OLD Versions of Cakewalk......

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mdortona
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2004/10/03 21:19:34 (permalink)

OLD Versions of Cakewalk......

Hi Everyone!

Like many of you I'm sure, I have multiple versions of Cakewalk/ProAudio/ Sonar etc and have no clue what to do with them. Since the EULA agreement prohibits selling the old copies, that's out. Anyone have any other ideas? Thanks!

Matt D'Ortona
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    ba_midi
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    RE: OLD Versions of Cakewalk...... 2004/10/03 21:31:28 (permalink)
    Keep them for historical purposes ;)

    Also, some of the plugins that came with the older versions are still usable, so if you have the space, just let 'em stay where they are.


    ORIGINAL: mdortona

    Hi Everyone!

    Like many of you I'm sure, I have multiple versions of Cakewalk/ProAudio/ Sonar etc and have no clue what to do with them. Since the EULA agreement prohibits selling the old copies, that's out. Anyone have any other ideas? Thanks!

    Billy Arnell (ba-midi)

    http://www.ba-midi.com/music/files
    Music gives me life, so I give life Music.
    Thanks for listening - Let's Dance to the rhythm of life! :)
    #2
    Guest
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    RE: OLD Versions of Cakewalk...... 2004/10/03 21:34:41 (permalink)
    hi matt,
    i called cakewalk to ask if i could give (at no cost) my older copy
    of Sonar to a friend of mine. However, even though no money changed
    hands, this was considered a transfer of my license to someone else. This is
    not allowed. The bottom line is .. when you buy Sonar .. *you* buy
    it and no one else. Therefore, the best you can do is to recycle the
    materials in an environmentally sound manner ;-)
    perhaps it might be possible to "gift" it to a school or some other non-profit,
    but you would have to obtain Twelve Tone's permission in order to do so.
    perhaps they would consider it .. although they do have considerably discounted
    prices for academic institutions already.
    jeff
    #3
    bongo boy
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    RE: OLD Versions of Cakewalk...... 2004/10/03 21:55:26 (permalink)
    Just because it says something in the EULA doesn't make it legal.

    Microsoft got smacked down for this very thing (license reselling) and I believe it was ruled illegal; you CAN resell your software.
    #4
    johndale
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    RE: OLD Versions of Cakewalk...... 2004/10/03 22:24:34 (permalink)
    Ok, I am a Licensed Land Surveyor, Officer of the court; I studied and interpret law, expert witness, legal descriptions, environmental law, property law (used to, kids grown, Now I do what I've always done, play music, But still LICENSED). What is happening here is when you buy your first copy of Cakewalk, that is when you are buying your license, after that you are purchasing an upgrade to that license. I reason' you could sell your license, but you would be giving up all your rights to use Cakewalk any of your versions, that is how the MS ruling would most likely would affect this. See in laymen’s terms, when you buy an upgrade Morten is not selling you another license; he is selling you an upgrade to that original license DONE DEAL. If there are any lawyers out there I will argue this interpretation of the law. I miss the work I did for 30 years sometimes. But that is why you cannot transfer a previous disk.................JDW
    #5
    Guest
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:10:14 (permalink)
    it is true that you can sell your software (ie the media and book),
    however you cannot grant the license to use it to another person.
    if the other person wants to read the book and admire the artwork
    on the CDROM ..so be it. but, they're *not* allowed to use it.
    i would urge you to abide by this .. because i really don't want to
    have to deal with dongles and all the other crap .. i know if feels funny
    to have old copies of Sonar being idle .. but giving it to someone
    takes a potential sale away from cakewalk ..
    and that's not right IMHO. Sonar 2 and 3 are pretty potent programs
    even though they're "old."
    jeff
    #6
    notfadeaway...
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:17:32 (permalink)
    Well, I don't want to crash this thread because I have only just started using Sonar and have no intentions of selling it. But I am bored at work and VERY intrigued by this.......So let's say I have Sonar 3 Producer. I want 4. I completely uninstall Sonar 3, and want to GIVE it to a friend....Then buy 4 and put it on my computer......is this wrong?

