For Sale: BlitzPlay Pro

Blitz3D Forums/Blitz3D Programming/For Sale: BlitzPlay Pro

Murilo(Posted 2005) [#1]
I'm selling my licensed BlitzPlay Pro if anyone is interested. I'll also give you my BlitzPlay login information (the profile can be changed to your details) - You will be entitled to support and all future updates. The retail is $50US, but I'm looking for $22US (~£11.50).

I'm only selling because I'm migrating my current project to BlitzMax.

I hope I'm not breaking any forum etiquette by posting this here...


Rook Zimbabwe(Posted 2005) [#2]
Yeah... and how can I get a copy of BMax win32???
-RZ


WolRon(Posted 2005) [#3]
Yeah... and how can I get a copy of BMax win32???
By buying BMax Mac.


flying willy(Posted 2005) [#4]
So it's acceptible behaviour to re-sell any libs or software then?


Murilo(Posted 2005) [#5]
Why wouldn't it be? I paid for it... I own it... It's no different to me purchasing a PC game and selling it on ebay (for example). As long as I don't distrbute anything that was built with the lib, it's shouldn't be a problem ('cause I lose the license to use it when I sell it).


GfK(Posted 2005) [#6]
Why wouldn't it be? I paid for it... I own it
You actually own the right to use it. You don't own it as IP. This really is a grey area...

It's no different to me purchasing a PC game and selling it on ebay (for example)
...which is also illegal if you read the smallprint. It prohibits, among other things, resale.


Kuron(Posted 2005) [#7]
So it's acceptible behaviour to re-sell any libs or software then?
100% legal to do and his right to do so is guaranteed under Copyright Law.


JoshK(Posted 2005) [#8]
Wow, you are cheap.


Murilo(Posted 2005) [#9]
It's no different to me purchasing a PC game and selling it on ebay (for example)
...which is also illegal if you read the smallprint. It prohibits, among other things, resale.

Fair enough - A bad example. As an asside, I've been told that trading games in at a "Game" store constitutes a resale (as you are exchanging it for an agreed value). Also, some computer shops will buy your PC games from you and ebay is clearly happy for us to resell purchased games.

You actually own the right to use it.

And that's exactly what I'm selling - The right to use it.


IPete2(Posted 2005) [#10]
er... well if that's all you are selling...

Sorry to be pedantic about this, but, how's the buyer gonna get the code (which I believe is what everyone else here means) in order make what you are selling useful? i.e. to gain the right to use the code does not mean you have the right to duplicate the code or even pass on the code you have to someone else, without explicit permission.

Unless Surreal indicates it is ok, that would be generating a duplicate copy therefore breaking the license.

Just a thought.

IPete2.

(Having said that if you ask Surreal nicely maybe he'd be willing to allow such a breach as it could happen behind closed doors with no one knowing anyways?)


flying willy(Posted 2005) [#11]
Why not sell Blitz3D as well, as you clearly have no further use for it?


Kuron(Posted 2005) [#12]
Unless Surreal indicates it is ok,
Surreal is not above the law. Surreal has no say in it. If the individual wants to sell their copy of BlitzPlay and transfer all rights to it, there is nothing Surreal can do. Daze legally has this right.


sswift(Posted 2005) [#13]
I think he should have the right to sell it. I would allow folks to sell my systems.

I don't really care what "copyright law" says. I don't care what the "license agreement" says. Code is no different in my eyes from any other product.

You can sell your Ford Explorer, and they can't force you to agree to a license saying you won't resell it... But you still can't make copies of it and sell it... Even though you have never agreed to any such provision.

Why should data be any different in this regard? Why should I be prevented BOTH from selling my copy, and any copies I make? Because I could more EASILY make a copy and keep the original for myself? That's silly.

Are we going to stop people from selling used cars when we get nanobots that can make an exact copy in a few days with some inexpensive scrap metal, because once they buy a car they could protentially make a copy and keep it for themselves?

It is illegal to make copies of intellectual property. That is enough.

Moving data from one machine to another does not constitute making a copy if the original copy is erased.

And you know what? We're not even talking about a copyright violation here. He's not making a copy. We're talking about a license agreement violation. And did Snary even make anyone agree to a license before they used the software that says he can't transfer the license to someone else? That's the real question here.

The only argument that one can't transfer a copyrighted game or movie to someone else is if there is something in the license agreement says he can't. Otherwise it is legal to do.

So before people continue arguing here about whether he's right or wrong for selling him copy, how about someone find the license agreement he agreed to when he bought it, if there is one? At least then we'll know if he's violated the license, becuase he certainly isn't violating copyright.

And then we can argue about whether or not that license should be enforceable.


Black Hydra(Posted 2005) [#14]
I'm not a legal expert but I've heard this argument before. I think it depends on what exactly your paying for. If the licence is non-transferable I'm pretty sure you cannot resell it.

If your buying a liscence to use something not an actual product I'm not sure the whole resale argument will fly. I don't really know much about this area, but I think there was a pretty nasty argument over whether you could resell BlitzBasic a little while ago.


Kuron(Posted 2005) [#15]
I think there was a pretty nasty argument over whether you could resell BlitzBasic a little while ago.
Nothing wrong with doing that, its 100% legal.


sswift(Posted 2005) [#16]
Now you're trolling. :-)


Naughty Alien(Posted 2005) [#17]
..mmm...all this conversation for just $22US...hehehe...fun...


Lane(Posted 2005) [#18]
I Thought this was appropriate,

"Arguing on the internet is like running in the special olympics, even if you win you're still retarded."

No offense intended to the developmentally challenged, or to brain wave challenged, or the just plain stupid.


Difference(Posted 2005) [#19]
100% legal to do and his right to do so is guaranteed under Copyright Law


Surreal is not above the law. Surreal has no say in it. If the individual wants to sell their copy of BlitzPlay and transfer all rights to it, there is nothing Surreal can do. Daze legally has this right.


A good example of how wrong this is, is 3DStudio MAX.
When you pay for it, you pay for a licence, not a copy of the software. The licence is not transferrable to another person. That's why you should never buy a used 3D Studio.

It depends on the licence that comes with the software, but the author certanly can specify that his software is sold with a non-tranferrable licence if he wants to.


Kuron(Posted 2005) [#20]
The licence is not transferrable to another person. That's why you should never buy a used 3D Studio.
That has no bearing. Most EULAs are in themselves illegal as are many "protection" schemes. Here in the US, federal law says its ok to transfer a license. Under International Copyright Law, it is ok to transfer a license. Companies are not exempt from the law and they cannot take away your legal rights no matter how much they want to. You can legally transfer ANY software license. Its the law, no company can change that.


Difference(Posted 2005) [#21]
I won't take time off to argue about this.
Discreet (Autodesk) obviously disagrees with you.


flying willy(Posted 2005) [#22]
SR-Games sounds like an experienced pirate.


smilertoo(Posted 2005) [#23]
He is free to sell the actual program as long as he destroys any copy he has once sold; the author does not have to honour the license though, he can withdraw support and updates as these were for the original buyer.


Kuron(Posted 2005) [#24]
I am 100% anti-piracy & anti-warez. However, I have a strong dislike for any company who chooses to ignore the laws, especially laws that are designed to protect the consumer.


Murilo(Posted 2005) [#25]
SR-Games sounds like an experienced pirate.
[Sigh] Quoting the law makes him a pirate? Grow up.

My BlitzPlay Pro has now been SOLD.

Thanks. Most, but not all (Halo as usual), of this made for insightful and interesting reading. It's clearly a really grey area, and one that does need further clarification.


Red Ocktober(Posted 2005) [#26]
well... this is a perfect example of why more and more software is gonna require the same kinda activation that winXP does...

you are not selling the license D... you are not authorized to sell the license, seeing as you are not a reseller of the company that licensed it to you in the first place... so, in effect, all you are doing is selling the software to an unlicensed third party for use by an unlicensed third party...

which may or may not be alright with the software maker... for they may stipulate in their EULA (if they have one) that the owner of the software and the mdeia on which it resides, becomes the sole licesee...

for that matter, their EULA may allow unlimited redistribution of their software by licensed users... to anyone... and everyone...

i dunno...

hey... just making an observation... i aint no lawyer... and, furthermore, i really could care less one way or the other...

i hope everyone turns out to be satisfied...

just had to put my 2 cents in... now, i'm wonderin' why :)

--Mike


flying willy(Posted 2005) [#27]
Daze (Posted 2005-02-15 08:15:18)
SR-Games sounds like an experienced pirate.
[Sigh] Quoting the law makes him a pirate? Grow up.

Get off my case and reply to me directly if you have to instead of defending others when you have no argument. YOU grow up or butt out. Understand?


Red Ocktober(Posted 2005) [#28]
whoaaaa...

don't go flying of the handle, flying will...

this is just a calm, mild mannered, exchange of opposing viewpoints... aint it...

:)

--Mike


Murilo(Posted 2005) [#29]
YOU grow up or butt out. Understand?
LOL. How mature of you. I stand by my "Grow Up" comment :D

Back on topic: I'm giving my boxed Blitz3D to my Bro, but he wasn't interested in BlitzPlay (for the moment at least), so I thought I'd try to sell it. I clearly hadn't considered all of the implications of such an action. Some valuable points have been raised here though and, tbh, I'm not sure I'd do it all again. Persaonlly, I'd be quite happy for someone to resell (or indeed give away) a product of mine they'd purchased if they had no further use for it.

As someone mentioned here, reselling PC games is in fact illegal (or at least it appears to be), but that clearly isn't enforced in daily life ("Game" stores part-exchanging, ebay permitting resales of PC/console games etc). It's a very grey area...


Nobody(Posted 2005) Edit [#30]
You're the one smirking, enough said about that the better... you're obviously one of those nerds who think they are mature, and for whom maturity is the stepping stone above his fellow man.

Obviously you're a complete tit and we'll say no more. You can't help it, and you'll never understand why birds are not attracted to you.