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Thread: SLI - Santa Fe Superfleet Locomotive Pack: Discontinued?

  1. #1
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    Smile SLI - Santa Fe Superfleet Locomotive Pack: Discontinued?

    The activities in the file library for SLI's Seligman Route mostly require the SLI Santa Fe Superfleet Locomotive Pack.

    Two Questions:

    Is this pack discontinued?

    Can a person sell this pack on e-bay legally?

    Thanks,

    Robert

  2. #2
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    Default

    Quote Originally Posted by ForestHIllsRob View Post
    The activities in the file library for SLI's Seligman Route mostly require the SLI Santa Fe Superfleet Locomotive Pack.

    Two Questions:

    Is this pack discontinued?

    Can a person sell this pack on e-bay legally?

    Thanks,

    Robert
    http://www.streamlines.ca/original_prod.html

    Scroll to the bottom of the page for the Santa Fe Super set. And you cannot sell anything for MSTS on eBay. Read the EULA!

  3. #3
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    Default Copyright Law 102

    Quote Originally Posted by bnsf1959 View Post
    http://www.streamlines.ca/original_prod.html

    Scroll to the bottom of the page for the Santa Fe Super set. And you cannot sell anything for MSTS on eBay. Read the EULA!
    In the original "Super Set" for $12.99, were freight cars included?

    I understand copyright law, but I need a clarification - If a person has a computer program, removes it from his/her computer, it still can't be sold? So in effect, everything we own on the computer is leased?

    Bottom line: Are we saying there's many people breaking the law on e-bay?

    Robert

  4. #4
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    Default

    The EULA of the SLI pack quite probably (I don't have it, so I can't say it with authority, but I would bet good money that it does) says that by installing the pack, you are agreeing not to redetribute, sell, or otherwise give away the pack. So installing the pack, then selling the CD would be a no-no.

    ----------------------------------------------

    However, let me present a different scenario: You are gifted the pack by someone else (let's say a family member bought the CD, and gave it to you). But in this cruel, twisted alternate reality, you aren't a railfan and don't have MSTS.

    To then sell it on eBay would be completely legal. You have not installed the pack, and thus are not bound by it's EULA.

    That's a distinction I think needs to be made - if you aren't bound by the EULA, you can do whatever you want with it! The EULA is only effective if you install it. Otherwise it has no legal weight.
    Last edited by DJF; 12-06-2009 at 01:20 AM. Reason: [hr] not supported here :P

    -DJ Flaherty

  5. #5

    Default

    The only thing that I would think be legal is to purchase the CD as a gift or purchase the download as a gift and give it to a relative. As long as you don't download it yourself.

  6. #6
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    Post The EULA Reality

    Quote Originally Posted by bnsf1959 View Post
    http://www.streamlines.ca/original_prod.html

    Scroll to the bottom of the page for the Santa Fe Super set. And you cannot sell anything for MSTS on eBay. Read the EULA!
    Three Realities of the EULA, at least in my humble opinion:

    1) By making you click "I Agree" its basically "our way or the highway."

    2) The Supreme Court needs to hear a case involving the First sale rule.

    3) The Supreme Court needs to decide whether the "licensing" of software is actually the purchase of software.

    Until then, we should do the right thing, as per the EULA. However, we need not be happy about it.

    Robert

  7. #7
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    Here for all to see is the section of the EULA that refers to the point in question.

    2. Copyright. The Software and any copies that you make are owned by SLI and its suppliers, and its structure, organization and code are the valuable trade secrets of SLI and its suppliers. The Software is also protected by Canadian Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. This Agreement provides the terms and conditions under which you are licensed to use the Software. It is not an agreement for the sale of the Software to you.
    3. Transfer. You may not rent, lease, sublicense or lend the Software.

    Three points arise here
    1. Streamlines own the software, not the end user.
    2. This software should be treated like a book.
    3. Nowhere does it say you cannot sell the software, although it does say that you cannot sublicence which amounts to the same thing.

    However, 3 clashes with 2 because you can lend, rent or sell a book that you have purchased.
    Beer is not a matter of life or death, it is much more serious than that.

  8. #8
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    What is owned by SLI is what is on the disk. The disk itself has been purchased and is owned by the person making the purchase if the book rule applies. Then it is entirely right to sell the entire disk the same as you would sell a book. However IMHO, it would be very illegal for you to have made copies of the material provided by the disk either on your hard drive and/or another hard disk, nor any other means for you to keep once having sold the original disk.

    In other words when you sell the disk then you have nothing that connects you in anyway with the content provided by the disk.

    Bob Edwards

  9. #9
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    Post Good for Us, Bad for Them

    Quote Originally Posted by oakpalms View Post
    What is owned by SLI is what is on the disk. The disk itself has been purchased and is owned by the person making the purchase if the book rule applies. Then it is entirely right to sell the entire disk the same as you would sell a book. However IMHO, it would be very illegal for you to have made copies of the material provided by the disk either on your hard drive and/or another hard disk, nor any other means for you to keep once having sold the original disk.

    In other words when you sell the disk then you have nothing that connects you in anyway with the content provided by the disk.

    Bob Edwards
    Bob:

    Excellent point. Unfortunately for the software owners, what you say makes perfect sense.

    However, similar to the tax laws, it all depends on your reading of the text. The software side would say "once you use it, you lose it." I'd respond by saying "I have fully removed this software from my computer, and will no longer derive any enjoyment from it. I should then be able to sell the disk to another user, since I own this disk."

    As I said in a previous posting, the Supreme Court will need to decide how valid your average EULA is. However, I doubt that either side wants to take a chance of losing.

    Welcome to the Real World everybody. This is why lawyers get $600 an hour to parse words.

    Robert

  10. #10
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    The question might be if you have a lease or license to use a car can you sell it?
    Regards,

    Eric

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