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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 16:01:30 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/24.0.50 (gnu/linux)

Alexander Terekhov <> writes:

> Dak, I agree with the BGH that *contractual* online account resale
> restriction has nothing to do with the Uhreberrecht (copyright
> statute).

Likely more a question of advertising regulations.  If the media clearly
was marked as providing access to an online game platform only
once... it's not like there aren't gazillion of precedences for
acquiring something physical that is exhausted after one online use
(like mobile phone recharge cards).  If the buyer was kept in the
opinion of acquiring a game media with the usual ways of using it, there
might be cause for complaint (though not concerning "fair use").

It is also not clear from what I read so far whether the game media as
such was bricked (completely unfunctional), or whether the online gaming
was the only way to make use of it.

David Kastrup

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