how about pet food? their arguing after the buyer purchased it, the producer doesn't have control of how well the buyer keep the product so they shouldn't resell those because it will hurt brand's reputation, same argument about product warranty. does First Sale Doctrine apply to these type of products?
always be careful with well known characters......especially Marvel comics, NFL stuff and Disney.....the bigger the company the bigger the legal risk, generally speaking of course.
If you sell a new item as used and a no warranty or affiliation clause in the item description does the first sale doctrine hold up? Can the IP holder still say the item is materially different and say the first sale doctrine does not apply?
In your first example jack sold the book for less than he bought it for. Could he of sold it for more of would that be illegal. For an example, you bought a shirt for 50% off then you go and sell it on your website for the original full price.
I would say selling it for more is legal. I mean, you see vintage stuff sell for way more than original price. and if there is a limited product, you can sell it for more a few years later because people are willing to pay for it..
first sale doctrine. does this mean video games also? At no point am i ever told if i buy a pc game i can not resell it or that they can remove my right to play it via shutting down the drm sever. Can i sue over not being able to sell my a game and for them not telling me upfront? My hope is to sue are try to sue and change the law if not.
If you buy it in the store it does not say anything on the item , I think they should not be able to trick you into buying it under the idea that you own it by going out of there way not to tell you this until you install it. I do not understand how tricking people can be legal where they can say after the fact.
i think the first sale doctrine should be abolished the supreme court should overturn their decision on the law that makes it illegal to sell used electronics. as of lately the last 2 years there has been a lot of rain and i suspect that since the tech industry has lost their battle with the first sale doctrine they are renting time on the haarp to make it rain and wash out yard sales. but make the law like the seatbelt law where they cant bust the yard sale for selling used electronics alone they have to bust them for something else like stolen property, circumvention devices, breaking and entering devices or cheat devices* lets say the ones running the yard sale is selling stolen goods like say they broke into an electrical store and stole a bunch of ceiling fan kits and is selling them at the yard sale now the police can bust the yard sale and the selling of electronics. or lets say the yard sale is selling a bunch of hdcp stripping devices that allows recording protected hdmi content the police can bust them. or lets say the yard sale is selling a bunch of emission test cheat devices (volkswagen scandal) they can bust the yard sale. or lets say the yard sale is selling a bunch of lock picking devices whether picks them self or key fob jamming and capture devices or devices to make them magnetic door locks fail the police can bust the yard sale. if we could take away the incentive for the tech industry to buy time on the haarp the weather would be sunny and we could have our yard sales. or if the tech industry could take some pages from others it could help. 1. return for disposal the movie ai once you activate the robot if you no longer want the robot you had to return to the makers for disposal and destruction that kept the parts from the open market apple does similar thing with the motherboards from the macs and iphones you have to return faulty motherboard in order to get replacement from apple. 2. personalized drm the movie ai features a drm that activates the robot and once activated it can not be reverted so that is why the robot had to be returned for destruction because it could not be deactivated. 3. kill switch the movie short circuit had a kill switch that they could shut down the robot remotely but the robot either ignored the command or was out of range today's smart phones do a kill switch where stolen phones can be disabled to prevent reactivation but does not prevent resale of used parts. so would you tech industry please find a way to prevent sale of used goods via technical means rather than making it rain every day on the east coast?
Brilliantly explained in a crystal clear yet non-toxic manner. We look forward to updates on the situation involving FSD. Thank you.
Thank you Penny!! SV
Excellent explanation and illustration of a confusing subject. Thank you
you are welcome! Thanks for the feedback!
Thanks a lot for this excellent explanation!
Would you explain Precious Moment case?
how about pet food? their arguing after the buyer purchased it, the producer doesn't have control of how well the buyer keep the product so they shouldn't resell those because it will hurt brand's reputation, same argument about product warranty. does First Sale Doctrine apply to these type of products?
What about fabric with well known characters?
always be careful with well known characters......especially Marvel comics, NFL stuff and Disney.....the bigger the company the bigger the legal risk, generally speaking of course.
@@attorneysteve so if I buy Disney fabric from Joanna and make a pillow to sell. Am I covered by the first doctrine?
What about claims of not valid warranty coverage. And the first sale doctrine?
If you sell a new item as used and a no warranty or affiliation clause in the item description does the first sale doctrine hold up? Can the IP holder still say the item is materially different and say the first sale doctrine does not apply?
Now, what about the first sale in the use of Libraries making money off late fees?
In your first example jack sold the book for less than he bought it for. Could he of sold it for more of would that be illegal. For an example, you bought a shirt for 50% off then you go and sell it on your website for the original full price.
I would say selling it for more is legal. I mean, you see vintage stuff sell for way more than original price. and if there is a limited product, you can sell it for more a few years later because people are willing to pay for it..
first sale doctrine. does this mean video games also? At no point am i ever told if i buy a pc game i can not resell it or that they can remove my right to play it via shutting down the drm sever. Can i sue over not being able to sell my a game and for them not telling me upfront? My hope is to sue are try to sue and change the law if not.
If you buy it in the store it does not say anything on the item , I think they should not be able to trick you into buying it under the idea that you own it by going out of there way not to tell you this until you install it. I do not understand how tricking people can be legal where they can say after the fact.
i think the first sale doctrine should be abolished the supreme court should overturn their decision on the law that makes it illegal to sell used electronics.
as of lately the last 2 years there has been a lot of rain and i suspect that since the tech industry has lost their battle with the first sale doctrine they are renting time on the haarp to make it rain and wash out yard sales.
but make the law like the seatbelt law where they cant bust the yard sale for selling used electronics alone they have to bust them for something else like stolen property, circumvention devices, breaking and entering devices or cheat devices*
lets say the ones running the yard sale is selling stolen goods like say they broke into an electrical store and stole a bunch of ceiling fan kits and is selling them at the yard sale now the police can bust the yard sale and the selling of electronics.
or
lets say the yard sale is selling a bunch of hdcp stripping devices that allows recording protected hdmi content the police can bust them.
or
lets say the yard sale is selling a bunch of emission test cheat devices (volkswagen scandal) they can bust the yard sale.
or
lets say the yard sale is selling a bunch of lock picking devices whether picks them self or key fob jamming and capture devices or devices to make them magnetic door locks fail the police can bust the yard sale.
if we could take away the incentive for the tech industry to buy time on the haarp the weather would be sunny and we could have our yard sales.
or if the tech industry could take some pages from others it could help.
1. return for disposal the movie ai once you activate the robot if you no longer want the robot you had to return to the makers for disposal and destruction that kept the parts from the open market apple does similar thing with the motherboards from the macs and iphones you have to return faulty motherboard in order to get replacement from apple.
2. personalized drm the movie ai features a drm that activates the robot and once activated it can not be reverted so that is why the robot had to be returned for destruction because it could not be deactivated.
3. kill switch the movie short circuit had a kill switch that they could shut down the robot remotely but the robot either ignored the command or was out of range
today's smart phones do a kill switch where stolen phones can be disabled to prevent reactivation but does not prevent resale of used parts.
so would you tech industry please find a way to prevent sale of used goods via technical means rather than making it rain every day on the east coast?
Great points!! SV