Quote:
Originally posted by SoBeGirl Video
Yes F and I , SoBeGirl has never sold my content to a reseller just for this reason. I have it in my license so that it is clear that when you buy my content it is not to be resold. Joe on the other hand sold SoBeGirl his content to be resold. That is all SoBeGirl does. And one point very legal in nature too is this;
This fact is that SoBeGirl sells content at a very affordable price is one of the first things a Judge would ask. What would be a expected price for the sale. All you have to do is look at my promotions and you will see I have been offering great deals on content for years. [/B]
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The first thing a judge would want to see is the license, that is the contract...
Joe has his license available on the site prior to purchase...
Joes license also states that the purchaser does not have resale rights unless explicity put into writing...
His license also states very clearly:
"Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the materials, except as specifically provided above."
and:
"9- Entire Agreement.
This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties. "
and:
"11- Waiver of Contractual Right.
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement. "
That is what the judge will see..... and of course you standing there sputtering about saying...but but but but but...
and you will be fucked...
Erik... settle up with Joe... You will lose in court imho...
I rest my case and am out of here for the night....
peace
btw... Eric, congrats in advance on winning the esteemed first annual SOBE award... Couldn't happen to a nicer guy
