• SONAR
  • Kvraudio willfully supports piracy of cakewalk products
2013/03/06 02:29:12
Linear Phase
For nearly a year, I've stumbled on several threads at kvraudio that remain unlocked, un-stopped; and violate the tos and corporate policies of Cakewalk.

Here is the most recent example.


http://www.kvraudio.com/f...iewtopic.php?p=5272225


iPhone screen shots I took of this unlocked thread you may dl from my box, as of now this thread has not been locked in about two days.


https://www.box.com/shared/ctmy3zg6aln1vsov71o2


Kvr is owned by muse, that is a US based bizz they are supposed to obey or laws.


I've been away from my home, doing some personal things in Tampa.. So I will will make this short, as I am iphone posting this...


1. Yes I have seen sonar being sold their.


2.  A Cakewalk lawyer should send them a  letter announcing legal action.


3.  Kvr is a bunch of hypocrites.  
2013/03/06 02:32:23
Linear Phase
Ah!! My typos, shucks. I won't be editing them.. There are reasons I posted here and not downstairs, but spare me from explaining, this forum works with difficulty on iPhone safari
2013/03/06 15:41:46
swamptooth
well, your post resulted in this post on that kvr link...

pwal
KVRian
- profile
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Posted: Wed Mar 06, 2013 2:22 am reply with quote Hi Colin, your threads getting kvr accused of piracy on the cakewalk forums and a bump
2013/03/06 18:07:24
slartabartfast
Kvraudio willfully supports piracy of cakewalk products



I can see your point, but I think you have over-stated the culpability of KVR in this. Most Cakewalk customers have probably not read the license for their product, and asking someone who hosts an open forum to be responsible for reading, let alone enforcing the license terms of every piece of used software someone is trying to flog is simply not reasonable. For all we know the transactions might be taking place in the EU, where  most jurisdictions do not even recognize the legal standing of the "licensed not sold" theory. In much of the world if it looks like a sale it is a sale, and the first sale doctrine permits you to sell your software regardless of the license terms.


If Cakewalk had to take strict responsibility let alone legal liability for every post on their forums, these forums would be out of business, and the company might be as well.
2013/03/06 18:59:54
TraceyStudios
from the KVR rules page:

Rules:

You may not sell/trade anything that you are not legally entitled to, whether due to license restrictions, not owning the original in the case of software (cracks, warez, etc.), or any other bizarre reason that would make it illegal to sell the item.

If selling software you must obtain permission to transfer the license from the developer before advertising it for sale, failure to do so will almost definitely be in breach of the license agreement. Sample CDs and sample based instruments have notoriously restrictive license agreements so check before you try to sell.

NOTE: You may not agree with the license agreement, and you may plead that it is illegal/immoral/invalid in your country, but that's not for us to decide, if a license agreement states that you can't resell/transfer it then you can't sell it here.
 
 
KVR takes no responsibility and can not be held liable for any sales / purchases made through this forum, you acknowledge that you do so at your own risk. However if you have any problems with a sale / purchase please let us know which member caused problems and we will take necessary action to ensure they are warned and / or banned (depending on the situation, obviously).


2013/03/06 19:04:52
chuckebaby
 i would contact cakewalk with info.
 
2013/03/06 19:20:49
swamptooth
slartabartfast

Most Cakewalk customers have probably not read the license for their product, 
like the guy who "didn't know the speed limit" when he got pulled over...

2013/03/06 20:02:37
dubdisciple
I agree with the person who stated that it's very possible that this could be a legal sale within the EU. Probably would have been better to contact KVR then possibly slander a site without having all the facts. I'm certainly glad that there was no one around like this to slander me when a client managed to sneak in copyrighted material under my nose. I would have been accused falsely despite the fact that I was just as much the victim. Putting someone on blast without having all the facts is not only uncool, it can get you sued.
2013/03/06 20:08:39
dubdisciple
BTW, many interpret this ruling to mean that in Europe what was posted is perfectly legal: http://www.pcworld.com/ar...legal_even_online.html KVR, like many others may simply be sorting through something that is possibly not as black and white as you are implying. In any case, in this light it could be more misunderstanding than the blatant den of piracy you are claiming. People who do stuff like this are a prime example of why several teen girls got burned up in the Salem witch trials before someone started to question things. I'm sure you meant well, but maybe ask a question or two before you garb the nail, hammers and crucifix.
2013/03/06 20:14:38
Linear Phase
dubdisciple

it can get you sued. 

I'm not worried about being sued.

1.  Who is kvr owned by?  Muse

2.  Where are they incorporated?  In a state in the USA.  Maybe not Cali, possibly Delaware, but certainly in the U.S.

3. I knew all about the E.U. Software Directive, specifically why I said, "or laws," which was a typo, by that I meant, "our laws."

If you feel so strongly about it, go get a law degree..
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