Don't steal software, bro. You might get sued!

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LINK: California Federal District Court Awards Cinesamples LLC $379,050 in Digital Piracy Suit :: Film Music Magazine

[h=1]California Federal District Court Awards Cinesamples LLC $379,050 in Digital Piracy Suit[/h]Film Music Magazine • March 14, 2012

Los Angeles. On March 9, 2012, in a judgment given by Federal District Court Judge Dolly M. Gee of the U.S. District Court of Central California, Cinesamples LLC, a California corporation specializing in creating and marketing virtual sample libraries for film/TV/game production, was awarded $379,050 in damages and lost profits plus attorney fees against Pablo Vargas Casas, a resident of Chile, on three causes of action: violation of the DMCA (Digital Millennium Copyright Act), copyright infringement, and breach of contract.

According to the Court’s civil minutes, in June 2011, Mr. Casas, “used Internet discussion boards to organize a group purchase of a single license for the CineBrass software library.” On June 15, 2011, Mr. Casas purchased for download the CineBrass library for $399 U.S.D. at which point Mr. Vargas agreed to a software licensing agreement.

After downloading the CineBrass program, Mr. Casas altered the software housing the CineBrass sample library, the Native Instruments Kontakt player, which then permitted unlicensed versions of the software to be distributed to multiple users. Mr. Casas then uploaded both the “cracked” Kontakt software and the complete CineBrass library to several illicit file sharing web sites, resulting in approximately 950 potential purchasers and unlicensed users downloading the library.

According to his Linked In profile, Mr. Casas lists as his skills, Scripts Programming Platform Native Instruments Kontakt 4. He attended Universidad Autónoma de Temuco from 2008-2011, and the Universidad de Los Lagos from 1995-1999. Mr. Casas lists himself as the proprietor of iCeSamples [IceSamplesStore]. He is 39.

According to his Facebook profile [https://www.facebook.com/PabloVargas72], Mr. Casas has done work for the Orquesta Barcelona.

Because Mr. Casas did not appear in court to defend himself, Judge Gee awarded Cinesamples with a default judgment based on the list price of the program times the number of downloads. Court minutes did not state which Internet discussion boards Mr. Vargas posted to.

Under Terms and Conditions on his own web site, Ice Samples, Mr. Casas, also a virtual sample library developer, states that, “Only the original purchaser has the right to use the sound samples. This means you cannot sell or give the sounds to anyone else.”
To help PayPal prevent credit card fraud, Mr. Casas only accepts payments from verified PayPal users.

Source: www.soniccontrol.tv

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It is serious out here!
 
they came after this guy because distributed the product. He opened the doors by cracking it and distributing it not because he was someone who downloaded an illegal copy
 
The best reason not to steal software, however, is an entirely practical reason rather than a moral or legal one; pirated software is the source of an estimated 90-95% of computer viruses.

When you run a business, you can't say to your clients, "Oh, yeah, sorry dude. I know you wanted me to make some minor changes to the last draft of the mix I sent you, but I actually lost all of the files and settings for that song you're paying me to mix and the stems to that beat I sold you exclusively. Just let me nuke my computer and get it running properly again with all of my pirated software, re-create that beat from scratch, and hopefully I can tweak that mix pretty close to the way you liked it again."

See, that's just not professional. If you're trying to be a legitimate professional, it's worth the investment to use legitimate software so that your computer (and by extension, you) can be more dependable.

-Ki
Salem Beats

- P.S.
Clever virus developers set an incubation period for their viruses so that it's harder for you to track and eliminate their sources. You may unknowingly install a virus alongside some pirated software, and the virus may lay dormant for, say, 2 and a half months. Then, all of a sudden out of (seemingly) nowhere, BOOM! I guarantee you that if you have a scrap of pirated software on your computer, it's very likely that you have a dormant ticking timebomb of a virus just laying around somewhere on your hard drive, waiting to activate.
 
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I know.

But I was just saying that messing around with stuff like that can cost you some big money. Companies are going after dudes for stealing stuff.

I wasn't directing that comment at you btw, just simply stating my opinion.

---------- Post added at 01:36 PM ---------- Previous post was at 01:23 PM ----------

Says the guy who uses samples.

