DMCA Notice Received from Aurora Graphics

[Fred Weiss]

Simply put a timer on the dvd.
It times out one year from now.

When the unauthorized copy times out,, its done forever.
When the authorized copy times out then the owner calls up and gets a new dvd mailed to him with some FREE goodies extra.

You win, the original purchaser scores some extra goodies and wins.
The unauthorized copy loses.

I did that with one of my dvd's and suddenly one day I get a call about a replacement for a dead dvd. Sorry, but I have no record of you ordering one. From whom did you purchase your copy? Ansewr,,,click...

And this would work how through the reseller channels? What prevents a user from copying all to their hard drive and recreating the DVD?

I understand where you're coming from but it won't protect my files once removed from the DVD; goes against the standard of the industry in creating a backup copy; and it is liable to inconvenience legitimate customers.

 

[jiarby]

First Sale Doctrine is well litigated... a EULA does not preclude a person from selling their software to anyone they want. Just ask the AutoCAD folks.

I think that producing digital content of any kind is a risky business proposition because there is no real way to protect your intellectual property. Movies, Music, Art, Fonts, Books, etc... all have the same problem.

 

[signswi]

Sure there is, it's called subscription model. Software as a Service (SaaS), the direction everything is going. Culture things like movies, music, etc. you make money from verticals through the IP. It's a new world .

 

[btropical.com]

Get em Fred ! I am guessing you will be running a special ?

 

[iSign]

since someone revived an ancient thread...

I have a brown bag for sale

 

[njshorts]

​

that photo isn't uploaded to signs101.com!























please dont ban me either, and check your PMs

 

[john527]

well it looks like I will sell it at a flea market!

 

[TyrantDesigner]

Wow, old thread.

Sell it on craigslist.

as for aurora graphics ... why the heck would anyone buy something they can do themselves with fricken alien skin products http://www.alienskin.com/ ... seriously ... that is all they used.

Here is the tutorial for their p.o.s. graphics.

import vector shape >load up eye candy > make graphics 'WICKED' >save, import and resize to vector outline ... done.

 

[jasonx]

It's illegal in Australia to force users to accept a licence without being able to read that licence before they accept it.

Having a seal that states you agree to something you can't read isn't legal here. So good luck enforcing it down here.

 

[SightLine]

They do put the licensing terms on a card outside the actual sealed disc sleeve now.... You have every opportunity to read it before breaking the seal.

I do dislike the no-resale part but in some ways I understand why they have it. I'd hope that if you bought some of their graphics in the fist place you did so because you had a live job sold that is going to effectively pay for it anyways. In that respect it costs you nothing to begin with so why get so bent when you cannot profit on something that was free? I do agree that a lot of their stuff is easily made yourself. They do have a few things that are a bit more complex though and would be pretty time consuming to recreate just in rendering time alone.

It's illegal in Australia to force users to accept a licence without being able to read that licence before they accept it.

Having a seal that states you agree to something you can't read isn't legal here. So good luck enforcing it down here.

 

[visual800]

this what adobe thinks also which is BS! I will list and sell whatever I buy. If I get busted Ill try again. Nothing is permanent realtionships dont last forever. There is so much pirated vector crap out there its ridiculous and to be honest this collection does suck and has always sucked.

If I but something it's mine, when it's mine Ill do what I want with it. The hell with all those hidden EULA and your right IF this was spelled out before you bought something no one would buy

I wish everything in life was right out front, no lies, no coverup, all spelled out

 

[spudstr]

a DMCA has nothing to do with someone selling something on a forum.

a DMCA only relates to when someone posts the actual content of such work online in an un-authorized fashion or is distributing it online in an unauthorized fashion.

Ask me how I know? 7+ years in the MSP/hosting world and involvement in several law suits.


Marc Randazza (randazza.com) is our legal group for this sort of work

 

[66duane]

tell the RIAA that,,

I think aurora abused the DMCA in this case. Yes, none of us wants to get into a contest over something like this. However, there is fair use exemptions that could apply. I am no legal authority but it could be something to know.

Case in point. The DMCA was used against an Ebayer who sold music cd's. He was constantly attacked by the music industry and Ebay removed his posts several times. In the end he won his case and got a nice check. The ruling said resellers could do whatever they wanted with the cd content since it was legally purchased. Even though the labels and licenses said not for resale. They ruled the DMCA does not apply to the "resale" of copy righted content no matter what the label or license said..

Plus...
If I remember right..

Shrink wrap licenses are illegal in some states. Shrink wrap means you automatically accept the license terms when you break the wrapper. But, you cannot read the license until you break the shrink wrap makes it non bindable.

