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First sale doctrine is related to the sale of physical articles of copyrighted items. The appropriate body of law for purely physical goods is "equitable servi
by gamblor956 3y ago
First sale doctrine is related to the sale of physical articles of copyrighted items.
The appropriate body of law for purely physical goods is "equitable servitudes on chattels" (aka post-sale restraints). Generally illegal, but some restraints are allowed.
For example, a ban on resale is generally not enforceable, but a right of refusal is (however, if the seller refuses to buy back the item, the buyer is free to sell to whoever they want). Additionally, sellers can simply refuse to sell additional items to the buyer, which is what Ferrari, Jaguar, and other luxury car makers do. (Watchmakers also do this.)
- adhesive_wombat 3y agoIs the seller allowed to set the price they want for that first refusal?
- gamblor956 3y agoThey have the right to refuse the price the original buyer has an offer from a third party purchaser. I.e., if I buy Model Z from Tesla, and then arrange to sell it to Sally for $200k (meaning that is the price Sally agrees to pay), Tesla has the right to swoop in and match the $200k and buy it instead.
- adhesive_wombat 3y agoInteresting. That doesn't seem to be the contract Tesla is using: they depreciate it by milage at 25 cents a mile and also deduct the cost of the refurbishment. Would that then be unenforceable?