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I don't see the problem with them not wanting to buy it back (though they could probably sell it on to another eager buyer). But refusing to allow resale appea
by gumby 2y ago
I don't see the problem with them not wanting to buy it back (though they could probably sell it on to another eager buyer).
But refusing to allow resale appears to be a straightforward violation of the first sale doctrine.
- gruez 2y ago>But refusing to allow resale appears to be a straightforward violation of the first sale doctrine. It really isn't. The first sale doctrine only applies to IP law. It doesn't apply to anything else.
- gumby 2y agoIt actually comes out of the UCC (Universal Commercial Code), though IIRC via case law, and restricts the sellers’s control over the buyer’s rights. See some discussion here: https://www.peroslaw.com/news/online-resale-of-your-products-limiting-unauthorized-resellers/ https://www.peroslaw.com/news/online-resale-of-your-products... I remember Network Appliance (Netapp) could not prevent buyers from reselling their gear when they didn’t need it so they tried to make the software licenses nontransferable, rendering their hardware useless. You might have been thinking of this case.