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fair use rights - taking 2 products and making 1 for reselling

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lowenstat

Member
Yes maybe it is in that case. Some of the products I modify are just memory sticks.

As for the products you bring up I have seen thousands of people doing so and not causing problems for that comanys product either. Also, applying what I remember from certain cases - any product that you own to start with that has the software on it allows you to reuse a copy of that software back onto that device.

Also, you can legally purchase a copy of the software and install it as well onto those products. Dont know how or why this is but it is the fact. In some cases depending on the device there is no direct install performed by the upgrader exaclty. It comes from the unit itself to install what it wants and peform functions.

Many varities on electronic equipment. Some of which apply to me and some dont.

I just brorught up a case to work with that was what I thought to be more complicated to provoke responses that could apply to my situation. I seem to have a fasination with talking a product and making it better for profit.

I am very good at advertising and will get better after this is all over (lol)

I would think a lease or a product warranty would cause more problems though.
 


justalayman

Senior Member
as I had said, this was just something that was poking at me. Wasn't even sure if it was applicable.

This stuff is way over my head and the research is deep and confusing.

I'll leave it to divgradcurl. He seems to understand it (I hope so since I understand that is his line of expertise)
 

divgradcurl

Senior Member
As for the products you bring up I have seen thousands of people doing so and not causing problems for that comanys product either.
Like I said before, "everyone else is doing it" is no more a defense in court than it was when you were a kid.

Also, applying what I remember from certain cases - any product that you own to start with that has the software on it allows you to reuse a copy of that software back onto that device.
Are you sure about that? Software is a different beast from other products, oftentimes software isn't "sold," it is "licensed," and there may be contractual provisions as part of the licensing agreement that may alter what you think can and can't be done.

Plus, under the DMCA, if reusing the software requires cracking encryption, or bypassing security, that may be a problem.

Also, you can legally purchase a copy of the software and install it as well onto those products. Dont know how or why this is but it is the fact.
Not sure what you are talking about here.

I just brorught up a case to work with that was what I thought to be more complicated to provoke responses that could apply to my situation.
Why do you believe more complex hypotheticals will bring any more light to bear on your specific situation?
 

lowenstat

Member
Like I said before, "everyone else is doing it" is no more a defense in court than it was when you were a kid.
I understand. But wouldn't you think suits would be all over the place if this was the case given many thousands and thousands of people doing this yearly over the last decade?

Are you sure about that? Software is a different beast from other products, oftentimes software isn't "sold," it is "licensed," and there may be contractual provisions as part of the licensing agreement that may alter what you think can and can't be done.

Never sure about anything of course given some of this is luck based and bad hair days, etc. And yes software is a tricky beast. I am not concerned about this part though... (said the man right before being handcuffed and sent to prison lol)

Plus, under the DMCA, if reusing the software requires cracking encryption, or bypassing security, that may be a problem.
I have never onced mentioned cracking encryption and not sure why it keeps being brought up. I have painstackingly bought up examples that will generally apply to my case. Cracking encryption is certainly not one of them. The only remote possbility is one one of the products I mentioned was with a security sticker on the bottom of the unit for warranty issues. Can that cause me infringment problems?

Not sure what you are talking about here.
One the example I was talking about for the future mods, with the hard drive and software, I was saying that you can purchase software to install onto the hard drive and use that. For some reason, which I have not got into yet, it is freely available or easily bought. Yes this can get tricky of course because it is software. Also, on that type of item you can swap the software using tools that are freely out on the market.

Again, at this point I myself and not worried about this portion of the mentioned item.

Why do you believe more complex hypotheticals will bring any more light to bear on your specific situation?
I don't understand why you would ask this? Isn't it a simple matter of being quite curious at the least?

When analyzing a situation (that imo can not be analyzed fully anyway because a judge isnt here making a ruling and I cant give specifics and you wont provide me answers directly to my case - all understood and accepted) it is best to push the envelop and explore different scenarious. I always learn this exact way. It is easy for me to apply what matters and use the rest for a rainy day reserve when I need to analyze something. Try to figure out how to go to the moon and you are almost certain to learn all about fuel.

Also I said that in the future I want to modify other items as well and this goes hand in hand with my current case.
 

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