Waves piracy lawsuit blues - don't get $$$CREWED

[divonic]

Ok, I swore I would leave this thread alone, but it's the internets so...

Waves is trying to frame him basically, as part of a broad scare tactic (knowing that their software is some of the most widely pirated in the recording community - from kids in their bedrooms to professional studios around the world.)

This is so true,they wanna make examples because they can't catch everyone....I not encouraging pirated software but i bet you 6 in 10 home studios or commercial recording studios have cracked plugins on their system or have it on a CDR(just in case) ....whether its for demo use or hobby or proffessional use......

Waves is trying to frame him? That isn't the impression that I got the first time I read this but after rereading it is a little unclear. the actual timeline is still unclear.

Did the "client" call "Walt" ahead of time and set up a meeting asking if he had X software and then he got the demos; the client visited saw the demos and began the proceedings then maybe I can see a bit of a frame-up. or at least a poor investigator.

It would be shitty for waves to call people and say I want to pay you if you have this program and then show up to see if you actually paid for it. In this case it could be argues that if waves hadn't called him he wouldn't have gotten the demos Or cracks in the first place.

but if they just set up a meeting and then at the meeting bring up the "requirement" for certain plugs and he immediatlly has them that is a little different.

I don't run a professional/semi-pro studio where I have clients but I think that it would be odd that someone asks for specific plugins. The solution is of course to talk to the client; (well first don't pirate software). say "I will get (or already have) demos of that software and if you deciede to become a paying client of my studio I will purchase them." If you are upfront about it then you cover your bases.

It bothers me when I visit a pro or semi pro studio and they use cracks.

I hope he didn't get screwed cause he had demos on his computer but if he had cracks I have no sympathy.

[jamester]

Divonic

Waves is trying to frame him? That isn't the impression that I got the first time I read this but after rereading it is a little unclear. the actual timeline is still unclear.

Just to be clear, that quote of mine was the second part of the sentence I wrote; the point was that it seems that possibility was one angle that was being played in this thread. But it does sound that way from the original post:

Back in March he was approached by a potential client who presented himself as a needing a studio who had these plugins to allow for compatibility in other studios. The "client" visited his studio where he chatted it up, and asked to see the plugins in action. My friend happily obliged and then 3 months later received a letter from Waves about the lawsuit.

I have a hard time believing Waves just randomly called this guy up out of the blue, in order to try to sting him like this. Then again, the RIAA went after teenage girls living at home who were downloading illegally, so you never know. In both cases it would seem like there were bigger fish to fry, but then that's the point of a scare tactic I suppose.


Soarer

But 75000 USD certainly isn't proportionate to the crime he has been accused of.

Indeed, that's a lot of money. The Diamond Bundle goes for just under $3K, the SSL for $750. Again, this does make it look like a scare tactic. It also looks like a bogus number which they will come way down on if the guy will go for an out-of-court settlement. Which is why he should not settle for that and demand they take him to court, IF he's innocent.

Waves must have proof like pictures of his screen with the pirated software -and NOT demo versions if they want to go anywhere with this case, I believe.

Don't know if that's even proof enough but if they haven't got solid proof they can't win right?

That's what I've been saying; it all sounds very circumstantial, and that won't win in a court of law. Again making it seem like a hollow threat/scare tactic in hopes of an out-of-court settlement.

One thing: I'm looking on the Waves site now, and while the Diamond Bundle demo is 14-day trial without an iLok, but the SSL demo requires the dongle.

[sweetjesus]

i bet he would have gotten off lighter if he stole a box of the plugins from a shop.

[KU]

As far as I see it, it's either one or the other. Which is it?

"Walt" installed demos and he committed no crime. We believe Waves will not continue to pursue this particular case. They charged him with having far more than he said he had, and they have no photos that we know of. thank god.

It is not moral hubris when I say "stealing software isn't a victimless crime", it is simply a fact.

I don't know how many other "angles" there are to stealing. How can taking something that's not yours, and not paying for it even though you're supposed to, have any more angles to it other than the fact that it's stealing? That's the freakin' definition of the word!

Piracy is copyright infringement, not stealing. Now when you are a developer then this is a very serious problem, but it isn't stealing. If "Walt" had stolen the Waves agents iPhone... that is stealing cause now he has no iPhone.

This is the digital version of a classic police speed trap. If I'm doing 90mph in a 50mph zone, and I didn't see the cop car behind the building at the bottom of the hill...can I really claim any kind of "right" to not getting a ticket?

I hate speed traps too. I think cops have no business hiding and then nailing you. When they stand out in the open they still nail people not paying attention... and then maybe they deserve it.

the difference to me is that cops are cops... and Waves has no business playing cop. When someone cuts me off, and "infringes" on my right to make a right turn before the red light... I can't pull them over.