On another point. There is a way to slow down the passing along of cd's full of content.
I did it with my dvd I sold a few years ago. It was made so that any unauthorized copy would shut off ofter a certain period. I know it worked because I got a couple calls on those trying to replace them.

check with the RIAA, they sued hundreds on copyrite violations,,,,,,,

 

[phototec]

check with the RIAA, they sued hundreds on copyrite violations,,,,,,,

This is all very interesting, from time to time I use Digital Juice Drops (layered Photoshop files) in designs I make, over the years I have purchased a few sets off ebay and I have duplicate copies, so I decided to sell the un-used duplicates and listed them on ebay.

After the first day of the listing on ebay, I was notified by ebay that they received a complaint from Digital Juice regarding end user violation, and ebay removed my listing.

Since then (last year), I have seen a few Digital Juice Drops for sale on ebay?

 

[visual800]

old post

 

[WildWestDesigns]

First Sale Doctrine is well litigated... a EULA does not preclude a person from selling their software to anyone they want. Just ask the AutoCAD folks.

Actually, this decision was reversed in September of that year by the Ninth Circuit Supreme Court. Vernor was denied by the Ninth District and the Supreme Court to have his case heard again after that in 2011.

For those that don't know, the case is Vernor v Autodesk. In fact, EULA is/was considering binding no matter how restrictive it may be in that decision if I'm not mistaken.

 

[WildWestDesigns]

When I buy something its MINE! I will do whatever I want to with it. If I am tired of it and it has to go I will sell it. If I am made to remove it (ebay, craigslist or whatever) I will relist it. EULA can KMA! The BSA can also KMA and I have told them that several times. Dont back down from these people they can govern nothing. I have gotten emails from the BSA before and called the reps back, not email them and backed both of them in a corner after they made ebay pull my adobe illustrator auctions.

You do realize that a EULA protects you as well don't you? Of course, I know your not much of a contract man, but for those that use contracts, especially the ones that use approval sheets that state that this is for approval purposes only and does not mean transfer of ownership etc. All that means squat, because that's effectively a EULA. Also, for those that sell sign/layout designs separate from their customer purchasing the logo, that would also fall under the protection of a EULA as that EULA would mean that they don't own the logo. Without that, I could easily see it going in their favor for the logo being theirs as well.

I have a hard time reconciling those that advocate things illegally, especially when they are talking about software that is used for business purposes. If you are doing business correctly, you should be able to recoup the cost of your software purchase relatively easily, especially the cost of Adobe software.

Their are also other methods to mitigate illegal sales on Ebay. Wilcom does quite well with theirs. The only time that I see one of their software for sale on a site like Ebay is when the business went belly up (for whatever reason).

 

[versitalbear]

There is no one law that overrides all the other laws, read on.

We have received a DMCA Take Down demand from Aurora Graphics today with which we have complied. It seems that a member here in good standing had placed a classified ad to sell his legally licensed versions of three Aurora Graphics products.

So everyone knows this law does exist however there are hundreds of others that also allow for and permit certain things you can do and not do with your software, this one law sounds like it covers it all, but it also must follow the other laws on the books that limit what you can and cannot do.
IN MY OPINION, FRANKLY ANY COMPANY WHO BELIEVES THIS ONE LAW WILL PROTECT THEIR DIGITAL SOFTWARE, needs to have someone with some money show them they are completely wrong, and also frankly if I was looking for any products that this company sells and I was informed they believe this law protects their software in the way the describe, I would tell them to get a life and I would go to a more responsible, ethical, and honest company.


Prof. Buck

 

[Techman]

IN MY OPINION this company must be Republican owned because they would be the only businessmen who would do such a unethical way of doing business

Oh Bullshyte,,, Why the hail you have to go there?

 

[Vinylman]

So everyone knows this law does exist however there are hundreds of others that also allow for and permit certain things you can do and not do with your software, this one law sounds like it covers it all, but it also must follow the other laws on the books that limit what you can and cannot do.
IN MY OPINION, FRANKLY ANY COMPANY WHO BELIEVES THIS ONE LAW WILL PROTECT THEIR DIGITAL SOFTWARE, needs to have someone with some {beach balls} show them they are completely wrong, and also frankly if I was looking for any products that this company sells and I was informed they believe this law protects their software in the way the describe, I would tell them to get a life and I would go to a more responsible, ethical, and honest company.


Prof. Buck

WELL! Bucky, step right up and take "YOUR' " best shot.

Typical NUB, stepping on his own Oscar Mayer. You just show up here and think you can solve nuclear waste problems?? Good Luck Bunkie!!