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Re: First sale litigation in Germany


From: Hadron
Subject: Re: First sale litigation in Germany
Date: Wed, 08 Dec 2010 16:01:27 -0000
User-agent: Emacs 23.2.1

David Kastrup <address@hidden> writes:

> 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.

They might second hand for next to nothing hoping to play it.

> 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.

How? The people who paid for the SW (and its development) got to play
the game.

Why do you think others should get to play it for next to nothing?

As I said : Freetards lost.

Tell me, do you video the movie when you pay to go to the cinema and
then sell it on?





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