Picaja has already withdrawn from further Fusion sound library development due to his (ahem) customers divulging their download passwords to others allowing them to get his superb material for free - five purchases, hundreds of downloads ... or something! Go figure!
Well, speaking as (I guess) one of the five I am very sorry to hear that although I can quite understand.
As another of the five, I just can't believe that for the price Picaja was charging, people still wanted to rip him off.
FWIW, I had 3 Fusion 8HDs, now only 2 (oh well), but Sweetwater -gave- me the 'Sweetwater' Fusion Volume on a privately burned DVD; no ifs, ands, buts, wheretofores, non-disclosure agreements, EULAs, no copyright emblems or warnings, NOTHING; NADA. It came on a Sweetwater homemade DVD, directly from Sweetwater, black magic marker on the front and all. I asked, I received, no payment, no problemo. Therefore, I believe that is called 'free'. Now others may not have had this experience, and that is indeed unfortunate. Sweetwater is a decent place to buy, if you like and can trust their 'free FedEX shipping'; I didn't have any luck with that last part. They no longer sell any Fusions (or E3 memory) refurbed or new anymore and the instrument is officially dead and out of production; as far as Sweetwater is concerned, it's a 'dead horse'. IMHO, if they truly intended to charge for this 'sweetwater volume', a lawyer 'could and would' have found Sweetwater liable to many others for many things and lots of dough (that's all they do). However, since the other companies involved do allow sharing and/or performance rights of their free/factory sounds (Alesis/Hollowsun, etc.), they 'may have' decided to just let it go. I have shared this volume and have not been struck down by lightning or lawyers, due to the fact it was 'free'. When I asked Sweetwater about it, I got no reply; they simply couldn't care less. What can I say? I bought my first 8HD from Guitar Center, had no problem; bought my 8HD from Sweetwater, and FedEx killed 2 of them, stabbing them with forklifts before I got a good one; my only advice in the negative is don't buy heavy keyboards from Sweetwater and let them ship FedEx, or in the alternative, go to Indiana to their 'killer' store to pick it up; take their online tour, it's good. (You should see my photo of my 3-8HDs though, it is nice:). Other folks have the same 'Sweetwater' Volume, and it's about 1.4 GB. I like it, but I also like a lot of what Alesis and Hollowsun have provided (which is what most of this 'Sweetwater' version is anyway), and what our fellow Fusioniers come up with, here and on the other Fusion forums. We can do anything with the Fusion if we put our fingers and minds to it! Hope this helps to clear this up, and that no one is offended or insulted. Cherio!
But (as I understand it) you bought your 8HD from Sweetwater which explains why you got the DVD for free.
I for one hope they are not giving it away to anyone who asks because part of the Sweetwater bundle was 'Nebulae' which we came to an arrangement over as a sales promotion back when Fusion was current and Sweetwater was one of the few dealers who really got behind it and pushed it.
If the freebie DVD you have contains 'Nebulae', your sharing it with other Fusion users has potentially deprived me of some sales so I might be a hundred bucks or more down on the deal
Nothing I can do about that but please bear that in mind.
One Fusion owner sent me a mail and reported that he bought a Sweetwater Fusion and found a few of my Programs on the harddisk. Well, I guess those were the kpr FREE Presets so I don't think about this too much, but I never authorized them in any way to do this though.
2/10/09 Hello Fellow Fusion users; I'm not of the belief that anyone should beat dead horses, politicians, lawyers, or Sweetwater 'sounds', but as I found some spare time to research this issue and check on the list this week, I thought I would respond to Steve's and KPRs notes re the 'free' sounds, i.e., the Sweetwater sounds issue, and the legal ramifications of this particular 'dead horse'.
