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Re: Selling ICC profile...is it legal or not?
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Re: Selling ICC profile...is it legal or not?


  • Subject: Re: Selling ICC profile...is it legal or not?
  • From: Walker Blackwell <email@hidden>
  • Date: Sat, 23 Jun 2007 08:48:06 -0400

A "good" work-around is to offer a link for the customer to download the PM5 software free on Gretag's web site. Then the customer will have all the targets legally. After all, the software doesn't work without a dongle and it gives X-Rite/Gretag more registrations. That's probably what they are after. It would be nice if the new x- rite website upgrade would offer a ColorPort target download/sharing service similar to Adobe/Macromedia's Developer sharing pages.

I'd go with the Atkinson profile swatches myself though. Like other people said. They are better.

take care, Walker


On Jun 22, 2007, at 7:50 PM, Giuseppe Andretta wrote:

Hi
I'm an independent color consultant in Italy and i'm offering a 'remote profiling service' on my web site. I've zipped some Gretag MacBeth target (TC9.18 and TC3.5) for customers' download but i was asked to remove them from my web site because they are copyrighted by Gretag MacBeth. That's right, no problem...even if i've found other color consultants on the web that let customers download copyrighted target from Gretag MacBeth.


The problem is that this fact made me think about the legality of selling ICC profile made with Gretag MacBeth tools. So i've kept on serching if it's legal or not to *sell* custom profile but i didn't find a clear explanation on the web. I read the EULA (I own an EyeOne spectrophotometer and Profile Maker 5) and i've found this:

2 Use of Profiles
a) The Software is licensed for use only as follows:
(i) To create profiles on the specific input or output device that You own or otherwise possess and for which they were created ("Your Device"). You may make these profiles available to third parties only in circumstances in which the third party will be optimizing images that have been created on, or will be output on, Your Device, provided that Your Device continues to be owned by You or in Your possession at such time that a profile is made available to such third party; or


(ii) to create profiles by using reference characteristic data which are publicly and without consideration provided by professional or trade associations like standardization institutes to be used for their intended purpose; or

(iii) to create a profile, as part of Your providing a profiling service, for a specific input or output device owned by a third party for use by that third party on such device.


Reading the point n. 3 (iii) seems to me that a color consultant *providing a profiling service* can do it; in respect of the EULA. Do you agree with me?


I know there are a lot of color consultants on this mailing list and i was wondering if anyone has experienced problems on selling ICC profiles made with Gretag MacBeth/X-Rite tools. Let's suppose that it's not allowed by this brand, does anyone knows if some other vendors (Barbieri, BasICC, Fuji ecc.) allow consultants to sell their ICC profiles for monitors, cameras, scanners, projectors or printers?

Thanks in advance for any help.
_______________
Giuseppe Andretta
www.colorconnection.it
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 >Selling ICC profile...is it legal or not? (From: Giuseppe Andretta <email@hidden>)

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