transfer require that you obtain an official license transfer from them directly, and they often charge a nominal fee for this. I would check the Arturia web site, contact their support, and also look at the Marketplace forum at kvraudio.com as there is a list maintained there of developers that do not admit license transfers (a quick search within the marketplace forum for "Arturia license transfer" will give you a happy result).

            KVR Marketplace forum is also a good place to advertise software for sale.

            Comment


            • #7
              There is even a thread on kvr about companies that do not allow transfer of licenses. I generally try to avoid business with such companies.

              On the other hand, while you might win legally, and I think it's totally ok ethically (I just don't 'buy' this nonsense about not owning the software), I think that most people are not going to make a lawsuit out of it. You might buy someone's software, but then the company might not let you download it, update it, etc - you would not be a full owner unless you brought them to court - and I think that's going further than most people are going to go for software that might cost a couple of hundred dollars or less.

              It's legal to resell any legitimately purchased (ie, not pirated) item, as long as you transfer all ownership of it. These license clauses stating otherwise have been shown to be not legally binding as they violate a legal right known as "first-sale doctrine". Autocad already tried to enforce such a license clause, and lost:

              http://arstechnica.com/tech-policy/news/2009/10/autocad-resale-ruling-a-messy-win-for-first-sale-doctrine.ars

              Given this precedent, it would be a foolish software company that tried legally enforce such a license clause.

              That said, there's no requirement for a company to guarantee a second-hand item works. For example, if the product uses some DRM that requires some online "activation" to work, a company doesn't have to provide that activation for a resold copy.

              But if your product uses an iLok dongle, it doesn't appear that you need worry about that. Just sell the entire package (including dongle).

              Comment


              • #8
                That is false about spectrasonics. I recently sold Omnisphere. You need to get there permission, and they generally exact a rather exorbitant fee, but they do allow you to sell it. In my case, it took them so long to respond that they waived the fee.


                Out of curiosity drool, what did you get for Omnisphere? Also what is the fee that Spectrasonics charges usually? I am not planning to sell my copy atm.

                I apologize for providing false information! The gossip has been that you can't sell Spectrasonics products *officially*, and it is good to know that this is not true. It definitely kicks the company up a few ticks in my internal "esteem order" list.

                I have no internal ethical problem with the idea of selling a legitimate piece of software "as is" as long as the buyer is capable of installing and running it (I don't want to try to bilk someone out of money for something they can't use) and as long as the buyer is aware of any license transfer requirements if they want to do that. It seems to be general "good karma" on KVR marketplace for a seller to advertise that they have already obtained approval for a license transfer and the fee is such-and-such. This seems to be the spirit of the legal decision described in the link provided by j_e_f_f_g. However I also think it is reasonable for the developer of the software to charge a fee for transfer of license at their end if the license includes future benefits tied to the developer such as technical support and/or continued delivery of updates and/or cross-grade discounts for their other products. I think this is also in the spirit of the same legal decision. Being a technical person and not an attorney, "legalese" drives me crazy, but my lay-person's interpretation of the judge's comments regarding the decision is something like "everyone play nicely now; users buying second hand software don't expect developers to bend over backwards for you unless you give a little to them; developers be nice to second hand users and let them play but you don't have to invite the second hand users next time unless they give you a little to join your club." I also agree that this is not a problem for most users and developers, especially in comparison with outright piracy of the software.
                <div class="signaturecontainer">Gribs<br />
                <font size="3"><br />
                <font size="1"><i>...Music can be used to stimulate mass emotion, while mathematics cannot; and musical incapacity is recognized (no doubt rightly) as mildly discreditable, whereas most people are so frightened of the name of mathematics that they are ready, quite unaffectedly, to exaggerate their own mathematical stupidity.<br />
                </i><br />
                G.H. Hardy in A Mathematician's Apology (London 1941).</font></font></div>

                Comment


                • #9
                  i can't remember what I got, but usually (at kvr at least) the going rate for used software is 50-60%. If you're patient, or if someone really wants something badly, you can get a bit more. I believe that Spectrasonics usually charges $50, but I may be remembering incorrectly.

                  I have no trouble with a reasonable fee, but the fee isn't always reasonable. For instance, fxpansion (at least they used to) charges $50 to transfer their software. They wanted to charge me $50 to transfer their au to vst wrapper software, which had cost me $79, and I think listed for $99. I have boycotted their products since that point.

                  Comment


                  • #10
                    You can sell Garritan orchestra as well, so long as you pay the $50 license transfer fee.

                    Comment

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