Note to Steve and KPR; You have my utmost respect as fellow artists and creators of fine music. I haven't put any of the sounds/materials included with the Fusion instrument, or the 'Sweetwater' volumes up on the web, nor have I distributed it or made any money from it; it has been shared with exactly two people who also purchased their Fusions new, and who only use them as I do, in their homes, not for public performance. If I ever find 'Nebulae' on either of my 8HDs, I'll let you know and I'll consider removing those sounds from my instruments, if that is your wish, provided, 1) you send me a hard copy list of all the copyrighted sounds which are included on or with the Fusion in your agreements with Sweetwater, 2) including a copy of said agreement(s) made with Sweetwater and/or Alesis, which applies to and restricts any uses of said sounds by the purchasers of the Fusion and relavent soundset, 3) and any copies of warnings or advisories which are to be stated to customers before their purchase of the Fusion and said soundset; even though I wasn't a party to that contract or any 'deal' you negotiated with those folks.
And no, I'm not being a sm****ss, but this is what any decent lawyer (if there is such a thing) will say if you ask them; I did. I am looking for any of the sounds or programs you have specified, with any similar names which may be connected to these particular packages on the Fusion. Fair warning, I don't want sympathy, just understanding; I have a spinal condition and don't get much time to spend with my Fusion each day, it may take me some more time to find the sounds you want excised, unless you tell me exactly what it is you want deleted, where it is, and how to do it without affecting the rest of my soundset, it's either a bigger database than I can deal with, or perhaps the Sweetwater people didn't 'give' me those materials you are concerned with.
Now, as to what I am concerned with, and the subject of this note;
All of us know that many lawyers have been consulted by many musicians (and I call them legal weasels) about the content -sounds- placed into/onto synths and keyboards, and the copyrights, performance permissions conveyed to the buyers after they buy an instrument. There are too many lawyers, and they will all give you many opinions, depending on how much you pay for them, but after many lawsuits, the courts have pretty much sorted it out. My own personal opinion is in agreement, as having been a performing musician and writer for over 40 years, I absolutely concur that Steve, KPR (and all of us) should be fairly paid for what we do. Lord knows Steve and KPR do mind-bending work that I and all the others who own Fusion keyboards love and appreciate. However, that being the case, whenever ANY musician or writer makes a deal or comes to an arangement with any vendor, by placing his or her work, artistry or sounds into or on an instrument which is then made available as an instrument package which is then sold to the general public, the courts have consistently held, that unless the purchaser of the instrument is fully informed -before the sale of said instrument-, that the sounds/samples/music contained within the instrument is copyrighted, proprietary material and cannot be shared with others, played or performed publicly, or perhaps most importantly, otherwise used to make or produce any derivative works which subsequently causes money to change hands, then the purchaser of the instrument shall not be held liable for any claims, damages or wrongdoing made by those who created or contributed to the music or materials which constitutes any part of the instrument (or is included in any prior agreements between vendors and manufacturers or 'creators') as offered for or included in the sale.
Don't shoot me; I'm not a lawyer, only the piano player. I'm on your side Steve. I believe that you made a deal with Sweetwater, but your attorney who worked the deal with either Alesis or Sweetwater didn't do you due diligence, or whatever it is they're supposed to do. ANY musician who contributes his/her material to the creation and manufacture of ANY instrument to be sold should realize this.
I know this is an eye opener for some of us. but I also agree with the courts; I got bitten a long time ago. I wrote a great song; I thought it was great anyway; then I negligently left it lying on the coffee table, where my then good friend and guitar player promptly saw it, filched it and copy-righted it as his own. Thankfully, he never made any money on it, and he OD'd some years later. I probably would've done better, but at least I outlived him:).
However, in all fairness and truth, if I would've received ANY warning from the sales people that I couldn't use/perform with or share any sounds contained in the Fusion or any other instrument I've bought in the last 30 years, I can pretty much guarantee you I would probably have thought twice about NOT purchasing it, or alternatively, I would have insisted that such material be deleted from the instrument before I bought it. I've never been so advised nor have I seen any such warning contained in any vendor's promo material or manual, or on any keyboard I've ever bought; ever.
