Page 4 of 4 FirstFirst 1234
Results 91 to 97 of 97

Thread: XMOD Use Agreement (no legal garbage)

  1. Quote Originally Posted by garbageman705
    This is ugly. How ungrateful some of you are for this mans work. It really is sickening.
    Seriously. I wish he had built a self destruct mechanism into it. Then he could delete the programs remotely and then watch people line back up to buy it


    I'll admit, 50 dollars is expensive, but from the sounds of it, he put in a crapload of work to make it happen

  2. #92
    Join Date
    Dec 2007
    Location
    Port Angeles, WA
    Posts
    477
    AGD sure wasn't going to make competitive software for an aging platform. I myself don't use XMOD or even own an E-Mag anymore but I do have to agree that it is a nice program that allows an E-Mag to conform to standard tournament rules.

    I am thankful.

  3. #93
    Join Date
    Feb 2004
    Location
    some where FAR away...
    Posts
    1,081
    Quote Originally Posted by Enemy
    my question would be why would you make it a requirement to sell the programer with a gun that has Xmod.. or if you come into possesion of a gun with xmod already on it to pay you $50..

    I completley understand the request for donations from people that have come into having xmod through a programmer they did not pay for but for you to ask that you get paid twice for software on the same gun then I call that out of line, it would be like a me buying a computer and then paying microsoft for the software that the previous owner paid microsoft for.

    other than that that was my only complaint and if you save me a programmer ill be contacting you next week for one.
    I agree on this point.


    Quote Originally Posted by LorneCash
    If someone sells a gun with XMOD on it and does not include the programmer I would like a donation because they are using my software for free or without paying me at least.

    If someone buys a gun with XMOD and a programmer then I don't expect anything from them. That programmer was paid for.

    If someone sells a programmer without a gun most likely they are still using XMOD on their own gun and just selling the programmer. In this case I can't expect the person who buys the programmer to give me anything but simply for the person selling it to understand they are the one ripping me off.

    oh end don't worry I'll have plenty left for a while.
    Most of us who would have paid YOU to load X-mod on our guns were doing so to have the software on the gun. If someone paid you to load the software on there gun, its paid for is it not. When person "X" then sells the gun he adds $50 to the price of his gun thus selling his bought and paid for software upgrade, is that not right?

    I tried to look around but not with much luck. I was looking to see if there was any info on how you sell your software. I didn't see a user licence any where which would lead me to believe you were paying for the software, not the right to use it??? If I am wrong please point it out to me. That's the only thing that's seems to confuse me about the whole thing. I know that you did a lot of work on this project and am grateful for it, but I just don't get it as I cant find any info that states how it was being sold?

    Cy
    Zero Gravity Customs

    Play hard or go home......
    My feedback
    http://www.automags.org/forums/showthread.php?t=129891

  4. #94
    Join Date
    Aug 2005
    Location
    Milwaukee WI
    Posts
    365
    think of it this way... the programmer is your "license" to use unlimited copys of my software for your personal use. If you have 3 guns and load it on all of them then sells them one at a time without selling the programmer then they are getting $50 extra from each gun = $150 plus then they can sell the programmer for another $50-100 that means they make a $150 ($50x3) profit that should be mine. If they choose to sell the programmer then the new person who has the programmer has the right to load it on all their guns and I have no issue with that. However there are three people out there that paid their $50 extra to the seller not to me. And I don't think that I'm beeing greedy by asking that someone else does not profit from my work. I'm ok with them selling it but then they must sell all of it and not keep a few copys to sell for their own profit.

  5. #95
    Join Date
    Jun 2005
    Location
    Fresno, Ca
    Posts
    574
    Quote Originally Posted by LorneCash
    think of it this way... the programmer is your "license" to use unlimited copys of my software for your personal use. If you have 3 guns and load it on all of them then sells them one at a time without selling the programmer then they are getting $50 extra from each gun = $150 plus then they can sell the programmer for another $50-100 that means they make a $150 ($50x3) profit that should be mine. If they choose to sell the programmer then the new person who has the programmer has the right to load it on all their guns and I have no issue with that. However there are three people out there that paid their $50 extra to the seller not to me. And I don't think that I'm beeing greedy by asking that someone else does not profit from my work. I'm ok with them selling it but then they must sell all of it and not keep a few copys to sell for their own profit.