    ADK Intel i7 3.6Ghz
    Sonar Producer X3
    RME FireFace 800



    #7
    Brad Russell
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:23:47 (permalink)
    Yes, that is wrong.
    #8
    Guest
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:27:51 (permalink)
    it's wrong actually ... once you installed the software and clicked on the
    "I agree" button .. you became the licenser .. even if you uninstall
    it and never use it again. as mentioned prior, twelve tone does
    not allow you to transfer your license to another person.

    now, if you bought your friend a copy of Sonar .. you never installed it
    and he or she installed it and becomes the licenser . then not only would
    be an exemplary friend, but all would be cool legally.

    jeff
    [edited for tense correction]
    < Message edited by jmarkham -- 10/4/2004 3:35:46 PM >
    #9
    NYSR
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:48:21 (permalink)
    ORIGINAL: bongo boy

    Just because it says something in the EULA doesn't make it legal.

    Microsoft got smacked down for this very thing (license reselling) and I believe it was ruled illegal; you CAN resell your software.


    US Court Ruling EULA

    What courts have decided is to permit the transfer of a specific license IN WHOLE for bundled software never installed. No court, to the best of my knowledge, has ever permitted a licensed user to transfer their license to an earlier USED version while retaining license to an upgrade version obtained as an upgrade.

    If you bought Sonar 4 at the upgrade price, then it is forever associated with the eralier version(s) that gave qualified you for the upgrade price. If there were any legal decision made contrary to the EULA as stated it would have to include ALL current and prior copies as an entire unit.

    Courts have also upheld the right of consumers to publish bench marks or reviews even though forbidden by EULAs.
    http://www.freedom-to-tinker.com/archives/000264.html

    Be Inc, released BeOs forbidding users to talk among themselves, to compare results, or publish test results. Nonetheless, such a requirement are unenforceable. This particular point has not yet been challanged by people who would love to publish DataBase benchmarks for Big industries.

    Courts have ruled that a purchaser of bundled PRE-INSTALLED software is entitled to a refund if the EULA warns them not to install it if they do not accept the EULA. Toshiba, for example, was forced to refund the cost of preinstalled windows OS for users who declined the EULA and installed Linux instead. The EULA specifically told the user to return the product to place of purchase for a full refund if they could not accept the EULA.

    EULA language that is overly manipulative or assertive for the technology rights of the author is likely to be mellowed out in favor of users if and when it gets to court. But I would not encourage anyone to volunteer to finance their own test case. knowhatimean!



    Cakewalk customer since Apprentice version 1, PreSonus 16.4.2 ai, 3.5 gHz i7

    #10
    notfadeaway...
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:51:32 (permalink)
    Yes, that is wrong.


    Wow, this is interesting stuff....I must be really bored...........Can't say I totally agree, after the version is off my computer and useless to me, but then again, I'm not a lawbreaker so I would just suck it up and use it as a doorstop! thanks for the answer.

    ADK Intel i7 3.6Ghz
    Sonar Producer X3
    RME FireFace 800



    #11
    jphilpit
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:52:23 (permalink)
    I'm not a lawyer, and don't play one on television. But I think the common sense answer to notfadeaway's question is that if you buy the S4 at the new-purchase price, now you have two licenses and can arguably sell the S3 license to someone else for their exclusive use.

    But if you buy an upgrade (probably at a reduced price) then you're not buying a new license, only piggybacking on the old license. In that case, both S3 and S4 use the same license and it is unarguably illegal to sell the S3 for someone else to use (as opposed to being able to admire the artwork on the CD).

    To make this argument even more specific:
    -- new-purchase price of S4PE from Cakewalk: $959 (includes license)
    -- upgrade price from S3PE to S4PE: $179 (no new license included)

    That is, Cakewalk is charging $780 for the license and the new features.
    < Message edited by jphilpit -- 10/4/2004 4:06:31 PM >

    John Philpit
    Windows XP, 2GB RAM, 2.4GHz dual-core P4, MA FireWire410, S7PE, Sibelius 5, all the EastWest PLAY products
    #12
    notfadeaway...
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:54:08 (permalink)
    But if you buy an upgrade (probably at a reduced price) then you're not buying a new license, only piggybacking on the old license.



    yeah , that was my thinking, I was buying a new license, thus giving up any right to the old one, but apparently not.....upgrade, or not, same deal. it's wrong.....huh

    ADK Intel i7 3.6Ghz
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    #13
    NYSR
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:55:59 (permalink)
    Cakewalk used to have more copy protection than they do now. They used to require a CD Key and a serial number.

    I remember being shocked when Cakewalk version 5 installed on my computer when I left both the serial number and CD key entry fields blank!

