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Originally Posted by Paul Markham
I never sold to Pornonada so your whole post is a crock of ******
I sold to an individual in the first place, but are you saying that if an individual sells it to a corporation it make it all fine?
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no paul you claimed it was sold to an individual and that is your claim, HOWEVER it really depends on who paid you because the concept of "agent of" status
i have licienced software before too, on at least 3 occasions a person paying me with a corporate check put his personal name on the contract, i clearly told him his actions were EMBEZZELMENT unless he provided me with a letter signed by all the board of directors authorizing the liciencing of my software an individual when it was paid for by the company.
Look if i go in to best buy and purchase a copy of windows xp for my boss company, even if i screw up and put my name on the registration it still belongs to the company. If i as a person took that software and installed it on my home pc (i not my company would be guilty of copyright violation)
IF you were paid from the business account AND
if your countries laws are not ass backwards then your basically saying you CONSPIRED with the previous owner to Embezzle money from the smokincash company and YOU were the only who profited from it
if you are saying the contract laws in your country don't recognize the principle of "agent of" status then that another reason not to deal with you.
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I did provide him with a list of our content, which he ignored and sold it with the content in the affiliates area.
Why don't I license to a corporation? I do and we do it all the time. We license to Hustler, Paul Raymond Publications, Score, and many more. But this was not a license to a corporation it was a license to an individual.
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in the previous thread Pornonada offered to pay you 250 to relience the content to the smokincash CORPORATION (the affiliate program) which should have solved the problem forever no matter how many times the affiliate program was sold (because the corporation would own the licience and the corporation was getting transfered with each sale)
yet your response was
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No it would of been $250 for all the licenses and the resupply of the content.
But the original license does not give the licensee the right to resell it. So if you want to sell it on again you're asking for a brand new license. Not the old one transfered. A license we don't give to others.
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if you understand the concept of how a corporation and how it is a self contained legal entity capable of owning the licience. If you understand that the corporation can change ownership without revoking any of the rights of that corporation, why did you demand an additional payment from the new owner of the corporation.
Basic common sense the licience would never have been transfered because it is still OWNED BY THE CORPORATION.
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Who broke the license therefore making it null and void, or is it only us that sticks to a license? He broke it by selling it after he was told not to.
Pornonada broke it to my knowledge by putting or having our content in his affiliates area without paying for it. That's shaving.
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again if he used it beyond the scope you can sue and would win. You can post the list document exactly what content is being used without a licience
not only would it solve the problem by notifying all affilates of the issue but it would PUBLICALLY PROVE that you are complying with pornada's request for the list.
right now it a he said /he said arguement between you and smokincash. your getting slammed because you keep it that way. Post the list of offending content publically and you PROVE you complied with pornada request. don't and everyone thinks this problem is your fault.
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Then he sold it to the new owners without removing the content from the affiliates area, which was agreed. He has the list of what is ours and he gave it to the new owners who passed it to me. I knew I had it, wanted to know if they had it and they do.
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again you say/ he says arguement post the list of offending content and you prove you actually provided him the list. don't and people will it your fault.
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So basically you run as tight a ship as DamageX.
People must get to your site and treat you as you think I should be treated, see how nice you are to them.
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well i am a coder and i licience my custom code all the time, bottom line is i would never be in this situation because IF someone wanted to buy my code for a company and they screwed up and put their personal name in the licience i would tell them about the error AND demand letter of authorization from the BoD for the action.
Most people who screwed up like the smokincash previous owner would quickly fix the mistake. if they didn't then i had proof they were being release from the default "agent of" status and i was not guilty of profiting from EMBEZZELMENT.