    Best just not to get in the middle of this. Hope it works out for everyone.
    Last edited by afortuna; 09-26-2008 at 02:20 PM.

  6. #96
    Join Date
    Aug 2007
    Location
    Gainesville, FL
    Posts
    2,595
    Quote Originally Posted by afortuna
    If you buy a game for your PC or gaming console, you are paying the fee to use that game. Typically the store you are purchasing it from has already paid for the game and has then added a mark-up when they resell the game. The game manufacturer doesn't require the secondary customer to pay twice for the one game. That customer then plays till his heart is content and then gets bored and puts it up on ebay for sell. He then collects the money and sends out the game to the new owner. The new owner can even register the game as his if he would like, but again isn't charged by the original manufacturer.

    Our economic system, as bad a shape as it is in at this point, would have collapsed a long time ago if we were forced to pay the original manufacturer every time we purchased something used. My memory may be incorrect on this, but I thought you were giving away the software when you first came out with it. Downloadable from your website? The only thing you were charging for was the actual hardware that you put together that allowed the software to be loaded onto the marker. Anyway you look at it, unless you are leasing the equipment to someone, if they purchased that equipment out-right, then they have the full bundle of rights for that personal property.

    Now, you may have a case if someone is reselling your software, but unless you have protected your intellectual rights to that property you are going to have a hard time stopping someone. On your $50 example, you may be making an assumption the sales price of the gun was increased $50 over the market value of the gun, hence the seller making "an extra $50." I don't know either way if those sales were over the market price, but just something to consider. People buy and resell stuff for a profit all of the time. Unless you established at the time of the sale the property could not be resold, you don't have much to protect yourself with.

    Even though I've never used your software, I've never read anything bad or negative about it. Thank you for making another sound and solid option for Mag owners.

    You are not getting his point.


    You can be license under 2 ways:

    You own an xmod programmer.

    The gun has a licensed flash, ie sometime in the past 50$ was paid to lorne for that single flash license.

  7. #97
    Join Date
    Jul 2002
    Location
    CUB NATION!!!!
    Posts
    2,869
    Quote Originally Posted by afortuna
    If you buy a game for your PC or gaming console, you are paying the fee to use that game. Typically the store you are purchasing it from has already paid for the game and has then added a mark-up when they resell the game. The game manufacturer doesn't require the secondary customer to pay twice for the one game. That customer then plays till his heart is content and then gets bored and puts it up on ebay for sell. He then collects the money and sends out the game to the new owner. The new owner can even register the game as his if he would like, but again isn't charged by the original manufacturer.

    Our economic system, as bad a shape as it is in at this point, would have collapsed a long time ago if we were forced to pay the original manufacturer every time we purchased something used. My memory may be incorrect on this, but I thought you were giving away the software when you first came out with it. Downloadable from your website? The only thing you were charging for was the actual hardware that you put together that allowed the software to be loaded onto the marker. Anyway you look at it, unless you are leasing the equipment to someone, if they purchased that equipment out-right, then they have the full bundle of rights for that personal property.

    Now, you may have a case if someone is reselling your software, but unless you have protected your intellectual rights to that property you are going to have a hard time stopping someone. On your $50 example, you may be making an assumption the sales price of the gun was increased $50 over the market value of the gun, hence the seller making "an extra $50." I don't know either way if those sales were over the market price, but just something to consider. People buy and resell stuff for a profit all of the time. Unless you established at the time of the sale the property could not be resold, you don't have much to protect yourself with.

    Even though I've never used your software, I've never read anything bad or negative about it. Thank you for making another sound and solid option for Mag owners.

    But there is still only one copy of the game and thus one license. If you flash a gun and sell it without the buyer paying for another license or a complete transfer of your license you (or the buyer) are stealing, end of story. The same is true if sell your programmer after flashing your markers without removing the software first. It would be like buying a game, burning it, and selling the original, or burning several copies and selling those. You are duplicating the software without license and therefore a thief.
    bless, support, and never forget the troops
    God bless my cousin: Cprl. Peter J. Giannopoulos K.I.A. 11/11/04 in Latifiyah, Babil Provence, Iraq.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •