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Re: First sale litigation in Germany

From: Hadron
Subject: Re: First sale litigation in Germany
Date: Wed, 08 Dec 2010 16:01:29 -0000
User-agent: Emacs 23.2.1

David Kastrup <> writes:

> Hadron<> writes:
>> David Kastrup <> writes:
>>> Hadron<> writes:
>>>> 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.
>>> [...]
>>>>> Here is the ruling:
>>>> 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.
> Wrong: if that would have been what the case was about, the outcome
> would have been different.  The purchasers did not "get to play the
> game": the whole point of the defense (which the court agreed with) was
> that people paid for an _entry_ ticket to an _online_ game, and that it
> was ok that this ticket was exhausted with the first user.


> If you follow the defendants' and the courts' reasoning, it is exactly
> _not_ the software in the packaged medium that people paid for, but
> rather the software/community/identity provided by the online servers.

So the SW isnt what generates the game? I bet you think you should the
source code too?

You sound like a radical loony that expects everything for free.

>> Why do you think others should get to play it for next to nothing?
> For the same reason that others get to read a book for next to nothing
> once the people who paid for the book got to read it?

Please dont equate reading a book with playing a modern game that costs
millions to develop.

It's quite obvious what your position is : you're a "freetard". It is
well defined.

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