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Re: First sale litigation in Germany


From: David Kastrup
Subject: Re: First sale litigation in Germany
Date: Wed, 08 Dec 2010 16:01:27 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/24.0.50 (gnu/linux)

Hadron<address@hidden> writes:

> Alexander Terekhov <address@hidden> writes:
>
>> There is a ruling from the BGH (third level court which is akin to
>> SCOTUS apart from constitutional matters) regarding first sale aka
>> exhaustion doctrine.
>>
>> Consumer rights protection group sued the maker of
>> http://en.wikipedia.org/wiki/Half-Life_2 asking the court forbid to
>> suggest in a shrink-wrap EULA that online accounts created with one-time
>> key (the key comes with a copy of software/game) can not be sold by game
>> copy owner.

[...]

>> Here is the ruling:
>>
>> http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&Datum=Aktuell&Sort=12288&nr=52877&pos=4&anz=634
>>
>
> So, in English, the Freetards lost?

Hm?  The "Freetards" would not be buying Half Life in the first place.
Also the "Freetards" don't rely on first sale rights at all regarding
their licensing.  Actually, Alexander relies on that in one of his
favorite anti-GPL fantasies.

Consumers, primarily those of proprietary software, lost.

-- 
David Kastrup


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