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Topic: How much for Ethno World 2?

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  1. #1

    How much for Ethno World 2?

    Hi guys

    I was wondering if there was a difference between the ehtno world 2 offered here:

    http://www.eastwestsamples.com/details.php?cd_index=872

    and the ethno world 2 offered here:

    http://www.soundsonline.com/sophtml/details.phtml?sku=BS-378

    The prices are $494.00 and $299.95, respectively. If you do your research, you can usually find deals that save you some money, but 200 dollars? Am I missing something?

    - jUNK

  2. #2

    Re: How much for Ethno World 2?

    The first website you listed is in Australia, and those are Australian dollars, which would convert to about US $378.

    I would buy it from SoundsOnline

  3. #3

    Re: How much for Ethno World 2?

    [img]images/icons/frown.gif[/img]

    Thanks Martin. Stupid me, didn\'t notice that! ERASE THIS THREAD! hehe

    - jUnk

  4. #4

    Re: How much for Ethno World 2?

    Just got it for 100€ (Ebay)!
    So long!
    Justus


    PS: Sorry, I'm just happy!

  5. #5

    Re: How much for Ethno World 2?

    Sellers rating: 100% (463 items)

    Regards,
    Justus

  6. #6

  7. #7

    Re: How much for Ethno World 2?

    "Da dies ein privater Gebrauchtverkauf ist, ist eine Rücknahme oder Garantie ausgeschlossen."

    Ethnoworld 2 has a nontransferable licence AFAIK, and the seller state that it's 2nd hand, so he's really not allowed to sell it. Sounds like you bought a non transferable licence

  8. #8

    Re: How much for Ethno World 2?

    Sorry, but that's wrong. Best Service states on their (German) web page that a transfer is allowed for their stuff:

    "Die Klausel - Nutzungsrecht - wird hier in Deutschland so ausgelegt, daß eine CD auch weiterverkauft werden kann, wenn sichergestellt ist, daß der Verkäufer sämtliche Daten oder Kopien oder Auszüge der zu veräussernden CD vorher gelöscht hat. Der Käufer gebrauchter Software hat darauf zu achten, daß es sich um Original CDs inklusive Dokumentation und Kaufquittung handelt."

    A rough translation: " The rights on the use of software in German law are interpreted as follows: A CD can be re-sold if it is secured that the seller deletes every data, every copy or part of the content of the CD.The buyer of the software has to make sure that he buys original CDs including documentation and a proof of purchase."

    (Interesting enough, their license agreement for the English speaking customers seems to be a bit different from the German one... strange.)

    By the way: The sellers message "Da dies ein privater Gebrauchtverkauf ist, ist eine Rücknahme oder Garantie ausgeschlossen" has nothing to do with the licence transfer at all - it's just a standard sentence that most sellers are using due to German legislation. This will allow 'final' sales without giving the buyer the right to return stuff that he doesn't like (which would be possible on the basis of German law, if there are not additional clauses in a contract preventing this).

  9. #9

    Re: How much for Ethno World 2?

    Quote Originally Posted by tquandt
    Sorry, but that's wrong. Best Service states on their (German) web page that a transfer is allowed for their stuff:

    "Die Klausel - Nutzungsrecht - wird hier in Deutschland so ausgelegt, daß eine CD auch weiterverkauft werden kann, wenn sichergestellt ist, daß der Verkäufer sämtliche Daten oder Kopien oder Auszüge der zu veräussernden CD vorher gelöscht hat. Der Käufer gebrauchter Software hat darauf zu achten, daß es sich um Original CDs inklusive Dokumentation und Kaufquittung handelt."

    A rough translation: " The rights on the use of software in German law are interpreted as follows: A CD can be re-sold if it is secured that the seller deletes every data, every copy or part of the content of the CD.The buyer of the software has to make sure that he buys original CDs including documentation and a proof of purchase."

    (Interesting enough, their license agreement for the English speaking customers seems to be a bit different from the German one... strange.)

    By the way: The sellers message "Da dies ein privater Gebrauchtverkauf ist, ist eine Rücknahme oder Garantie ausgeschlossen" has nothing to do with the licence transfer at all - it's just a standard sentence that most sellers are using due to German legislation. This will allow 'final' sales without giving the buyer the right to return stuff that he doesn't like (which would be possible on the basis of German law, if there are not additional clauses in a contract preventing this).
    I think you'll still find that you're wrong. I'm sure you are entitled to sell on a CD, but Best Service are being somewhat misleading by quoting this clause in the context of the stuff they sell. When you buy a sample library you are not buying a CD, or the sounds on it. You buy a license to use a set of sounds, and the CD is provided as a way of enabling you to exercise that license, but the sounds remain the property of the originator.

    Whether the CD physically belongs to you is debatable. If it does then you are free to sell the physical disc, but not the license to use it. So Best Service are quite right; you may sell on the CD, but the person you sell it to has no right to use it.

    When you look at it like that, they're not cheap copies of Ethnoworld, they're very expensive coasters.

  10. #10

    Re: How much for Ethno World 2?

    I don't want to argue about this (since I am not personally involved here, and I am not buying this stuff), but it is not always and necessarily the case that sample companies prevent the user from selling its use license with the CD (or can do so by adding such clauses to their licence agreements). Just to get the facts straight: Actually, Best Service quite clearly state on their web page that the owner of the CD-ROM is identical with the licence owner, so it's not only about audio CDs.

    "Best Service CDs und CD Roms können nur vom Inhaber einer CD lizenzfrei für seine Musik- und Multimediaproduktion verwendet werden."

    Meaning: "Best Service CDs and CD Roms can only be used licence free by the owner of a CD for his/her music and multi media productions."

    The sentences I quoted before come from exactly this context, so I don't think that my interpretation is wrong: at least according to their German licence policy as stated on their web page, you might sell the physical disc alongside with the licence. Actually, this would be only in accordance with German license and use laws. There is the so called 'Erschöpfung' (§69c, Nr 3., S. 2 UrhG) in the German law which says that you can only charge for a sale of a software or data on a physical carrier once; then the distribution rights of the owner are 'erschöpft' (they are gone). This means a resale is legal, and the originator cannot prevent this by adding such clauses in the licence agreement. This is NOT true for software or data that is not bound to physical carriers, like online downloads (there was a court decision regarding this just recenty); but it is still true for software and data that is distributed on physical carriers. You might do an online research on this if you don't believe me... (I would post a link, but that's not possible here, correct?).

    So, basically, selling used software is perfectly legal in Germany, as long as you sell it alongside with the physical carrier and including all acquired license rights (there has been a decision by the Bundesgerichtshof, BGH, the highest German court, on this; actually, Microsoft tried to prevent the sales of second hand OEM software, and lost the case...).

    Sorry about interfering here, but I sometimes find it a bit strange that the whole licensing stuff is only discussed in a - mostly American? - 'copyright' context - while there are companies that are located and selling stuff in other countries as well, with absolutely different legal framworks (like the German Urheberrecht). Even in the globalized age, the local law applies when you buy physical goods in a country.

    Again, I don't want to start the usual flame wars regarding licensing here, and I am not promoting piracy in any way (being a good Best Service customer myself), but there is a need to differentiate in these discussions - not everything that is in the interest of the industry is identical with laws, and "you cannot sell your sample CDs, you just own the license" is also not always true.

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