Re: Selling ICC profile...is it legal or not?
Re: Selling ICC profile...is it legal or not?
- Subject: Re: Selling ICC profile...is it legal or not?
- From: email@hidden
- Date: Tue, 26 Jun 2007 09:26:19 -0700 (PDT)
The way that I read this, (and my IP lawyer doesn't get home till tonight) is that the EULA as written allows the following.
1. You as a consultant or service provider can make profiles for your customers devices with the following caveats.
a. the profile must be created by you
b. the test target must be printed on the device that you are profiling or on a device ovwned by the same organization that owns the device that the target was printed on. (so you can create a profile for a company that has 10 of the same printer).
c. It appears to allow you to setup a web site, have users download and print a target, then send that target to you for analysis and the output of your time is the profile.
2. What you cannot do.
a. Use the software to make a profile that is not tied to a specifc printer. I would guess that this was added so that the printer manufacturers would have to buy a specific more costly version of the product to produce their profiles.
Now I am not the contracts lawyer in our family so this is not legal advice, but I think that about covers it.
Now from the other side (since I used to be a product manager).
The companies that make the software and hardware are worried about folks making generic profiles because that means that users who download free generic profiles are going to buy their software (super high margin) or hardware (decent but not super high margin) products. We could get into a long debate about the merits of software and free software etc. but at the end of the day, (in the US at least) the person who writes the EULA that you click though gets to make the rules (not trying to start a debate here).
regards
Brentley
----- Original Message ----
From: Marco Ugolini <email@hidden>
To: "email@hidden" <email@hidden>
Sent: Tuesday, June 26, 2007 9:08:30 AM
Subject: Re: Selling ICC profile...is it legal or not?
>It is not allowed to create and sell generic profiles (e.g. for a specific
>printer / paper combination) or to bundle such profiles with your products.
>In this case you would need a special license.
>
>I hope this answers your questions.
Uh...no, actually it doesn't answer it to *my* satisfaction.
"Generic profile"? Meaning the ones that come packaged with software like Photoshop (or the OEM profiles provided by inkjet printer manufacturers)? Like Adobe RGB, for example? Or does the "generic" label also cover the profiles that we as consultants make for our clients?
That is not at all clear to me.
Marco Ugolini
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