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Re: First sale litigation in Germany

From: Hadron
Subject: Re: First sale litigation in Germany
Date: Wed, 08 Dec 2010 16:01:26 -0000
User-agent: Emacs 23.2.1

So, in English, the Freetards lost?

Alexander Terekhov <> 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
> 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.
> Once you buy a copy of Half Life 2 software and create an online account
> your copy becomes pretty much worthless regarding resale if potential
> buyer can not reuse the online account you created because the key is
> not valid any more to create another account.
> Consumer rights protection group argued that it violates the doctrine of
> first sale and hence shall be forbidden.
> The publisher argued that a copy of game software is more like a ticket
> for a show which can not be "reused" once the show is over.
> Consumer rights protection group lost on two levels and appealed to the
> highest court (the BGH).
> The BGH ruled that publisher's practice does not violate first sale
> because copies can be resold and suggestion that a copy may become
> worthless for resale (after the creation of online account) is
> irrelevant. The court explicitly didn't rule on contractual
> enforceability of online account resale restriction.
> Here is the ruling:
> regards,
> alexander.

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