Aren't guitarists lucky; not really, I play those too. Considering that vendors wouldn't sell many instruments that way, you probably won't get such prohibitions in the future, but maybe not; anything is possible. I can picture the day-glow orange warning label placed on top of the new Future Alesis keyboard's LCD display; 'Warning; you can't use or share any sounds produced with any sound contained in this instrument, after you buy this turkey'. Just kidding, Alesis.
Perhaps we, the creators of the sounds, the keyboard manufacturers and dealers like Sweetwater need to think about that, and next time before you/we lend your/our talent to a manufacturer or dealer, promotional or not, you should come to a more fair 'prior to the sale' arrangement with them, so Steve & KPR and we, of course, will be fairly reimbursed before complaining or going after the instrument purchasers, whomever they may be, after the sale, when it's mostlya mute point and no actual damage is intended or done by anyone to anyone.
Or, instead of attempting to restrict the use of the samples contained as part of the instrument's sound package, the creator of the material could 'give-no strings- attached,' a small sample (pardon the pun) to the instrument and purchaser and then offer the 'full' soundset, i.e., like 'Nebulae' at a discount to the original purchaser of the instrument (or whoever you wish to buy your full product). I really thought that is what most sound producers actually DO these days. It's what I would do, if I were doing it for money.
At any rate, since the Fusion and it's attendant sound package is no longer made or sold by anyone, anywhere, unless it's a used one, and since no vendor or dealer at any time has ever warned or advised any purchasers (at least, none that I can locate) of the Fusion about this horrid subject of restrictions of ANY Fusion soundsets or volumes as purchased or included with a new Fusion, I believe this is just going to have to be water under the bridge.
I apologize gentlemen, if you believe I am to blame for your conceived loss of $100.00; I am certainly now more aware of this particular issue than ever before in my entire 57 years. I understand the philosophy, I certainly respect your fine work and materials as creators, but I'm not the lawyer who made the bad deal for you regarding the sounds you chose to include for or with the Fusion. I'm not being sarcastic; I don't steal any copyrighted materials of any kind and advise others not to do so either; it's bad Karma and will come back to you. I do accept free sounds from others; I give of what I create as you do; I also pay good money for what I choose to buy and use, including what is bought or provided with my instruments, so please; don't think I'm a bad guy for what others have failed to do for you in your business deals with sales people. If I, like other Fusion users, appreciate Steve's or KPR's samples enough; and I do, I'll certainly buy the whole package offered for sale at the going rate. I'm seriously considering it by the way, and have made pre sales inquiries, but it's NOT going to encourage me to spend more, if I'm going to be considered some sort of wrong doer in the Sweetwater Sounds debacle. If I thought I were doing anything illegal or morally wrong, I certainly wouldn't try to clue fellow Fusion users in on this important issue. My own lawyer is not a music industry lawyer, but offered me much the same information and opinion as a favor, based on case law he found, which is much the same as what I located in my own research. I hope this info will in some way help those in the business reach a better 'deal' the next time negotiations are entered into with any vendor or manufacturer, but no one should think any of the folks who purchased the Fusion and sound set that came with it would try to rip Steve or KPR off. If you don't want this to be an issue, don't include your materials as any part of an instrument for sale unless you've been well paid before hand, but it really does beat most other forms of advertising, and you will probably make more money by giving a little in the beginning. And, it's Good Karma!
So, no hard feelings guys? We're all forewarned now, even though its too late, about the 'Sweetwater Sounds' deal?
Now; does any Fusion user have any killer Hammond/Leslie-type sounds they're sharing at no cost/in the public domain for the Fusion, that aren't otherwise encumbered or in violation of some legal deal? Good evening and best wishes to all, Sclause
[Edited for legibility - Admin]
Last Edit: Feb 11, 2009 14:20:35 GMT by Hollow Sun