Just got a question re why our TERMS OF SERVICE (which you agree to, when you buy one of our products, by checking off a box before you buy) do NOT allow reselling a DVD of ours after you buy it.

Please see PS for relevant excerpt from those terms!

And here is my answer:

Hi ...,

thanks for your straightforward feedback! I appreciate it.

I also appreciate how you actually READ the terms.

Allow me to share my side of the coin:

First of all: I was a professional jazz drummer for 14 years. So, I know the "Jazz Life".
(Some old sins: http://soundcloud.com/falkwillis)


I assume you refer to the part about "resale of our products is NOT permitted."

Here is my "why" for that:

To begin with: I did my best to offer various versions at various price points that hopefully allow as many people as possible to watch these videos, if they are interested:

$39.95 for the DVD
$39.95 for the LIFETIME online version
$29.95 for the  12-month online version
$19.95 for the  24-hour online version

So, if your intention would be to buy the DVD for $40, watch it, then resell it on Craigslist for $20 or something like that:
where is the big difference to simply buying the $20 or $30 version mentioned above in the first place?

Also, please understand:

I am not some "big, bad company" or some "rich guy" doing this.

I am just a little guy with a good idea, a nice vision, some crazy amount of persistence, and somehow the ability to rack up a lot of debt to make this all happen.
I invested north of $500,000 in this right now. Most of which I did NOT have in my savings account or under my pillow.

Also, I pay our artists slightly less than 50%. That's unheard of in this industry and multiple times more than other company producing instructional videos that I am aware of.

So, you can do the math how long it will take me/how many videos I have to sell to just be at ZERO again...

And I worked on this for 2.5 years straight now with my team.
No income during that time.

Blablabla, all is well. I am not complaining. I chose to do this. And I am happy I am doing it.

And now, in a very fragile world of digital delivery and people pirating stuff left & right, I have to do the best I can to protect what I worked my a** off for quite a long time.
You see what I mean?

And part of the very few things I can do so is:
not permitting reselling the DVDs, since that then consequently means, if I see one of our DVDs for sale on Craigslist/Ebay, etc. that the person doing that is either

1) somebody who doesn't follow the terms they agreed to when buying it
2) is a pirate who copied it to begin with
(and I will take the necessary actions to prevent them from doing this.)

Does that make sense?

Sorry for rambling.

But probably now we both know more about the other side's perspective.

It sure does look always different from the other side, doesn't it?

Thanks for understanding my position!

All the best,


Here is the relevant excerpt from our terms:


This agreement permits you to receive a single,
non-transferable, non-assignable license for the non-commercial private
exhibition of this product. This product is not to be re-sold or
reproduced or copied at any time. In other words, you expressly agree
that these materials are for your own personal use only, and are not to
be sold, reproduced or copied or otherwise distributed or transferred
to any others now or at any time in the future. Fawi, Inc. will, in all
circumstances, vigorously pursue anyone who infringes upon or otherwise
violates its rights under this contract or at law or equity for the
maximum remedies, predictions, and statutory damages allowable under
but not limited to Title 17 of the United States Code, Chapter 5."