Waves wins lawsuit.

[LEX]

http://www.audioprointernational.com/news/1976/Waves-Audio-wins-lawsuit-against-two-NYC-studios

LEX

[kdm]

While I think the studio's defense was weak and if they did use pirated copies, deserved the ruling. But, the context is disturbing:

1 - how did Waves obtain evidence? It is known they have been posing as clients or potential clients to gain access to studios - that's entrapment, or at best unethically deceptive.
2 - if studios are liable for the actions of clients or guests, then this sets a very bad precedent for future lawsuits that could hold studios responsible even for obviously uncontrollable criminal actions that simply wandered onto, or occurred by chance on their property. We will either face expensive liability insurance, or go under (supervising clients and not allowing unauthorized access to computers should go without saying, but the lawsuit opens a can of worms well beyond that level of realistic control within the studio environment).
3 - if Waves has enough money to pursue investigations and lawsuits, then cracked software obviously isn't hurting their business, so what's the real motive here?

Based on their past practices with WUP and arrogant/couldn't care less attitudes I experienced with reps, this is anything but an altruistic move to "help the industry by sending a message". I completely oppose pirated software, and support developers going after pirate sources, but this makes Waves look more like thugs than quality, professional plugin developers.

[Animus]

interesting.

[LEX]

Entrapment has to do with law enforcement. The public or companies are not subject to "entrapment" rules.

Has the RRIA and their lawsuits set a precedent that has effected future outcomes of lawsuits, no.

I imagine, someone contacted Waves. Maybe an engineer who felt that since he paid for the plugins, why do they get to make money on them for using them for free.

I think in this case, Waves suit was more just making a point, then going after places.
If you use them, and get caught we will win.

Don't know the terms of the settlement. Possibly the studios had to purchase the plugins at MSRP for past use of them.

Also, it is very easy to setup an admin account that locks out users from installing software on both Win and Mac.

LEX

[kdm]

Totally agree that it's their right to go after theft - it has to be stopped somehow.

With precedent, I was referring to a different aspect here (not enforcing ant-piracy): - this is one of the first times a company has been held liable for the actions of an employee, guest or client. If a EULA is citing general responsibility regardless of individual responsibility, then we would all be wise to reconsider signing up for liability for someone else's actions that we have no control over when purchasing software, though it doesn't seem you have to own or agree to a license to be held liable for someone else's act of theft on your property.

I recall there being an employee of a government military contract company found guilty of selling secrets to another country - the company wasn't held liable, the employee was - this is what I am referring to with precedent. It takes away the responsibility of the individual and puts it on the property owner - not a good scenario.

The RIAA suits didn't really set any precedent - it simply enforced a hard to enforce law on the individual consumer. This isn't that much different, but the context is really all that troubles me about either, not the law or enforcement of it. What the RIAA didn't do is actually endear the consumer to the right of the content creator to be paid fairly, unfortunately.

My concern here is the change of liability - the context of proof simply means someone could easily set you up for a lawsuit just by loading, or even leaving a CD/thumb drive with pirated software on your propery, and you would have no defense.

[LEX]

My guess is that the studios knew, and they had proof of them knowing.

Maybe through advertising that they had those plugins on their website. Leaving a USB drive behind with pirated software on it would be very hard to prove that the company knew.

The one company, as in most lawsuits was probably told by their attorney to deny any knowledge of it being used but probably knew it was.

Since the case is private, it is hard to know all the details, but I think there was probably enough evidence, testimony to point the finger directly at them and say "We know you knew even if you don't want to admit it".

Notice that the other studio, probably because the evidence was large, came out and said they were using it knowingly. So they probably got some deal and penalty to go the guilty route as I am sure their attorney said, "you can fight it, but chances of you winning it are almost 0 percent."

It would be hard for Waves to know unless someone outright told them, or (which I believe) they advertised owning the plugins and Waves checked their records, found nothing and investigated.

LEX

[kdm]

Probably right Lex. Studios have to get the message somehow, and this should be a start at least.

[LEX]

Probably right Lex. Studios have to get the message somehow, and this should be a start at least.

Well as discussed offline, this can help prevent future issues unknown to those who wouldn't know the recourse of what could happen to them should they decided to go the pirated route.

LEX

[kdm]

+1 to that.

[LEX]

It is pretty clear that Waves was able to tell from Quad's website whether or not they were a valid customer.

They advertise, Diamond, Platinum and SSL 4000 bundled plugins across multiple rooms.
:palm:

LEX

[dcwave]

Friends don't let friends use Waves :)

[nikki-k]

Friends don't let friends use Waves :)
LOL!!!

[LEX]

Looked at Quad Studios, who was named in the lawsuit. They are't exactly small. They are pretty large actually. 3 different facilities, world class rooms and equipment too.

Shame!

LEX