Unless of course you have the rights to modify and distribute that music?

I like how you assume you know anything about me or what I do with my music lol
Your statement would have relevance if in fact I was distributing sampled material however, that is not the case... I do lease beats and yes I do have rights to them. I only distribute royalty free and cleared beats of course. Anything not cleared is just used as promotion and given away for free (mix tapes etc.)
That being said, I hope you learned a valuable lesson here. Jumping to conclusions most always makes you look like an ass in the end... :)
 
Viruses are ready to jump out in most ads you see lol. You need adobe flash player to see this page content, click here to get flash plugin. End user clicks then has browser automatically close, wit ass 80 yr old ass on the desktop and fake antiviruses popping up. Ppl with no purpose in life, sit there and make that stuff.

I'm surprised they pulled his whole card. How do you pirate stuff and have all your info on the net without being paranoid about it?

Not to try and defend the guy, but the person who made the article is horrible. No reason this man's facebook should be included.
 
I wasn't directing that comment at you btw, just simply stating my opinion.

---------- Post added at 01:36 PM ---------- Previous post was at 01:23 PM ----------



I like how you assume you know anything about me or what I do with my music lol
Your statement would have relevance if in fact I was distributing sampled material however, that is not the case... I do lease beats and yes I do have rights to them. I only distribute royalty free and cleared beats of course. Anything not cleared is just used as promotion and given away for free (mix tapes etc.)
That being said, I hope you learned a valuable lesson here. Jumping to conclusions most always makes you look like an ass in the end... :)

lol just because you give it away free and distribute it for free doesn't make some one else's copyright void. What do you think piracy is?

I didn't assume anything thats why I asked you a question, I suggest you go back and read what I said before you make assumptions.
 
[...] fake antiviruses popping up. Ppl with no purpose in life, sit there and make that stuff.[...]

Virus developers who create fake antiviruses have definite purposes -- they infect your computer and charge you $60 for the "cure" that will trigger their virus to sit dormant for 4 or 5 more months. Very profitable for the virus developer when you consider the millions of clueless computer users who can't identify the telltale signs of fake antivirus software.
 
Yeah your right, but that only helps the developer so far because who says the person will go to their business to get it fixed? The end user could be way on the other side of the map. Its logical for a large corporation like HP/Dell etc, when the less savy don't know whats going on and their computer is misbehaving. Things like spyware Key-loggers etc I could see a benefit. I guess if your going to mess with somebody and your not getting anything out of it. Access their webcam add this to your C++ form
int main()
{
OpenCloseDoor("D", true); //D is my cd drive
OpenCloseDoor("D", false);
return 0;
}
and watch their faces. At least you'll get a laugh. I work as a tech, and most of the time I see the suspicious redirects on websites, and malicious files sitting on the local drive. Its like they attract attention by the names alone lol. Some times I just think to myself what good does it do to the dev that created it if its not returning anything back to them.
 
lol just because you give it away free and distribute it for free doesn't make some one else's copyright void. What do you think piracy is?

I didn't assume anything thats why I asked you a question, I suggest you go back and read what I said before you make assumptions.


Cold Play gets sued for their "Viva La Vida" song in 2008.
Fast forward a year later...
2009 Drake releases his first mix tape featuring a Cold Play sample from "Viva La Vida" making him known which then results in a record deal making him millions. Why wasn't Drake sued? Don't you think Cold Play would know the legalities of sample issues especially after being sued for that song in particular?
Some artist even go as far as using complete songs of other artist to use in their mixtape...

Example:
"Mr. Jones" is the first single from Mike Jones' album The American Dream. Bun B, Lil' Flip, DJ Drama, Letoya Luckett, Slim Thug, andKing Mello make cameo appearances. At the end of the song, Mike Jones claims that there is a film called The American Dream coming out as well as the EP. The single debuted at 92 on the Billboard Hot 100, but the following week it fell off the chart.
The video for "Mr. Jones" premiered on February 15, 2007 on BET's 106 and Park.
Rapper Lil Wayne used the music from this song, replacing Jones' lyrics with his own, and released the mix as "The Sky Is The Limit" on his2007 mixtape Da Drought 3.

Someone please correct me if I'm wrong. And please show proof of your rebuttal.

