Established [Auction] Photo selling website

[Swift-Serve]

I'm looking to sell my photo selling website. I don't have a domain for it, its in a folder of my main website. The sale would include the script plus all of the photographs which you would have permission to sell. I don't have any stats available, and in terms of revenue, it hasn't made much at all, but with the right promotion it is potentially a very profitable business.

The URL is http://www.ativi.com/buyphotos

Please PM me for more details, or if you wish, please make an offer.
Bidding starts at $1, with a low reserve.

Regards,
Jamie

 

[dalt]

The ability to sell a script.

Just for a legal standpoint regarding selling a script that was purchased legitimately.

It is anyone's right to purchase a script to set up a commercial enterprise.

In the case of Ktools they sell a commercial script and therefore, the purchasers of this script are legally intitled to then sell the script along with the goodwill that has been generated from the site that they have created.

Ktools can't have their cake and eat it too.

To say anything otherwise is totally flawed under western law.
If Ktools are pandering or beating their chests threatening to take legal action against such persons, then let them try. They will be sadly informed that they cannot and will not impinge on the rights of people to act commerially.

Now, if a purchaser of Ktools script, trys to on sell copies of the script, then this is a different story.

For any one's reference, this advice came from my son who is a highly credentialled litigator (Lawyer).

One must remember, that just because one signs a contract with a lot of terms and conditions, it means absolutely ziltch if the seller can't stack it up in court.

In Ktools case, they must be a bunch of legally inept coders who are trying to bluff purchasers into believing that they have no rights. For christ sake, why would you buy a script if you can't realise a profit by selling your website later on.

Dalt

 

[robertjr]

It is anyone's right to purchase a script to set up a commercial enterprise.

Not to argue with a

highly credentialled litigator (Lawyer)

but, that is not correct!
I would like to see where that is written into law.

Did your son read the agreement himself?

The Software Licence Agreement would hold up in court if for only one reason. You have to agree to

You may install “PhotoStore” on a single website domain.
You may not lease, sell or re-distribute “PhotoStore”.
“PhotoStore” is provided as is.

to make the purchase.

Nothing tricky or unclear about that. :imho:

For christ sake, why would you buy a script if you can't realise a profit by selling your website later on.

No kidding!!!
I like the script myself, but the "Ktools.net Software Licence Agreement" has stopped that purchase. :bah:

 

[dalt]

Can't be helped

Not to argue with a but, that is not correct!
I would like to see where that is written into law.

Precedent my son, Precedent!!!!!!undefined


No kidding!!!
I like the script myself, but the "Ktools.net Software Licence Agreement" has stopped that purchase. :bah:

I would like to quote an instance.

I recently went into a commercial arrangement whereby I had to sign a contract. I had the contract checked as it had some erroneous clauses which I didn't agree with and if changed,the deal would have fallen over and as there was a lot of money was involved, I didn't want this to happen.

The legal advice was - Sign it as the agreement wouldn't hold up in court.

So, coming back to my learned friends interpretation of the law - Where is it written...Precedent rules.

As it turned out, the deal turned sour and funny enough, the contract didn't stack-up in court. As a matter of fact, it didn't make-it to court as it was fatally flawed under the law.

The point I am trying to make is this - If someone insists you sign an agreement, licence or some form of contract, it has to be enforable in the courts to have any substance. The law in most cases is logical so if you want to, you can believe our quazi lawyer who obviously is an expert, but not in law, or my free legal advice and wisdom of 30 years of owning and operating a large media base operation - now retired.

Dalt

 

[LittleBigMan]

Just for the record, I am aware of the dfference between selling on a legally owned licensed copy and selling multiple copies of the same script. The latter I have always known to be in breach of contract, but the former we should be able to do without fear of litigation.

"For christ sake, why would you buy a script if you can't realise a profit by selling your website later on"

Yes, this is my main contention and the reason I wont be using their script at all. It does seem ludicrous to me and I responded to Ktools yesterday that it was futile of me even bothering to purchase a script based on this understanding.

In terms of contractual obligations as RobertJR suggests: May be contracts are flawed and wont stand up in court, but is it not incumbent on the buyer to ensure he only signs if he agrees with the contract, as Robert suggests

It seems that scrutiny of contracts is the problem here. If a contract isn't likely to stand up in court, then it should not be allowed to stand as a contract. The fault rests with the process/system that allows contracts to be formulated and adopted without sufficient control. They should be endorsed by a legal entity.

The bottom line is that I am not going to pursue this script.There are plenty of other good scripts out there and the loss is not ours really, but Ktools.

 

[JeeJee]

i'm pretty impressed with the Ktools script but frankly it is not worthwhile to purchase a site with the script and get into any legal issue?

One would probably pay $295 to Ktools to buy a new script if he wants one. But i'm not sure how can he sells it on.

May i ask is there any comparable script as to Ktools which one would like to recommend. PM me if it's not suitable to post it here.

Many thanks

 

[LittleBigMan]

Guys

Latest is that I can now run this script, having received a further reply from ktools to my earlier query

Don't ask

LBM

 

[dalt]

A better script

Yes there is a better script and for a third of the price.


Email for details.


Dalt


TE=JeeJee]i'm pretty impressed with the Ktools script but frankly it is not worthwhile to purchase a site with the script and get into any legal issue?

One would probably pay $295 to Ktools to buy a new script if he wants one. But i'm not sure how can he sells it on.

May i ask is there any comparable script as to Ktools which one would like to recommend. PM me if it's not suitable to post it here.

Many thanks[/QUOTE]