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But you don't need to actually agree to the contract in order to purchase the DVD. It's a contract that the rights holder is trying to say you've agreed to imp

But you don't need to actually agree to the contract in order to purchase the DVD. It's a contract that the rights holder is trying to say you've agreed to implicitly by buying the DVD, but you've never actually agreed to anything. If I tell the checkout clerk at Walmart verbally "I refuse to abide by the terms of use for this DVD and I will make copies and distribute them as I please", that clerk has absolutely zero obligation to refuse to sell me the DVD and would probably just be like "sure man whatever" So it's not actually a condition of sale. It's supposedly a condition of viewing/usage of the content on the DVD, but I never agreed to it and the content is in my possession so...

WendyTheWillow 3y ago
The Walmart store associate absolutely has a duty not to sell you that DVD; while we can argue over the nature of the implicit contract you consent to when you buy something, it's almost certainly an explicit clause in Walmart's contract with, say, Paramount that they take all effort to limit piracy of content they sell to customers.
- bluefirebrand 3y ago
  > it's almost certainly an explicit clause in Walmart's contract with, say, Paramount that they take all effort to limit piracy of content they sell to customers I've actually worked at retail stores that sold CDs, DVDs and Videogames. At no point during any kind of training was I told to take any action to limit piracy of content that we sold to customers. If this was part of Retailers contract, then it would certainly be part of sales associate training. Since it's not, I'm going to have to firmly assert that it is Definitely Not "almost certainly an explicit clause" like you claim.
  - WendyTheWillow 3y ago
    Why would a store associate be aware of the language of the contract between your corporation and the supplier? Besides, even if it weren't in the contract, the product is covered by copyright law. No person who owns content that can trivially be made worthless absent copyright law would ever allow a copy of their work to be made. That's the agreement you enter into when you purchase a copy of the work.
    - bluefirebrand 3y ago
      My logic is simple If such a contract exists then the retailer has to uphold the contract The associates at the point of sale are the people who are in the best position to uphold the contract To uphold the contract they would need to receive training. They wouldn't have to know the exact language of the contract, but there would be a procedure in place that the retailer could use to demonstrate that they are upholding the contract to the best of their ability. Since such training doesn't exist, then it's likely no such contract exists either.
      - WendyTheWillow 3y ago
        > Since such training doesn't exist So where you worked, prospective customers were allowed to copy media before purchase?

WendyTheWillow 3y ago

The Walmart store associate absolutely has a duty not to sell you that DVD; while we can argue over the nature of the implicit contract you consent to when you buy something, it's almost certainly an explicit clause in Walmart's contract with, say, Paramount that they take all effort to limit piracy of content they sell to customers.

bluefirebrand 3y ago
> it's almost certainly an explicit clause in Walmart's contract with, say, Paramount that they take all effort to limit piracy of content they sell to customers I've actually worked at retail stores that sold CDs, DVDs and Videogames. At no point during any kind of training was I told to take any action to limit piracy of content that we sold to customers. If this was part of Retailers contract, then it would certainly be part of sales associate training. Since it's not, I'm going to have to firmly assert that it is Definitely Not "almost certainly an explicit clause" like you claim.
- WendyTheWillow 3y ago
  Why would a store associate be aware of the language of the contract between your corporation and the supplier? Besides, even if it weren't in the contract, the product is covered by copyright law. No person who owns content that can trivially be made worthless absent copyright law would ever allow a copy of their work to be made. That's the agreement you enter into when you purchase a copy of the work.
  - bluefirebrand 3y ago
    My logic is simple If such a contract exists then the retailer has to uphold the contract The associates at the point of sale are the people who are in the best position to uphold the contract To uphold the contract they would need to receive training. They wouldn't have to know the exact language of the contract, but there would be a procedure in place that the retailer could use to demonstrate that they are upholding the contract to the best of their ability. Since such training doesn't exist, then it's likely no such contract exists either.
    - WendyTheWillow 3y ago
      > Since such training doesn't exist So where you worked, prospective customers were allowed to copy media before purchase?