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I'm interested, which part of this is unenforceable in the states (as an Australian)? It's quite a common clause, although not for cars and consumer goods, for
by killingtime74 3y ago
I'm interested, which part of this is unenforceable in the states (as an Australian)? It's quite a common clause, although not for cars and consumer goods, for competition reason.
- yreg 3y agoIn what (b2c) area is it a common clause?
- killingtime74 3y agohttps://viewpoint.pwc.com/dt/us/en/pwc/accounting_guides/revenue_from_contrac/revenue_from_contrac_US/chapter_8_practical__US/87repurchase_rights_US.html https://viewpoint.pwc.com/dt/us/en/pwc/accounting_guides/rev... quickest example I could find. Also some share sales.
- jemfinch 3y agoIt's probably a violation of the First Sale Doctrine, which is well established in US law.
- KennyBlanken 3y agoFirst sale doctrine only applies to matters of copyrighted material.
- viro 3y agoit also doesn't apply to software aka all that tesla firmware
- mike_d 3y agoAmerican law has many provisions, among them the First Sale Doctrine, where once money has changed hands a seller cannot restrict your use of a product. Our Supreme Court famously applied this to inkjet cartridges, saying a printer maker can't take punitive action against you for refilling them: https://www.oyez.org/cases/2016/15-1189 https://www.oyez.org/cases/2016/15-1189
- pests 3y agoWhat does Ferrari do to be able to enforce their rules?
- LeoPanthera 3y agoThe simple answer is that it's never been tested - no-one has tried to resell a "restricted" Ferrari.
- mike_d 3y agoFerrari won't interfere with the sale of a vehicle, because they have no legal grounds to do so. However you do give up your ability to be waitlisted for upcoming models, which effectively prevents you from buying them new ever again. Ferrari terminated the franchise agreement for the Wynn Las Vegas Ferrari dealership because Steve Wynn sold his LaFerrari before the 2 year window was up.
- piperswe 3y agoFerrari can blacklist you from receiving allocations for new cars, but AFAIK they can't limit your access to the used market.
- KennyBlanken 3y agoSure they can. Someone who sells you a used car ends up blacklisted as well; people who own high end / collectable Ferraris wouldn't dare risk being blacklisted. They famously blacklisted Top Gear for revealing that Ferrari was 'cheating' in their evaluations by arriving with an army of technicians and tuning the car to the Top Gear test track before allowing TG to review it, and delivering the car with tires much stickier than they came from the factory and so on. Every other journalist was gladly hiding all this bullshit because they didn't want to lose access to press cars. Top Gear hosts said "if you happen to have one of the ____ models and would let us drive it, let us know" during an episode and someone took them up on it. Ferrari blacklisted the owner for doing so.
- blondin 3y agoit is unclear how first sale doctrine applies here.