A question about selling my Kemper Stage

Quote from alerich

I can't imagine ever selling my Kemper but if I did I would sell it as is (profiles, performances and personal tweaks) and include a thumb drive with all of my Kemper profiles and stuff and delete same on my PC. I am a computer packrat by nature. I have every firmware update, every Rig Manager update and every backup I have done since I bought mine used in March 2019. The paid profiles were all purchased and paid for. I would consider the licenses transferred to the new owner and call it a day. Is that legal? I don't know and I don't really care. The disclaimers on the paid profilers sites are about as clear as mud. All they need is one more sentence that starts with "If you ever sell your Kemper...". Problem solved.

If I decided to clear my Kemper before sale I'd simply delete all the profiles and performances and download and install some of the current free profiles available in the downloads section. I would not do a factory reset and force the new owner down that firmware upgrade rabbit hole. The new owner can do that if they so desire. Then they will be here asking for help and being told RTFM.

As I said, this is all moot since I'll sell my Kemper right after I sell my beloved 1984 Gibson Explorer but that's my story and I'm sticking to it.

Truth. Sorry, I didn't mean factory reset as in going back to earlier versions. That would be a nightmare. I just meant a clean system running the latest stable firmware. My bad.

the issue of transferring the paid profiles implicates copyright law. Virtually all of the countries we are talking about (US, UK, EU, etc.) are parties to a treaty that enforces copyrights allows amongst the signatories. the short version is that the correct answer is almost certainly the "first sale doctrine" mentioned earlier. Yes, the buyer of the profile is only getting a license to the profile, but can further transfer that license (and it does not matter at all whether the transfer is free or for a charge) so long as first buyer does not keep a copy. The second buyer, however, may have no rights to any vendor upgrades and such (which really isn't an issue for profiles).

Again - all of this pseudo legal wrangling is for nothing.

No one is going to bat an eye either way.

Quote

The fine print: All amp brands are trademarked by their respective owners and are in no way affilliated with Tone Junkie. You are purchasing a license to use these profiles for your own personal and/or professional use but profiles are not for resale or any other unlicensed distribution, free or compensated.

I see nowhere here that you can't sell your device with profiles you bought....

It only says ; don't make business with my work or don't give them for free to your friends.

The question is ; Is the licence linked to the person or the device ? I think to the person because you can have 3 Profilers and fill them all.

On the other hand, i don't see bad thing in giving them to the new owner if you erase them from your computer

The kemper price won't be so much higher even if you've spent 1000$ profiles... It'll just be easier to sell yours comparing to another one....

Do you remove Windows when you sell a computer ?

Quote from Steve5478

The question is ; Is the licence linked to the person or the device ?

Anybody can write in their fine print whatever they like. That does not necessarily mean that's it's lawful or binding.

As mentioned before: Microsoft tried to forbid sales of software licenses with the same argument that TJ uses here. At least in Germany the courts ruled that this clause is not worth the paper it's written on. The law is above any fine print agreements.