View Single Post
  #3  
Old 11-13-2013, 01:07 PM
Darryl Ramm Darryl Ramm is offline
Member
 
Join Date: Nov 2010
Location: USA
Posts: 19,657
Default Re: PT10HD iLok license transfer locked. Is this even legal?

Are you trying to transfer an iLok software license with a transfer of ownership of the originally bundled HD hardware or just by itself?

If somebody previously sold you an unbundled Pro Tools HD software license they likely violated their EULA--and most sellers know this was not officially allowed/was a grey area. And you as a purchaser seem to be the unfortunate chump that purchased this illegitimate/"grey" license without understanding exactly what you were getting into. So maybe you ought to be upset at that previous seller, maybe not, hard to say what they really understood. Maybe you should be upset at yourself. You need to really understand what you are doing with *any* "used" software/license sale. There are many restrictions/issues out there. In the past, many purchasers, at least folks on DUC, buying these unbundled HD licenses, seemed aware they were "grey market" and may have no upgrade/on-sale value, even if Avid was not then hard-enforcing iLok license transfers.

Look call up Avid and talk to them if you want to, they are unlikely to respond to you here. And while I don't necessarily agree with Avid's approach here, you'll need to beyond kiddie steps in your understanding here.

You have not purchased software, you don't own the software or outright own a right to use it. You have licensed the right to use it. That right is controlled by the EULA that you agreed to as a part of your purchase.

If you want to have a discussion of your rights that starts with the EULA. And others (including me) have commented on that here before. It is a bit of a sloppy mess since it pulls in external transfer of ownership program documentation. If you are unhappy about this you can argue that behavior of Avid conflicts with the EULA, or the EULA violates your other legal rights (and if so what specific consumer or general contract law does it violate in your jurisdiction?)? Or the EULA and behavior is legal but not what you woudl like and could Avid consider changing it? So which one is it?

Personally I wish Avid would clarify and allow inter-account iLok HD license transfers with HD hardware transfer of ownership, it currently unclear if they do that or not). Not transferring a HD license without a hardware transfer of ownership seems pretty well provided for in the current and past EULAs.
Reply With Quote