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Originally Posted by gideongallery
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
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It was paid on a credit card and to be honest I do not know if it was a personal credit card or a corporate one. What do you think the odds are it being a corporate one. So are you saying if someone buys as a corporation yet pays with their own credit card the license goes to them and not the corp? The original license, was to a person, who broke the licenses by selling them.
Pornonada further broke them by having the content in the affiliates area and then asked me to rewrite the license so he could sell it. So a new license was needed.
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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.
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As for what you do, that is your company. You run your company your way, can we do the same with ours?
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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)
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Please stop going on and on about a corporation you're starting to look stupid. So for the LAST time.
The original license was to a person not a company.
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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)
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He offered to buy. After telling me to supply it for free. An offer is not a buy. He also said he would remove the content from the affiliates area, yet did not. So an offer not fulfilled and a promise not kept. Is that your idea of a binding contract? However we both agreed to waive the $250 for HIM to pay. Read on.
I also agreed to NOT sell a new license to him or his corporation. Because he was going to sell everything to a third buyer. I told him to send the new buyers to me for me to issue them with a new license.
So again you got it wrong.
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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.
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It's in the affiliates area, see screen grab, it was bought when the Paul Markham Content Store license never included affiliate use. What more proof do you need? The new buyers of the program have sent me a copy of the list Pornonada gave them that I gave him.
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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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How many times do I have to tell you. The company that now runs Smokincash have no rights to any of our content in their site. Do you understand this? They have NO RIGHTS to any of our content on their site. You are wrong if you think content becomes legal if the buyer buys unlicensed content. So if I buy a program from you and then sell it against the terms of the license, does it become legal if I bought it?
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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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Here is the list the new owners sent to me. I did not provide it to them, Pornonada provided it to them. I provided it to Pornonada.
009226
009239
009241
009247
009250
009268
009298
009400
009408
009275
009285
009289
009412
009417
009283
009407
009415
009422
009424
009426
009428
001679
001680
001681
001682
001683 in BBCS
001684
001685
001686
001693
001915 In BBCS
001922
001928 In BBCS
001965
009453
009455
009456
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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.
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And if they used your license in a way you had not agreed and had not paid for you would be nice about it. Again that's the way you run your company. We run ours another way.
What has happened here is someone bought a license, then decided to use the content as they see fit without paying for the extra use. That's the same as someone sending traffic and the sponsor deciding they can do with that traffic as they please.
So far after me losing my temper because I was ignored and the new buyer thought I should fix the problems made by the original seller. I have tried to fix this situation. Yes I called someone who was knowingly using unlicensed content a pirate and a thief and I appologised to him personally. But he continued to keep it in the affiliates area. He sold the site with the program with our content in the affiliates area and I suppose both he and the new owners have distributed the content to affiliates.
If Pornonada claims he never put the site live it's strange that I could log in as a new affiliate and see our content there. But if he did not put it there the original buyer did. Making the original license null and void.
There is only one innocent victim here, us. Pornonada is responsible for buying a program with content he did not have a clue about. He is guilty of using it after he knew it was unlicensed, he never removed the content from the affiliates area.
The new owners have gone amazingly quiet over the whole thing and using unlicensed content in their site, also no 2257 info. Plus giving it to affiliates. They have ignored my email. So where do we go from here? DMCA, email the paymant processors CCBILL, or just swallow it?
But if DamageX had kept his mouth shut and not banned me I would not be annoyed at being shafted. It was him that raised the issue again. No wonder his nick is Damage.
