Resell Rights

Post topics about the business side of magic.

Postby Guest » 10/23/07 12:19 PM

I apologize in advance if this is the wrong forum for this question. I noticed on Ebay an auction for a kit that apparently contains audio cds and a cd containing PDF files. The description includes the following disclaimer:

This package is not to be resold, repackaged, given away, or auctioned on Ebay. It is for the winners PERSONAL use only

My question is, is this restriction even enforceable? Seems to me as long as the items are original, not copies, the person who purchases them can do anything they want with them including give them as a gift, sell them to someone else, or put them in a microwave on high for 3 minutesjust kidding about the last part. Am I wrong on this?

Postby Jim Maloney_dup1 » 10/23/07 12:37 PM

You are correct -- it's known as the "first sale doctrine" .

Jim Maloney_dup1
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Postby Guest » 10/23/07 08:16 PM

It depends. If there is a written contract of non-transferrability, there is a remote possibility that legal action could be taken. However, considering the nature of the documents that is very unlikely.

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