    I uninstalled it and reinstalled it with the correct information just to make sure - but what a surprise!



    Cakewalk customer since Apprentice version 1, PreSonus 16.4.2 ai, 3.5 gHz i7

    #14
    ghijkmnop
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    RE: OLD Versions of Cakewalk...... 2004/10/04 15:58:03 (permalink)
    I'm not a lawbreaker so I would just suck it up and use it as a doorstop! thanks for the answer.
    Keep the old versions for when all the DRM/DMCA stuff gets really out of hand and you decide to go back to Windows 9x and a PII-450.
    #15
    buddylee61
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    RE: OLD Versions of Cakewalk...... 2004/10/04 16:06:13 (permalink)
    ORIGINAL: ghijkmnop

    I'm not a lawbreaker so I would just suck it up and use it as a doorstop! thanks for the answer.
    Keep the old versions for when all the DRM/DMCA stuff gets really out of hand and you decide to go back to Windows 9x and a PII-450.


    LOL Jeff I actually have a Win98 PII 450 sitting in my office unused right now....I was wondering why I was saving it...
    #16
    buddylee61
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    RE: OLD Versions of Cakewalk...... 2004/10/04 16:08:50 (permalink)
    Heres another scenario.
    I am running Sonar 3 PE on my DAW. I also have copies of S2.2XL and PA9. Is it legal for me to install one of those versions on my 14 yr old sons computer for him to use? He's a budding musician.
    #17
    notfadeaway...
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    RE: OLD Versions of Cakewalk...... 2004/10/04 16:09:27 (permalink)
    "Windows 9x and a PII-450."

    AAAAAAAAAAAAGGGGGGGHHHHHHH!!!!!!!!!!!!!!! NEVER !!!!

    I am 24, so I'm spoiled, I learned how to type on a Pentium II with at least Windows 95..

    What is this Windows 9x you speak of!??

    ADK Intel i7 3.6Ghz
    Sonar Producer X3
    RME FireFace 800



    #18
    jphilpit
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    RE: OLD Versions of Cakewalk...... 2004/10/04 16:20:38 (permalink)
    My not-a-lawyer status hasn't changed in the last few minutes, but...

    Anyone else, even is close a DNA replicant as your talented son, is still someone else, so you're violating the license agreement you agreed to when you installed your first Cakewalk license.

    Some companies allow a single person to install the software on 2 different computers (for example a desktop and a laptop), but the assumption is that the person will not use them simultaneously. I am not sure whether Cakewalk allows that. (I have to admit I didn't read the agreement very carefully when I installed S3.)

    John Philpit
    Windows XP, 2GB RAM, 2.4GHz dual-core P4, MA FireWire410, S7PE, Sibelius 5, all the EastWest PLAY products
    #19
    jphilpit
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    RE: OLD Versions of Cakewalk...... 2004/10/04 16:22:05 (permalink)
    What is this Windows 9x you speak of!??


    LOL, youth!

    Windows 9x is both Windows 95 and Windows 98.

    PS, I learned to type before there was even an IBM Selectric. (If you need to ask what that is, google it.)
    < Message edited by jphilpit -- 10/4/2004 4:31:20 PM >

    John Philpit
    Windows XP, 2GB RAM, 2.4GHz dual-core P4, MA FireWire410, S7PE, Sibelius 5, all the EastWest PLAY products
    #20
    Guest
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    RE: OLD Versions of Cakewalk...... 2004/10/04 16:28:15 (permalink)
    a single person to install the software on 2 different computers (for example a desktop and a laptop), but the assumption is that the person will not use them simultaneously. I am not sure whether Cakewalk allows that.


    yes they do allow you to install the software on more than one computer ..
    but you're not allowed to use them simultaneously (I don't know how one would do that ..
    but that's another topic ).

    in fact, if and when you install Sonar 4, they have a new checkbox to
    remind you of this. the wording of the checkbox made me re-read
    the EULA ;-)

    jeff
    < Message edited by jmarkham -- 10/4/2004 5:13:22 PM >
    #21
    mdortona
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    RE: OLD Versions of Cakewalk...... 2004/10/04 17:02:23 (permalink)
    Thanks for inputs folks!

    Matt

    Matt D'Ortona
    #22
    mtrainer
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    RE: OLD Versions of Cakewalk...... 2004/10/04 22:59:36 (permalink)
    I guess I'll start stacking all my cakewalk boxes up next to my stack of obsolete Flight Simulator Boxes, which sits next to my stack of obsolete Front Page boxes, which sits next to my stack of obsolete MS OS boxes (back to DOS 3.11), which sits next to ....

