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First-sale doctrine applies to copyrighted works. Deed restrictions are an example where someone can sell property with conditions on its use.
by Paul-ish 9y ago
First-sale doctrine applies to copyrighted works. Deed restrictions are an example where someone can sell property with conditions on its use.
- otterley 9y agoReal estate is the only type of property I'm aware of that allows the owner to enter into covenants that "run with the property." As of yet, I haven't heard about any exceptions. Software licensors have tried, but so far haven't been successful AFAIK.
- guelo 9y agoThe Supreme Court reinforced these doctrines just a week ago (in a patent case, but the same principles apply), ruling against Lexmark printer cartridge restrictions "that a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose."
- guelo 9y agoFirst-sale doctrine also applies to trademarks which is what would be at issue here. The doctrine allows reselling of trademarked products.