Looking for an answer...

  • I just want everyone to know I'm not trying to cause a problem or embarrass anyone, but I am very curious to know something. Can someone thelp me understand the logic of making ownership of some 3D content non-transferable? I don't quite get it and it does perplex me.. I mean, I can pass on my stamp collection, books, records, toys, comics, clothes, extc. to friends and family, but for some reason, 3D items like content and software programs are in a different category. Anyone knows what gives?

  • @eclark1849 Even though I worked for a large NY law firm for 40 years, we didn't do much in the way of copyright law, so my response is only an educated guess from what I do know about copyrights.

    I've always considered the purchase of software, e.g. Poser, was only the right to "use" the software, because Smith Micro still owns it. As far as 3D content we purchase at the various 3D marketplaces, the creator/vendor still owns the copyright, and we are only purchasing the right to "use" it for personal or commercial purposes, though some stores, such as DAZ, make you purchase a specific license to use a particular item to create something you yourself are going to sell.

    As far as something being non-transferable, I'm not sure what would happen if, for instance someone passes away, and in her/his Will it states any computer, software, content, etc. be given to another member of the family. I'm not totally sure that can be "legally" done, but who would know, as it's a private Will. From what I'm thinking you want to do, you're wanting to openly tell a 3D content store you want to purchase something, and then give it away. That's certainly not the same type of scenario. If a store allows you to buy something specifically for that purpose, all well and good, but not all stores want to do that, because it would probably mean notifying the creator/vendor and asking permission. All items we buy in these stores have ReadMe files, and most of them specifically state the item is not for resale "as is", so I'm just not sure how this can be done easily. Even a Merchant Resource has some restrictions when it comes to using it to create something you want to sell.

    Again, this is just a guess, as I know Renderosity allowed gifting in the past, and may still do so, but what specifics it entails, I have no idea.

  • @eclark1849 & @Miss-B are the needs of gifting for the purposes of competition prizes not well served by redeemable vouchers? In the sense that the value of the voucher need not be redeemed by it's purchaser, but the redemption certification can be simply gifted to the prize winner and redeemed at their convenience, with the precaution that redemption of a given certificate can only happen once, and that post-redemption, any items purchased with said voucher are recorded against the redeemer's account, rather than the purchaser of the voucher.

  • Poser Ambassadors

    @eclark1849 Like MissB is writing. Another reason, how many times you can gift, sell,giveaway your books, toys ,records? Exact 1 time. And your software? 3D content? How many times you can sell it?

  • Used licenses are legally re-sellable within the EU.See:
    As Ladonna and MissB pointed out there are various practical problems that make it difficult to do correctly. The licensee having died is a pretty effective and maybe the only real way to demonstrate he will not use the software anymore.

  • @ladonna said in Looking for an answer...:

    @eclark1849 Like MissB is writing. Another reason, how many times you can gift, sell,giveaway your books, toys ,records? Exact 1 time. And your software? 3D content? How many times you can sell it?

    Actually, books, toys and records can all be passed down through the generations, although, admittedly, records might be more of a legal minefield nowadays after the record companies all went crazy a decade or two back and went after anybody and everybody who so much as whistled a tune from one of their records. But still, before that Books , toys and records actually increased in value.

    That's not even remotely the case with software. I had to get rid of all of my old software because the operating systems stopped being able to run it, and the storage mediums don't age well.

  • In short: Tangible items can only have one owner/user at a time. Software and software assets are easily (some more than other) copied. You can't be SURE that not both the gifter and the subsequent "giftee" use the item.

  • @trekkiegrrrl said in Looking for an answer...:

    In short: Tangible items can only have one owner/user at a time. Software and software assets are easily (some more than other) copied. You can't be SURE that not both the gifter and the subsequent "giftee" use the item.

    And we come back to videos and Music recordings. Also easily copied. Now, I will add that the record companies went all "Attila the Hun" on people a few decades back so some of the rules there have changed.

  • Poser Ambassadors

    @eclark1849 Without that I want to defend here the record companies. But look, in the past we share as students our CD's ,copy them a few times, also games. How many times? Maybe a handful. Nowadays , mass copies made cheap and sold on the blackmarket.Making money with other peoples hard work. One of the reason why they went "Attila the Hun".
    In my poser beginning times I was active in a German forum. And wonder how some people have every day new stuff from DAZ. Some pretty expensive like the Mill Dragon 1-2
    Some had each day new stuff for over $ 100. Even me, who is not really short in money had to wonder how this is possible.
    Till somebody told me the magic word "File sharing". I find this unethical and even don't want to discuss about this.
    And because people like those , honest people get also punished.

  • @ladonna I don't dispute that the record companies had a point about file sharing. My problem with them was the way they went about it. They went after some people for trivial matters just to send a message. I haven't bought a record since just to protest.

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    @eclark1849 Agree, at one point they go to far. Since very long I did not buy any music records from Big companies.I try to support independent artists. On You Tube are many where you can buy direct from the artists.

  • @ladonna So I'm listening to the radio and a talk show starts talking about books and music Being deleted from devices by Amazon, Kindle, etcetera.

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    @eclark1849 They will dig their own graves now. Their greediness and dirty -ethical morals makes me sick.
    I begin to boycott them when they change some rules.That you could not play your song, which you buy from a store online on another devices. Only on the one where you played it first.
    Not in my car, not on my MP4 player, just on my desk PC where I download it and play it first. I don't know if this was an European only rule ( I could imagine the EU parlament sign this kind of Lobby papers ) or if this is still valid.But since this I am done with Sony records and co.

  • The point being that it is also illegal to copy a music CD or a DVD movie.

    Recording something on a casette tape isn't quite the same. The quality suffers. As do recording a TV show on VHS.

    Copying a computer program - or sharing assets is something else. They're sold as digital copies. And because you CAN copy them and the quality stays the same, it's not legal to do so.

  • @ladonna So the solution for that is to convert your MP3 files that you bought as downloads into WAV or AIFF files and then back into MP3 files. There will be no copy protection on the files then.

  • @eclark1849 - regarding books and music - I've gone back to collecting hardcopies and CDs. Not really trusting this digital world much these days.

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    @ghostship True, but the other hand, I pay for the donwnload the same price than the DVD would cost. And have extra work.
    No, since this I support the Artists direct, when possible.There are so many starving ,but awesome artists out nowadays,worth to search for them and don't support Music Billionaires which anyway produce now mostly crap.

  • Poser Ambassadors

    @ibr_remote With books I am pretty oldfashion. My Privet library is huge. I collect books since I can read :) Nothing beats the feeling you have when you come home from the bookstore , open the new books, feel them and you are excited to begin to read. Love this.