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by SEMW
4921 days ago
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That's ebay's choice, but they're certainly not obliged to do that by copyright -- in the EU, at least. First Sale has been upheld (in the context of software) by the ECJ pretty recently (even for software you've downloaded rather than bought in retail), in the UsedSoft case -- http://www.linklaters.com/Publications/Publication1403Newsle... Choice quote:
"This broad interpretation of Article 4(2) is necessary as otherwise the effectiveness of the rule of exhaustion would be undermined since suppliers would merely have to call the contract a “licence” rather than a “sale” in order to circumvent it." IANAL. |
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