    Ya know, when I look back at how much money I've spent on software over the years....I could have supported 20 families in Sudan.

    Mark
    #23
    ghijkmnop
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    RE: OLD Versions of Cakewalk...... 2004/10/04 23:05:01 (permalink)
    Ya know, when I look back at how much money I've spent on software over the years....I could have supported 20 families in Sudan.

    I could say the same about my band equipment, studio equipment, cars, and beer. <g>

    It's the circle of (consumer) life.
    #24
    NYSR
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    RE: OLD Versions of Cakewalk...... 2004/10/04 23:23:29 (permalink)
    mtrainer
    Ya know, when I look back at how much money I've spent on software over the years....I could have supported 20 families in Sudan.


    Years ago I wanted to hook up my Dr 550 drum machine to my computer to see if it would improve the sound of my creative sound blaster as it played back MIDI files. So I bought a joystick/MIDI adapter cable. Inside the box was a freebie called Cakewalk Aprentice version 1. I loved it and used it for about a year. Then one day I wanted to print somthing from the staff view. But version 1 did not suport that feature. So I called Cakewalk and version 3 was just being released. I upgraded and bought every upgrade since then.

    Because the first copy I had was a freebie and because all the rest were at the upgrade price, it was not until buying Pro Audio 8 or 9 that I had paid as much over the years as it would have cost me to just by that current version outright.

    I thought that was pretty cool.



    Cakewalk customer since Apprentice version 1, PreSonus 16.4.2 ai, 3.5 gHz i7

    #25
    Zlartibartfast
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    RE: OLD Versions of Cakewalk...... 2004/10/04 23:33:24 (permalink)
    first I admit to NOT reading every entry in this thread
    that said:
    I have found that (most) of the old versions of CW that I have collected are still useful in some way or another - either because I still operate the hardware I originally installed it on, or because the old version did something that it's replacement didn't, or because I can use it to help someone else with a problem involving their copy (of the same version), or because I can show my friends (whenever they come by) what a dedicated Twelve Tone customer I am.
    Now I have to get back to my S4 manual, so if you'll excuse me....
    #26
    Blades
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    RE: OLD Versions of Cakewalk...... 2004/10/05 09:12:15 (permalink)
    LOL Jeff I actually have a Win98 PII 450 sitting in my office unused right now....I was wondering why I was saving it


    Make it a GREAT firewall for free.

    www.smoothwall.org

    Requires no knowledge of Linux, though that's what it runs on. You need to know a bit about networking (like which network card is which (inside or outside) in the firewall box), but the whole thing is pretty straightforward. You download a CD ISO image, burn it to CD, boot to that CD, fill out a questionaire of sorts (kinda DOS screen looking). Bang. You have a firewall. All of the details about it come up in a web site at the inside IP address on a selected port.

    Licensing is screwey - you should see what the Church has to go through just to be able to print words so the congregation can sing along.

    Blades
    www.blades.technology  - Technology Info and Tutorials for Music and Web
    #27
    thunderkyss
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    RE: OLD Versions of Cakewalk...... 2004/10/05 12:24:18 (permalink)
    Let's say I open a "professional" studio, based around a computer system running Sonar. If the License I aqure as the original purchaser is only good for my use and my use only, then I guess it would be wrong for me to lease out my studio?? That doesn't make sense.

    In the same sense, I have Cakewalk HomeStudio I bought years ago, I have it running on my old laptop, which my daughter is now the primary user of. I bought Sonar2.2XL, and upgraded from there to S3PE, so I have two Cakewalk licenses. If my daughter and I were a business, I guess it would be wrong to let her Farm out here services with the Laptop??
    #28
    C Hudson
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    RE: OLD Versions of Cakewalk...... 2004/10/05 12:34:07 (permalink)
    yup,

    If you've bought Cakewalk 1.0 for dos and upgraded everyversion to S4, even though you have 13 copies of cakewalk products, you still only have 1 licence to use them all. That cannot be given away or sold.

    Best

    CH
    #29
    Dancer
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    RE: OLD Versions of Cakewalk...... 2004/10/05 12:35:29 (permalink)
    And I learned to type before there were electric typewriters, although I think we had electricity.
    #30
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