[Foundation-l] [announcement] new staff member in business development

Anthony wikilegal at inbox.org
Sun May 20 21:11:53 UTC 2007

On 5/20/07, Ray Saintonge <saintonge at telus.net> wrote:
> Anthony wrote:
> >On 5/20/07, Florence Devouard <Anthere9 at yahoo.com> wrote:
> >>Reselling one or two DVD would not be a big deal.
> >>However, engaging into a real reselling activity of a DVD using
> >>trademarks which you are not authorized to use for a commercial
> >>activity, is illegal.
> >>
> >>
> >Umm, how so?  Check out eBay sometime, or half.com (have they gotten
> >rid of that yet?).  People resell DVDs using trademarks which they
> >aren't authorized to use for a commercial activity *all the time*.
> >Besides that, it's most certainly not illegal.
> >
> Oh?  How can eBay possibly check out whether something offered for sale
> is pirated?  What would it need to do just to check whether DRM has been
> disabled on a particularly?  As long as they ask no questions nobody
> will tell them any lies.  How many potential buyers are going to
> complain about pirate material when they could be getting a bargain?
> Not illegal sounds more like not real.

This doesn't have anything to do with DRM or piracy.  Buying a DVD and then
reselling that exact DVD is protected under the doctrine of first sale,
which applies to both copyright and trademark law.


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