(more) legal issues regarding selling modular patch packs...

faxinadu · Post by **faxinadu** » Tue Apr 24, 2007 4:05 am

Hi,

some of you know and perhaps downloaded in the modular patches section the v1 of my modular stash package that was offered for free.

i am now working on a second version of this mod pack package, that will again include something like 1000 patches.

i am thinking of offering this product for sale this time, both as a cd and as a digital download.

now i have some concerns with legal and perhaps moral issues.

The sdk developers have entered into a contract with cw that only allows them to offer thier developments for free. What happens legally if i then make a modular patch with a module someone made with the sdk and then i offer it for sale? Does this pose any legal problems for me or the developers who made the modules? And aside from legal issues... is this ethical in your opinion?

It is worth to note i am niether affiliated with any developers nor do i own the sdk (i myself am in no contract with cw).

Also, the asking price for my modular pack will be more towards the symbolic price rather than a commercial product price.

Any thoughts would be welcome,

Cheers!

Post by **irrelevance** » Tue Apr 24, 2007 4:27 am

If you sold an album produced using Scope sdk devices, I'm sure the Devs would appreciate a little acknowlegment. But I wouldn't expect any to then ask for a share in the proceeds!
I think any Dev has the right to stipulate how, when and where thier devices can be used, but I doesn't seem to be an issue here.

faxinadu · Post by **faxinadu** » Tue Apr 24, 2007 4:34 am

ok cool yes i might add that in the infos of the pack proper acknoledgments and links to any modlues by any devlopers will given of course!

Post by **irrelevance** » Tue Apr 24, 2007 9:20 am

Oh forgot to mention, I'm looking forward to the next release Fax!

Shroomz~> · Post by **Shroomz~>** » Tue Apr 24, 2007 12:19 pm

Hi faxi,

just wanted to say that I personally have no objections to you using our mod modules in your venture. Looking forward to checking out the patches !!

regards,
Shroomz

alfonso · Post by **alfonso** » Tue Apr 24, 2007 2:21 pm

Hi Faxi

What i say is a personal opinion, but I'd suggest to limit a fixed price only to the CD, because it's actually an object with it's cost, different from the modulars.

Regarding the downloadable package i'd suggest a donationware policy, something related to the idea of a support to your great efforts but somehow not related with the modular patches as objects.....

This is not a legal thing, nor something that you should feel obliged to, just what i would do, for a couple of reasons:

1) Modular patches are free and unprotected items, in fact the only protected owners of their content are the developers of the packages, there isn't any formally defined right to pretend that they are not shared for free and there isn't any way to avoid it. It's like saying that If someone builds casually the same structure of oscillators, filters and envelopes of one of your patches, which seems absolutely probable if you put out thousands, he can't share it for free...

2) the second reason is less logical but somehow sentimental....I think that the freedom of patches is a sort of well accepted and deeply felt taboo for this community. Knowledge and spiritual connection circulates with them, they are somehow an island of openness, you can almost investigate the personality of the patchers, more tricky, more elegant, genial, wicked....

I don't think that you would earn less if you leave people free to donate or not.

On the other side (legal) you should make a licensing agreement with all the commercial companies involved and pay royalties....

Just my 0,02€

Cheers,

faxinadu · Post by **faxinadu** » Tue Apr 24, 2007 9:36 pm

thanks people for all the replys!
alfonso, i dig what u say and have had similar thoughts too.

but there are two things -
from my expriance donations don't really work.... i could be wrong, but it seems like on the net if something is offered for free it is taken for granted

a second issue is you mentioned licensing.... but i don't see an issue with the commercial packages? it is like you would make a pack for minimax, you wouldnt need to pay royaltis to cw obviously. I was talking more in the legal and moral issue regarding the free developers.

still, i understand your words, and am still considering.

thanks!

faxinadu · Post by **faxinadu** » Tue Apr 24, 2007 11:33 pm

Shroomz wrote:Hi faxi,

just wanted to say that I personally have no objections to you using our mod modules in your venture. Looking forward to checking out the patches !!

regards,
Shroomz

cheers! especially as your modules rock