Anyway, you know what you were implying, I don't need to explain myself any further thank you...
 
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So your defence is, someone else didn't get sued so you won't? plenty of people haven't been caught for murder doesn't mean its legal for you to shoot someone in the face.

You have no legal right to distribute other peoples music without consent. I can show you proof, look at any retail CD you have. Read the small print.
 
Well my ticking time bomb has remained dormant for 3+ years now... To be honest that whole thing about viruses is BS as long as you have even mediocre computer skills. I have never -EVER- had a virus. I do not condone piracy and I try my best to pay for the software I use, especially if I am profiting from it. However my music budget is limited to what I make through music, so I cannot always afford things that interest me. I have tried certain software before that was otherwise not available as a demo and if I really like it I make it a point to purchase it. If I don't end up using it I delete it. I hope to someday be able to have a reputation that allows me to test things from vendors through trust and confidence. Especially with regard to sample packs, there are a lot of companies out there just repacking things and trying to sell it to us at a premium. It is not a perfect system, and stealing is stealing so don't get me wrong. It is just tough to keep up with the pros who have a much larger budget which equates to access to stuff I would otherwise be non the wiser about.
 
get a mac f#@k a virus ;) and yeah i download loads of illegal movie content never one virus or at least that i know of haha and you know what for people who have morals i respect that, i just dont have any or at least for digital content ;)
 
Don't comment on this just for your own sake, a mod already got mad at me for talking about pirating as it is.

Pirating is up to you, if you want an experienced opinon your only gonna get caught seeding, no ones gonna sue you cause no one will find out. Plus most of you are pirates anyway, and half of you don't realise it. Sampling? Piracy. Mixing? Piracy. Even DJing? Yes, it can still be considered piracy.

Welcome to the United States Government, where we bend our constitution and laws so far that we can let corporations have intercourse with our wallets.
 
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The best reason not to steal software, however, is an entirely practical reason rather than a moral or legal one; pirated software is the source of an estimated 90-95% of computer viruses.

When you run a business, you can't say to your clients, "Oh, yeah, sorry dude. I know you wanted me to make some minor changes to the last draft of the mix I sent you, but I actually lost all of the files and settings for that song you're paying me to mix and the stems to that beat I sold you exclusively. Just let me nuke my computer and get it running properly again with all of my pirated software, re-create that beat from scratch, and hopefully I can tweak that mix pretty close to the way you liked it again."

See, that's just not professional. If you're trying to be a legitimate professional, it's worth the investment to use legitimate software so that your computer (and by extension, you) can be more dependable.

-Ki
Salem Beats

- P.S.
Clever virus developers set an incubation period for their viruses so that it's harder for you to track and eliminate their sources. You may unknowingly install a virus alongside some pirated software, and the virus may lay dormant for, say, 2 and a half months. Then, all of a sudden out of (seemingly) nowhere, BOOM! I guarantee you that if you have a scrap of pirated software on your computer, it's very likely that you have a dormant ticking timebomb of a virus just laying around somewhere on your hard drive, waiting to activate.

great reason but for its even better. I don't want to spend a week downloading one plug in. I knew a guy who cracked Logic and it took him a week just to get everything installed then he got a virus and his system crashed. For me its just easier to have a boxed copy of your software if you can do it.
 
Ha! Haha! Hahahahaha!

Ok. I'll humor you for a moment.

How do you know that you've never had a virus?

If you are at all comfortable with computers you will never get a virus... unless someone is trying to say hack into your bank account information or maybe you harbor nuclear launch codes or something.... but if you are not a high risk target and you know how to operate a computer well viruses really are not an issue.

They are designed to prey on the computer illiterate in hopes of turning a profit somehow or harassing an individual. I do not fit the profile and with common sense and I suppose some luck I have managed to stay virus free. I know this because I know how to monitor my system process, my registry, and the incoming/outgoing traffic on my internet.

In fact, I have found the cracked content available actually comes stripped down, free of bloat ware and sometimes even malicious content. You can google Tone2, a company known for a popular VST called Gladiator. The creator of this VST added fake registry items and phone home protocols that could do potential damage to my PC, all in an effort to ensure software protection. I understand that protecting your content is important, but at what cost to the consumer?
 
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